What the BELA Act means for single-sex schools in South Africa

Concerns that the Basic Education Laws Amendment (BELA) Act could open the door to government placing girls in boys’ schools or boys in girls’ schools have been firmly dismissed by both the Department of Education and legal experts.

The BELA Act, signed into law in September 2024, sparked debate over the powers of provincial education heads to intervene in admissions decisions.

At the heart of the confusion is whether the Act could be used to override long-standing single-sex admission policies at public schools.

The Department of Basic Education told Newsday that the law is clear: School Governing Bodies (SGBs) remain responsible for setting admission policies, including whether a school is boys-only or girls-only.

However, these policies must comply with the Constitution, national law, and provincial regulations.

“The South African Schools Act provides that school governing bodies have the power to determine their admission policies, provided these policies comply with the requirements of the Act, provincial law and the Constitution,” the department said.

Governing bodies keep the pen

When drafting or reviewing admission policies, SGBs must consider a wide range of factors, including “the needs, in general, of the broader community,” “the best interests of the child,” whether alternative schools are accessible to learners, and the resources and capacity of the school itself.

“The governing body of a public school may determine that the school is a single-sex school,” the department confirmed.

“This determination – which forms part of the school’s admission policy – may in certain circumstances need to be reviewed at the request of the Head of the Provincial Education Department.”

Limits on government powers

While provincial education heads (HODs) do have the authority to place learners in schools, that power is tightly circumscribed.

“This may only be done after consultation with the governing body of that school,” the department stressed.

“Such a decision must also be in the best interests of the learner concerned, must be reasonable and fair in the circumstances and should not be taken where the school is already operating at full capacity.”

On the specific question of gender placements, the department added: “A decision by the Head of a Provincial Education Department to admit a female learner to a boys’ school, for example, may not necessarily be in the best interests of that learner.”

Legal framework protects single-sex schools

Carita Visser, a legal expert at the Federation of Governing Bodies of South African Schools (FEDSAS), told Newsday that the law explicitly protects gender-specific public schools.

“Section 12(6) of the South African Schools Act 84 of 1996 expressly states that ‘Nothing in this Act prohibits the provision of gender-specific public school.’ This makes it clear that single-sex public schools are legally recognised in South Africa,” she said.

Visser explained that section 5(5) empowers SGBs to set admission policies, while section 5(5)(b) gives the HOD the final authority to admit a learner after consultation with the SGB.

She stressed that this authority must be exercised in accordance with the Constitution and the school’s lawful admission policy.

“In practice, this means that the HOD of a provincial education department is unlikely to succeed when entering into consultations with an SGB for admitting a learner of another gender to a gender-specific school, if the admission policy lawfully provides that the school is a gender-specific school,” Visser said.

Safeguards and appeals

Visser added that parents and learners have further protection under the law.

“It is important to note that the HOD’s decision takes place within a legal framework that requires consultation and provides for appeals. Learners are therefore not placed arbitrarily or outside of due process,” she said.

These safeguards are reinforced by new provisions introduced through the BELA Act, which amend the South African Schools Act to strengthen oversight while still respecting the autonomy of governing bodies.

Balancing fairness and tradition

The department and FEDSAS are aligned on the principle that schools cannot use their admissions policies to unfairly discriminate, but they also emphasise that single-sex education remains a legitimate and protected choice within South Africa’s public system.

“Single-sex schools are not threatened by the BELA Act,” Visser said.

“The balance struck by the law ensures that admission policies respect the Constitution while also protecting the long-standing character of gender-specific schools.”

For parents worried that BELA could be used to dismantle traditions at boys’ or girls’ schools, the message from both the government and legal experts is consistent: single-sex education is here to stay, provided admission policies are lawful and nondiscriminatory.