Minister Gwarube opens new BELA draft regulations for public comment
Basic Education Minister Siviwe Gwarube has reaffirmed government's commitment to the responsible and inclusive implementation of the Basic Education Laws Amendment (BELA) Act by publishing four additional draft regulations and a related draft notice for public comment.
The public comment period closes on 5 September.
The publication does not signal the start of the BELA Act's implementation, as the legislation is already in force.
However, the draft regulations are intended to provide greater clarity and consistency on how key provisions of the law should be applied across South Africa's basic education sector.
The draft instruments focus on four key areas, which are the election and functioning of School Governing Bodies (SGBs), additional remuneration for state-employed educators performing approved extra duties, minimum norms and standards for teacher development institutes and centres, and the National Education Information System.
According to the Department of Basic Education, the regulations are designed to strengthen governance, improve accountability, support teacher development and enhance the management and protection of education data.
One of the key proposals introduces a common national framework for School Governing Body elections.
Schools would be able to choose between three voting methods.
A traditional election meeting, voting throughout a designated election day, or secure electronic voting where the necessary systems and safeguards are in place.
Another set of draft regulations outlines the circumstances under which school governing bodies may compensate state-employed educators and other qualifying employees for genuine additional work. The proposed rules emphasise that such payments cannot be made informally and must be subject to appropriate oversight.
The draft regulations also seek to establish minimum standards for Provincial Teacher Development Institutes and District Teacher Development Centres, ensuring teachers have access to safe, functional and inclusive professional development facilities.
In addition, the proposed National Education Information System regulations aim to create a structured framework for collecting, verifying, storing, protecting and using education information to improve planning and resource allocation across the sector.
Minister Gwarube stressed that while public consultation is an important part of the legislative process, it does not halt the implementation of the BELA Act.
"The BELA Act is law, and its implementation is continuing. Our responsibility is to ensure that implementation is lawful, responsible and workable, and that the schools, governing bodies and education officials who must give effect to the law have clear and practical guidance.”
She said the publication of the draft regulations reflects government's commitment to transparency and meaningful public participation.
"Public consultation is an important part of that process. These draft regulations and the related notice will support greater certainty and consistency across the sector, while giving the sector a meaningful opportunity to help improve the proposals before they are finalised,” said Gwarube.
The Minister added that effective implementation requires practical regulations that promote certainty, consistency and accountability while remaining responsive to constitutional values and public input.
Members of the public, including parents, teachers, learners, SGB, unions, education organisations, faith-based organisations and civil society groups, are encouraged to submit written comments within 30 days of publication in the Government Gazette.
Once the consultation process concludes, the Department of Basic Education will consider all submissions before finalising the regulations.
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