Bela Act regulations have been gazetted - here's how you can have your say

Minister of Basic Education, Siviwe Gwarube, has officially opened the door for public participation by gazetting the first two sets of regulations under the Basic Education Laws Amendment (Bela) Act, inviting South Africans to have their say. The regulations are for the  minimum uniform norms and standards for the capacity of ordinary public schools. These are the first draft regulations to be published since the law came into effect last year.

Following months of deliberation and increasing pressure from Parliament’s Portfolio Committee on Basic Education, which urged Gwarube to finalise and publish the 10 regulations needed to operationalise the law, the regulations on school admissions and school capacity were officially published in Government Gazette Nos 53119 and 53120 on 6 August 2025, marking a significant milestone in the act’s implementation.

In a statement, Gwarube said the regulations were designed to ensure that the amendments introduced by the act were implemented in a manner that upheld learners’ rights, enhanced school functionality and maintained a careful balance of powers between school governing bodies (SGBs) and the government.

“These regulations are instruments that will affect how schools are governed and managed, how children are admitted and how our values as a society are reflected in our education system,” she said.

The Department of Basic Education is releasing the regulations in phases to avoid delays caused by bulk publication. Each regulation will be published for public comment after legal vetting, ensuring a transparent and consultative process.

However, the staggered release approach has raised concerns  from Joy Maimela, Chairperson of the Portfolio Committee on Basic Education.

“The committee has previously called for all the regulations to be gazetted in one go and not in a piecemeal fashion. We want the public to engage on a comprehensive document that will give expression to the intentions of the act,” said Maimela. 

Defending the approach, Gwarube’s spokesperson Lukhanyo Vanqa stated that releasing the regulations modularly was necessary to prevent delays and that it is the most efficient way to proceed.

“The modularised release of the regulations is to avoid delays and to ensure once the drafting and legal vetting by the Office of the Chief State Law Adviser is complete, then the regulation is released for public comment. This is not only practical, it’s the most efficient manner of law making. There would be little to no value in not releasing regulations which are ready,” he said. 

How you can have your say 

Gwarube has emphasised that this public participation is a key opportunity for all stakeholders to shape the future of basic education.

“The release of these regulations is an important opportunity for education stakeholders and the broader South African public to actively shape the future of basic education in our country,” she said.

To facilitate engagement, the department announced plans to launch a national public awareness campaign aimed at helping communities understand the content of the proposed regulations and make informed submissions.

How does public comment work?

• Draft bills, regulations or policies are published in the Government Gazette or on official platforms, providing details on the proposed changes.
• Interested parties can submit written comments within a specified period (usually 30 days).
• Submissions are reviewed by parliamentary committees, which may invite submitters to make oral presentations during public hearings.
• Committees consider the feedback when finalising legislation, fostering collaboration between government and citizens.

How to make an effective submission?

Identify yourself properly:

• If submitting on behalf of an organisation or company, use a letterhead. Individuals should clearly state their full name, contact information and address at the top of the submission.
• South Africa’s public comment process also champions child participation, recognising children’s right to be involved in decisions affecting their lives.

Address the submission:

• Clearly name the parliamentary committee the submission is meant for.
• Include a clear subject line indicating what your submission is about.
• Date your submission.

Introduce yourself or your organisation:

• Explain who you are and why the bill or regulation matters to you or your community.

Present your feedback:

• Outline your concerns, criticism or support for the bill.
• Provide constructive criticism and suggest possible solutions or recommendations.

Request to speak:

• Indicate if you would like to present your views orally to the committee.

See this example of a submission from the Healthy Living Alliance on the Health Promotion Levy on Sugar Beverages.

Where to find the regulations and how to submit comments?

• Admission of Learners to Public Schools Regulations | submit comments at AdmissionRegz@dbe.gov.za
• Regulations on Minimum Uniform Norms and Standards for School Capacity | Submit comments at CapacityRegz@dbe.gov.za
• Public comments on the draft regulations should be submitted directly to the Department of Basic Education at the provided email addresses, as the consultation process is being managed by the department, not through Parliamentary committees.

Deadline for submissions: 5 September 2025. DM