GOOD Statement by Brett Herron,
GOOD Secretary-General
07 August 2025
Minister Siviwe Gwarube appears to be using regulations to undermine the intention of the Basic Education Laws Amendment (BELA) Act and the now amended South African Schools Act. What should have been a welcome milestone, the gazetting of the first two sets of BELA regulations, nearly eight months after the Act came into effect in December 2024, has instead revealed serious concerns.
BELA was meant to reform outdated admissions and language policy frameworks and dismantle the spatial, linguistic, and racial barriers that persist in South Africa’s public education system. However, the wording of the regulations does not reflect that intention. Instead, the Minister has selectively chosen language that risks entrenching exclusion.
For example, the draft Admissions Regulations require School Governing Bodies (SGBs) to consider “the demographics and education needs of the surrounding community, including language preferences and the number of compulsory school-age learners.” Yet the BELA Act clearly places responsibility with the Head of Department (HOD) to determine Education Districts, a much broader and more inclusive framework.
By narrowing the scope to “surrounding community,” the regulations could allow underutilised schools in historically privileged areas to justify maintaining admissions policies based on “language preferences” and “demographics”. This contradicts the very purpose of the BELA Act, which is to expand access to quality education, not restrict it based on apartheid-era spatial divisions.
Compounding the problem, the Minister introduces the concept of “feeder zones” in the regulations, whereas the Schools Act as amended, refers to “Education Districts”. The regulation states, “A HOD may, after consultation with the governing bodies, determine feeder zones for public schools, in order to control the learner numbers of schools and co-ordinate parental preferences.” This language is not only inconsistent with the empowering legislation, but also restrictive and potentially regressive.
“Feeder zones” have historically been used to entrench exclusion based on geography and privilege.
The Minister cannot introduce concepts through regulation that limit the rights created by Parliament through legislation. School language policies remain among the most contested and politically weaponised tools used to preserve historical privilege under the guise of cultural protection. Regulations must not be allowed to reinforce this.
We urge all stakeholders, especially those historically excluded from decision-making in education, to make their voices heard during the public participation process.
We are also disappointed by the Department’s decision to publish the BELA regulations in a phased, modular manner, beginning only with those relating to admissions and capacity. While the intention may be to avoid technical delays, this fragmented approach undermines the coherence and urgency required to implement the Act effectively.
South Africa’s children cannot wait for political convenience or bureaucratic caution.
We call on the Department of Basic Education to fast-track the finalisation and gazetting of the remaining BELA regulations so that the full promise of the Act can be realised without further delay.
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