New regulations threaten schools across South Africa

Johnell Prinsloo, education researcher at the Solidarity Research Institute (SRI), warned that new regulations threaten schools across South Africa.

She cited three new draft regulations under the Bela Act that indicate a shift towards greater state control over public schools.

The Basic Education Laws Amendment (BELA) Act is a South African law signed by President Cyril Ramaphosa in September 2024.

It updated two pieces of education legislation: the South African Schools Act (SASA) of 1996 and the Employment of Educators Act of 1998.

The most controversial sections of the Act involve the balance of power between School Governing Bodies (SGBs) and Provincial Education Departments.

School Governing Bodies retain the right to draft a school’s language policy. However, this is not set in stone.

The provincial Heads of Department hold final approval power and can instruct a public school to adopt an additional language of instruction.

They also have the authority to override a governing body’s admission policy to prevent discrimination or to ensure that all children in a geographic area are placed in a school.

Prinsloo warned that the three new draft regulations could further limit the authority of governing bodies and school communities.

“Proper regulation is necessary, but schools cannot become administrative extensions of provincial education departments,” she said.

She argued that school governance must remain vested primarily in parents and school communities.

• The first set of draft regulations addresses governing body elections and provides for electronic nominations and e-voting, stricter verification processes, extensive record-keeping, and a greater role for district and provincial officials.

• The second set focuses on teacher development through provincial institutes and district centres. There are concerns about a uniform state model that does not take into account the significant differences between provinces, urban areas and rural communities.

• The third set of regulations imposes stricter requirements for additional compensation for state-appointed staff. This could limit schools’ ability to compensate staff quickly and responsibly for extra work such as sport, culture, extra classes, school outings and camps.

“Teachers need practical support, not more administrative structures that make little difference in the classroom,” she said.

Johan Botha, head of the Solidarity Teachers’ Network, said that governing bodies must still have the space to make responsible decisions in line with their schools’ needs.

“These regulations affect every public school. Parents, governing bodies and school communities must now make their voices heard to protect school autonomy,” they said.