BELA Act: Progress Update on Regulation Drafting and Implementation

Posted 09 July 2025 Written by Acts Online
Category Education

Brought to you by SA Legal Academy: The Department of Basic Education is currently developing the regulatory framework required to give effect to the Basic Education Laws Amendment Act, No. 32 of 2024, with draft regulations expected by mid-2025.

In terms of the Basic Education Laws Amendment Act, No. 32 of 2024 (BELA Act), the Department of Basic Education (DBE) is required to produce ten sets of regulations to facilitate the Act’s implementation. In a recent briefing to the National Assembly’s Basic Education Committee, the Department indicated that only two of these regulations are currently at an advanced stage and have been submitted to the Office of the Chief State Law Advisor for formal scrutiny. The DBE anticipates that the remaining draft regulations will be ready for public comment by the end of June 2025.

The regulatory process is specifically focused on the Act’s most contentious provisions, notably those concerning:

  • The determination of school admission policies; and
  • The determination of school language policies.

While the formal regulations are still being drafted, the DBE has issued ‘draft guidelines’ intended to assist provincial education departments in implementing the Basic Education Laws Amendment Act, No. 32 of 2024. These guidelines serve as an interim measure to manage the transition of authority and procedural changes mandated by the new legislation.

Grade R and Infrastructure Challenges

The committee also reviewed the progress of making Grade R compulsory at all state-run schools. The DBE and the National Assembly committee identified significant obstacles to this rollout, including a critical shortage of suitably qualified teachers and the infrastructure requirements necessary to accommodate the additional cohort of learners. These challenges may impact the timeline for universal implementation across all provinces.

What this means for you, your business, or your clients

  • For yourself: No direct individual compliance obligations at this stage; however, professional educators should monitor the June 2025 window for the opportunity to submit public comments on the draft regulations.
  • For your business: Legal practices and educational consultancies must advise institutional clients that while the Act is law, the specific procedural requirements for admissions and language policy changes will remain in flux until the formal regulations are promulgated post-June 2025.
  • For your clients: School Governing Bodies (SGBs) should review the interim draft guidelines issued to provincial departments to understand how their current admission and language policies may be challenged or modified under the new legislative framework.

Originally published at https://legalacademy.co.za/news/read/basic-education-laws-amendment-act-slow-progress-with-regulations

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