The department of basic education (DBE) has accelerated the rollout of the Basic Education Laws Amendment (Bela) Act, with key regulations nearing completion and groundwork laid across all provinces.
The Bela Act amends the SA Schools Act of 1996 and the Employment of Educators Act of 1998.
It introduces compulsory Grade R, tighter homeschooling regulations, a ban on corporal punishment and initiation practices, and expanded powers for provincial education departments.
It also imposes penalties for disrupting school operations or preventing learner attendance.
According to the DBE, nine regulatory frameworks are being developed to operationalise the Bela Act.
Two, on school capacity and learner admissions — have already been finalised and approved by the office of the chief state law adviser (OCSLA).
Seven others, including those on learner pregnancy, educator development, and language policy, are under legal review.
All draft regulations are expected to be published for public comment by mid-2025, with final gazetting scheduled for the fourth quarter. The regulations will take effect on January 1 2026, aligning with the start of the academic year.
“Ultimately, these guidelines and regulations must be implemented in a manner that protects the learner, that protects the teacher, and that protects our schools,” said basic education minister Siviwe Gwarube. “This piece of legislation is now the law of the Republic of South Africa.”
Grade R is now compulsory for all children turning five by June 30 of their admission year. National enrolment reached a provisional 773,925 in 2025. However, more than 7,000 practitioners still lack the required NQF level 6 qualification. The DBE has committed to upskilling these educators, with 3,372 already volunteering for further study.
Monitoring visits in June revealed that many school governing bodies (SGBs) have yet to align their admissions and language policies with the amended law.
Some Afrikaans-medium schools were found to be using language policy to limit enrolment. The DBE has recommended the introduction of parallel-medium streams and clearer hostel admissions processes.
The Bela Act has been one of the most hotly contested pieces of education legislation in recent years.
First introduced in draft form in 2022, it drew more than 29,000 public comments by early 2023.
Critics, including the DA, AfriForum and other civil society groups, argued that the act would centralise too much power in the hands of provincial education departments, particularly through sections 4 and 5, which deal with school admissions and language policy.
Critics claimed the act threatened mother-tongue education and undermined the autonomy of SGBs. President Cyril Ramaphosa delayed the implementation of these sections for three months in late 2024 to allow for further consultation.
In response to the backlash, Gwarube took a firm stance.
The Citizen quoted her in December 2024 as saying: “I want to make it clear that I will lead the implementation of the Bela Act. The implementation will protect all our children and schools from any form of victimisation at all times.”
She also emphasised that the act is not a political tool. “I will not tolerate any weaponisation of this legislation for political purposes. The future of this country and our learners depends on us being able to do our work.”
In the Eastern Cape, implementation was disrupted by severe flooding in June that claimed the lives of 30 learner and damaged 235 schools. Despite this, 168 schools were monitored for policy compliance and a revised mediation plan has been approved.
Mpumalanga and North West have completed district-level mediation and expanded Grade R access, though infrastructure and budget constraints remain.
KwaZulu-Natal trained over 6,000 schools and increased Grade R enrolment to 178,932, despite 198 schools still lacking Grade R classes.
The DBE aims to finalise all regulations by the end of 2025, with full enforcement of the Bela Act from the 2026 academic year.
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