BELA Regulations Gazette: Now Time for Principled Implementation and Provincial Accountability

Dear Editor

The Democratic Alliance (DA) welcomes the gazetting of two sets of draft regulations under the Basic Education Laws Amendment (BELA) Act for public comment.

These include:

1. Draft School Admissions Regulations, and
2. Draft Regulations on the Determination of School Capacity.

This marks a critical milestone in the journey from policy adoption to practical implementation, and we are encouraged that this process has been led with urgency, transparency, and care by the Minister of Basic Education, Siviwe Gwarube.

Throughout the entire process, the Minister has provided much-needed clarity for schools, school governing bodies (SGBs), provinces, and the broader public.

Unlike previous approaches under the ANC, which were often marred by poor communication and vague directives, Minister Gwarube has ensured that the regulations are not only legally sound but practically accessible.

Equally important is the Minister’s assurance that admission policies will not be unilaterally altered by the Department. Instead, any such changes must follow a fair, regulated process. This approach strikes the right balance between upholding the constitutional rights of learners and respecting the autonomy of SGBs – a principle the DA has consistently defended.

By creating space for training, planning, and communication, the Minister is helping to ensure that no learner is left behind and that implementation is undertaken in the best interest of all learners.

While we support the direction and tone set by the Minister, we remain concerned about whether all provinces are equally ready and willing to implement the BELA regulations with integrity.

The DA has consistently raised concerns about governance, capacity, and performance in provinces like the Northern Cape, Limpopo, and Eastern Cape, where underperformance is systemic and support mechanisms remain weak. The real work lies in ensuring that these regulations do not become paper promises but translate into meaningful change at school level.

The gazetting of these draft regulations opens a public participation process, and the DA urges all stakeholders; including parents, educators, SGBs, civil society, and the broader public to make their voices heard.

As a key partner in the Government of National Unity (GNU), the DA will monitor provincial readiness and roll-out, advocate for support to underperforming regions, and continue to stand for accountable, learner-centred education delivery.

We congratulate the Minister and her Department on this milestone. This is what responsive and responsible governance looks like.

Regards

Dr Delmaine Christians MP
DA Spokesperson on Basic Education