BELA Act: Draft Regulations on Learner Admissions and School Capacity

Posted 06 August 2025 Written by Acts Online
Category Education

Brought to you by SA Legal Academy: The Department of Basic Education has released draft regulations for public comment to provide a framework for learner admissions and the determination of school capacity in line with recent legislative changes.

In terms of the Basic Education Laws Amendment Act, No. 32 of 2024 (BELA Act), the Minister of Basic Education has gazetted draft regulations focusing on the administration of state-run schools. While input was initially sought by 5 September 2025, the department has issued several extensions. According to a notice gazetted on 8 December 2025, the deadline for public comment has been extended for a fourth time to 5 January 2026.

Draft Regulations on School Admissions

The draft regulations on school admissions seek to give practical effect to the Basic Education Laws Amendment Act, No. 32 of 2024. Key focus areas include:

  • The administrative processes for the compulsory admission of learners to Grade R;
  • The documentation required for learner registration and the management of waitlists;
  • Procedures for the suspension or expulsion of learners in accordance with constitutional rights; and
  • The role of School Governing Bodies (SGBs) in formulating admission policies that align with provincial and national frameworks.

Draft Regulations on School Capacity and Infrastructure

The second set of draft regulations pertains to ‘ordinary’ state-run schools—defined as those not catering to learners with special educational needs. These regulations propose a comprehensive set of minimum norms and standards dealing with:

  • The determination of a school’s capacity to accommodate learners based on available classroom space and resources;
  • Learner-to-educator ratios and the maximum number of learners permitted per classroom; and
  • Minimum infrastructure requirements for safety, sanitation, and specialized learning areas.

The extension notice and the draft regulations, which are now also available in Afrikaans, can be accessed via the official gazette. Click here to download the 8 December 2025 extension notice and the 3 October 2025 notice.

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

  • For yourself: Professionals in the education sector must familiarize themselves with the shifting balance of power between School Governing Bodies and the Department regarding admissions, as established by the BELA Act.
  • For your business: Educational consultancies and legal practices specializing in administrative law must prepare for increased advisory work regarding the implementation of the new infrastructure norms and capacity limits.
  • For your clients: School Governing Bodies and parents must review the draft regulations to understand how the new admission criteria and capacity determinations will affect school enrollment for the upcoming academic cycles, ensuring comments are submitted by the 5 January 2026 deadline.

Originally published at https://legalacademy.co.za/news/read/basic-education-input-sought-on-learner-admission-school-capacity-regulatory-proposals

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