By Johnathan Paoli
The Basic Education Department has formally published two important regulations for public comments that will reshape how learners are admitted to public schools and how those institutions manage the number of learners they can accommodate.
The Regulations Relating to the Admission of Learners to Public Schools and Regulations Relating to the Capacity of Public Schools have been gazetted.
“The purpose of these regulations is to provide all departments and the governing bodies of all public schools with regulatory provisions to manage learner admissions in public schools… and provide for the minimum uniform norms and standards for the capacity of an ordinary public school in respect of the number of learners a school can admit,” the regulations read.
In short, the regulations are designed to bring fairness, clarity and order to the often messy and frustrating school admissions process.
They address long-standing issues around school overcrowding, unfair admission practices and unequal access, especially in high-demand urban areas.
Until now, many schools followed their own rules when admitting learners, often turning away children from the local community or prioritising certain language groups or income brackets.
The new admissions regulations fix this by creating a centralised, standardised process for all public schools in the country.
All school applications must be done online through the Admissions System, which opens during a set period every year, while the Head of Department (HOD) now manages all admissions, not individual schools or governing bodies.
Schools must prioritise children who live in their “feeder zones” rather than selecting based on preference or ability. Parents will need to provide proper documents such as birth certificates, proof of residence, immunisation records and past school reports.
Schools must accept children with disabilities and special support will be provided where needed.
The regulations list a priority order for placements, namely children who live within the school’s feeder zone; siblings of children already at the school; children of school staff; and children outside the feeder zone, ranked by how close they live.
If a child is not accepted at their preferred school, parents have a right to appeal the decision to the department within seven days.
The capacity regulations are meant to address overcrowding by ensuring every school knows and sticks to how many learners it can handle safely and effectively.
The HOD will decide each school’s capacity based on the size and number of classrooms, the number of teachers, furniture, equipment and learning materials, subject offerings, for example science labs, health and safety requirements, and special access for learners with disabilities.
Each school will now be audited yearly to update its official learner capacity, with this figure being published online so parents can make informed decisions when applying.
Schools may not accept more learners than their official capacity, unless the HOD gives special written permission.
Over enrolment can lead to disciplinary action against school principals or district officials.
The regulations also limit the role of School Governing Bodies (SGBs) in admissions.
In the past, some SGBs created their own policies that were used to exclude certain learners, especially based on language, income or ability.
Now, all admission decisions are made by the HOD, and SGBs must comply with the department’s regulations.
This change follows previous Constitutional Court rulings that found school policies cannot override the government’s duty to ensure fair access to education.
The new regulations are fully backed by law and align with the South African Schools Act, rights enshrined in Section 29 of the Constitution and key court rulings that protect learners’ access to fair and equitable schooling.
They form part of the broader reforms under the Basic Education Laws Amendment Act, which aims to modernise and streamline education policy across the country.
Schools must follow the centralised system and respect official capacity and can no longer use their own admissions rules.
Further, they must cooperate with audits and report accurate information, and they will face consequences if they break the rules.
Parents must ensure applying online within the set time and submit the right documents with no late applications accepted.
They can no longer “shop around” by applying to faraway schools without valid reasons, but have a right to appeal if they believe their child was unfairly rejected.
To ensure success, the department stressed that it would need to train school officials and district staff, help parents understand the new process through workshops and campaigns, provide technical support for online applications, especially in low-income areas, and monitor schools for compliance and respond quickly to problems.
The department has welcomed the new admissions and capacity draft regulations as representing a major step forward in building a fairer, more efficient education system in the country.
INSIDE EDUCATION
