President Cyril Ramaphosa has finalized the enactment of the Basic Education Laws Amendment (BELA) Act, stirring robust debate across South Africa’s political and educational sectors. Initially signed into law in September 2024, the Act’s implementation was postponed to allow further consultation on its most controversial elements. Following three months of negotiations, Ramaphosa has now fully endorsed the Act, including its disputed provisions.
The BELA Act introduces transformative changes aimed at standardizing South Africa’s education system and fostering inclusivity. Key amendments include granting the Department of Basic Education greater authority over school admissions and requiring school governing bodies to submit their language policies for approval by provincial education departments.
These changes have drawn criticism from opposition groups, notably the Democratic Alliance (DA) and the trade union Solidarity, who argue that the Act diminishes the autonomy of school governing bodies and threatens mother-tongue education. Despite this opposition, the Act was passed by the National Assembly in May 2024, receiving 223 votes in favor and 78 against.
To address these concerns, a clearing house mechanism was established, involving members of the Government of National Unity (GNU), including the DA, Freedom Front Plus (FF-Plus), GOOD party, and the African National Congress (ANC). This task team reviewed the contentious aspects of the Act, ultimately reaching a consensus to support its full implementation. Subsequently, President Ramaphosa issued a proclamation to bring the Act into effect.
Basic Education Minister Siviwe Gwarube, a DA member, will lead the development of regulations to guide the Act’s rollout. The DA has highlighted this as a significant achievement, expressing confidence that Gwarube will safeguard school autonomy and uphold constitutional rights to mother-tongue education.
However, skepticism persists among education experts. Political analyst Professor Lesiba Teffo questions whether the Act will sufficiently elevate African languages, which have long been marginalized compared to English and Afrikaans. Teffo contends that efforts to promote African languages may be too late to enact meaningful change.
In addition to language policy and governance reforms, the BELA Act introduces other notable measures. These include making Grade R the new compulsory starting age for school, ensuring undocumented children have the right to basic education, enhancing oversight of school governing bodies, reinforcing the prohibition of corporal punishment, and imposing penalties for unjustifiably preventing a child from attending school.
As the Act moves toward full implementation, the Department of Basic Education plans to draft detailed regulations, policies, and standards. These will undergo public consultation to ensure alignment with the interests of learners and stakeholders nationwide. The process is expected to take several months before the Act is fully enforced.
South Africa now watches closely as this landmark legislation begins to reshape the country’s educational landscape.
