Basic Education Minister Gwarube pledges to finalise BELA regulations ahead of 2026

Basic Education Minister Siviwe Gwarube said her department is working towards ensuring that the regulations for the Basic Laws Amendment Act (BELA) are finalised in time before the start of the 2026 academic year.

Gwarube said the department was aiming to publish the regulations, norms and standards for public comment by the end of June 2025.

“The introduction of the national regulations, norms and standards and policy required to support implementation of the South African Schools Act and the Employment of Educators Act, both as amended by the BELA Act, will not occur during the 2025 school year.

“The Department of Basic Education (DBE) will, however, work tirelessly towards these being introduced in time for the start of the 2026 school year,” she said.

Gwarube revealed this when she was responding to parliamentary questions from EFF MPs, Mandla Shikwambana and Babalwa Mathulelwa, who asked about the process of the finalisation of the regulations and guidelines of the BELA Act.

Shikwambana and Mathulelwa also enquired about the date the new law will be implemented and the guidelines be finalised, among other things.

In her written response, Gwarube said the new law was being implemented since it was proclaimed on 24 December 2024.

“No regulations, norms and standards, policies and guidelines can delay implementation of the amendments to the South African Schools Act and the Employment of Educators Act introduced by the BELA Act.”

She said President Cyril Ramaphosa has made it clear that she was now tasked with leading and coordinating implementation of the amendments to the South African Schools Act and the Employment of Educators Act introduced by the BELA Act.

“The Department of Basic Education (DBE) has made good progress in supporting the basic education sector to give effect to the BELA Act.”

Gwarube noted that last year the department completed the training of officials whose roles are directly impacted by the new legislation.

“This foundational training ensures that provincial and district teams are well-equipped to support schools to give meaningful effect to the South African Schools Act and the Employment of Educators Act, both as amended by the BELA Act.

“Since the start of the 2025 school year, these trained officials are guiding school principals and School Governing Bodies through tailored training sessions, supported by oversight from the DBE.”

Gwarube said the department has embarked on the ambitious drive that will enable and empower all partners in basic education to give meaningful effect to this important piece of legislation.

“It must be noted, however, that the development and introduction of the required national regulations, norms and standards and policy does not in any way delay implementation of the amendments to the South African Schools Act and the Employment of Educators Act introduced by the BELA Act (which amendments came into force and effect on 24 December 2024).”

Gwarube further said various stakeholders have expressed an urgent need for interim guidance on how to give effect to certain amendments, but it was necessary to develop and issue guidelines to support education departments, public schools and parents pending the development of the required policy.

A draft set of the guidelines was developed on an urgent basis by the ministerial team and shared with the department for consideration in January 2025.

These were subsequently circulated to provincial Education Departments, educator unions, School Governing Body associations, principals associations and home education stakeholders in January 2025 for urgent comment.

“The revised draft of these guidelines has been considered by the Head of Education Departments Committee and will be tabled before the Council for Education Ministers (CEM) for discussion before being issued to the sector.”

mayibongwe.maqhina@inl.co.za