To download Ms Joy Maimela’ soundbite, click on this link: https://iono.fm/e/1589141
The purpose of the Basic Education Laws Amendment (BELA) Act is to modernise governance, strengthen accountability, ensure equitable access and align schooling with constitutional values. It addresses admissions, language policies, home education and learner discipline, aiming to improve inclusivity, efficiency and quality in public education.
I address you today with both the gravity of our obligation and a deep concern regarding the state of education reform under the BELA Act – particularly its regulatory implementation – and highlight two additional critical focus areas demanding urgent and decisive attention. Only two regulations out of eight have been gazetted, which creates confusion. The deadline for the DBE was June and now in August only two guidelines have been released.
1. Discontent with BELA Act Regulations
The BELA Act, enacted in December 2024, introduced vital reforms to level the playing fields in education. However, the regulations meant to operationalise these reforms have been a source of escalating concern:
- Only two sets of regulations out of eight released –school admissions and minimum norms for school capacity have been gazetted (6 August 2025), with a deadline of 5 September 2025 for public comment. While the DBE claims the modular release is intended to accelerate implementation, the committee warns this piecemeal approach generates confusion and risks diluting the BELA Act’s transformative intent.
- The regulations on admissions, for example, refer to considering the demographics and education needs of the “surrounding community”. In the act, the responsibility for admission policy lies with the head of department and is based on the “‘broader Education Districts”. This potentially reinforces local demographic homogeneity, contrary to the type of inclusivity the act intended.
- The regulation referring to the HOD determining “feeder zones” for public schools, to control learner numbers and co-ordinate parental preferences, has been included in the regulations, whilst “Education Districts” is clearly referred to in the BELA Act. This, once again, points to keeping previously disadvantaged learners out via location. Historically it has been linked to exclusion. It seems these regulations are attempting to deliberately disregard the amended legislation, by re-writing the act and re-introducing matters that were unsuccessful contested in the legislative drafting process.
- During a briefing meeting of 8 July 2025 in Cape Town conducted by the portfolio committee with the DBE and PEDs, most PED officials in attendance mentioned that the issue of regulations is confusing.
- The committee remains unconvinced by assurances that the drafting process is rapid; the lack of clarity between “guidelines” and legally binding regulations – and their divergence from the South African Schools Act – is a continuing concern. The committee’s position is clear: we demand that final regulations be fully published, legally watertight, and aligned with the BELA Act’s democratic, inclusive objectives without further delay.
Prior to the regulations, the DBE issued draft guideline. Eight of the nine PEDs said this brought about confusion. The committee calls on all stakeholders to engage thoroughly on the regulations and we also call on the DBE to reconsider the gazetted regulations.
2. Grade R Infrastructure & Funding: A Critical Urgency
Adding to the regulatory backlog is the pressing issue of Grade R infrastructure and funding. The BELA Act makes Grade R compulsory, representing a landmark expansion of the schooling system, but many provinces remain unprepared to deliver on this promise.
- Reports from provincial education departments indicate substantial gaps in physical infrastructure – classrooms, budget, sanitation, and safe learning spaces – for the influx of Grade R learners.
3. Capacitation of Grade R Practitioners
Closely linked to infrastructure is the need to empower and retain competent Grade R practitioners:
- Many Grade R educators lack specialised training. The committee has heard from provinces that training budgets and mentorship programmes are insufficient, threatening the quality of early learning outcomes.
We call upon the department to urgently institute comprehensive training and support for Grade R educators, prioritising both rural and township schools, and to ensure equitable access to development resources.
Our message to parents, educators, civil society, and stakeholders is firm: We expect the BELA Act to be implemented, not only fully but faithfully to uphold inclusivity, fairness and quality education from the earliest years. Delays in regulations, lack of infrastructure, and insufficient educator support all threaten its ambitions, which may lead to gaps in implementation.
As Chairperson, I reaffirm the portfolio committee’s unwavering commitment to robust oversight, institutional accountability, and equitable outcomes. The committee calls on the public to make input on the draft regulations. We also call on the DBE to have another look at the two Regulations that were Gazette already.
If we can move to Safety in our Schools.
The safety of our learners, educators and school communities remains one of the foremost priorities of the Portfolio Committee on Basic Education. Schools must be centres of learning, not environments of fear. We are deeply concerned about incidents of violence, bullying, substance abuse and vandalism that continue to affect the wellbeing of learners and compromise teaching and learning.
The committee held meetings with the Portfolio Committee on Police on the safety of learners and how to deal the issue of violence in our schools.
This month, where we celebrate National Women’s Month, we were confronted with social media videos of boy learners violently assaulting girl learners in East London. This follows hot on the heels of the Minister of Basic Education and the Minister of Police signing the Safe Schools Protocol in June this year to enhance safety in our schools. This protocol signifies a joint commitment to creating safer learning environments, addressing issues like violence, crime, and insecurity within schools.
The committee calls on the national Department of Basic Education to work closely with provincial education departments, and law enforcement agencies to strengthen measures that ensure safe schooling environments. Key interventions include the expansion of school safety committees, collaboration with community policing forums, and the integration of psychosocial support services for learners.
We recognise that safety is not only about physical security but also about nurturing respectful, inclusive cultures that protect the dignity and rights of every learner. This requires strong partnerships between schools, parents, learners, and communities.
I am open for questions and further engagements. I thank you for your time.
ISSUED BY PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
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