BELA Act Regulations Are Guidelines
By Thobeka Makume
The Portfolio Committee on Basic Education has clarified that the norms and regulations currently being developed under the Basic Education Laws Amendment (BELA) Act are implementation guidelines, not amendments to the law. Committee Chairperson Joy Maimela made the announcement during a social cluster media briefing in Parliament on Thursday, addressing concerns raised by opposition parties and civil society groups regarding the controversial Act.
Clarifying the Role of Regulations
Maimela emphasised that the regulations being drafted by the Ministry of Basic Education do not alter the provisions of the BELA Act. “We must make something very clear. The regulations do not change and do not amend the Act. You can’t amend the Act utilising regulations. The regulations are merely guidelines on how to implement the provisions of the Act,” Maimela said.
This statement comes in response to criticism from the Democratic Alliance (DA), which previously expressed concerns over the lack of clarity in how contentious sections of the Act—particularly those dealing with language and admission policies—would be implemented. The DA argued that these regulations are critical to protecting school autonomy and ensuring transparency.
BELA Act and Ongoing Controversy
The BELA Act has been a contentious topic since its promulgation by President Cyril Ramaphosa on 24 December 2024. The Act includes clauses that transfer authority over school language and admission policies from school governing bodies (SGBs) to provincial Heads of Department (HODs). These clauses have drawn sharp criticism from organisations like AfriForum and Solidarity, which view them as an overreach of state authority into school governance.
The DA recently reiterated its call for the Ministry of Basic Education to ensure that the regulations safeguard the “autonomy of schools from subversion.” However, Maimela dismissed these concerns, stating that the regulations would serve to streamline the implementation of the Act rather than alter its core provisions.
Legal Challenges Against the BELA Act
Adding to the controversy, AfriForum, Solidarity, and the Solidarity Support Centre for Schools (SCS) have initiated legal action against President Ramaphosa and Minister of Basic Education Siviwe Gwarube. The organisations served letters of demand, alleging that the proclamation of the BELA Act in its entirety was “irrational and unconstitutional.” They argue that the President ignored the Minister’s recommendations to delay the implementation of contentious provisions until norms and standards were established.
The legal battle centres on Clauses 4(d), 4(f), and 5(c) of the BELA Act, which empower HODs to override SGB decisions on language and admissions. These clauses, according to the organisations, undermine the democratic principles of school governance enshrined in the South African Schools Act (SASA).
Minister’s Position on BELA Act Implementation
Minister Siviwe Gwarube has previously cautioned against the premature implementation of the contentious clauses. In her November 2024 statement, she emphasised the need for norms, standards, and regulations to prevent arbitrary decision-making by provincial officials. “The absence of guiding norms and standards opens the door to misuse of these powers, as seen in past cases such as Hoërskool Overvaal,” the Minister said.
Despite these warnings, the Government of National Unity (GNU), comprising the ANC, GOOD Party, and DA, moved forward with the full implementation of the Act. Reports suggest that the decision was influenced by political dynamics within the GNU, with concerns raised over the lack of constitutional standing for such informal agreements.
Stakeholder Reactions to the BELA Act
The BELA Act has sparked mixed reactions among political parties, unions, and civil society groups. The South African Democratic Teachers’ Union (SADTU) has welcomed the full implementation of the Act, describing it as a significant step toward equity in education. The Economic Freedom Fighters (EFF), however, criticised the delays, accusing the government of bowing to pressure from “right-wing coalitions.”
AfriForum and Solidarity have positioned themselves as key opponents of the Act, citing concerns over its impact on mother-tongue education and minority language rights. “This is an act of aggression against Afrikaans schools and children,” said AfriForum CEO Kallie Kriel. Solidarity’s Dr Dirk Hermann echoed these sentiments, warning that the Act sets a dangerous precedent for state interference in education.
The GOOD Party, in contrast, has hailed the BELA Act as a “victory for children” that ensures fairness and transparency in school language policies. “The Act will finally address historical inequalities in our education system,” a GOOD Party spokesperson said.
Legal and Constitutional Implications
AfriForum and Solidarity’s letters of demand draw extensively from constitutional law to challenge the proclamation of the BELA Act. They argue that the President’s decision bypassed collective Cabinet approval, a violation of Section 85(2) of the Constitution. The organisations have also referenced the Constitutional Court’s ruling in Pharmaceutical Manufacturers Association of SA v President of the RSA (2000), which states that executive actions must be “objectively rational.”
These legal arguments underscore the broader debate over the balance of power between national and provincial authorities in education governance. The organisations have called for dialogue to resolve the dispute amicably, warning that failure to engage within ten days will result in legal proceedings.
The Core Contentious Clauses
At the heart of the dispute are Clauses 4(d), 4(f), and 5(c) of the BELA Act, which:
• Grant provincial HODs the authority to override SGB decisions on language and admission policies.
• Transfer decision-making power over learner admissions and school capacity from SGBs to provincial officials.
Critics argue that these provisions erode the democratic role of SGBs and pave the way for undue state interference. Proponents, however, believe they are necessary to address disparities and ensure equal access to education.

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