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BELA Act: Full Implementation Raises Debate and Concerns

Neelam Rahim | neelam@radioislam.co.za
3-minute read |

23 December 2024 | 15:13 CAT

BELA Act implementation sparks debate among South Africa’s government and NGOs. (Image/ news note)

The full implementation of the Basic Education Laws Amendment (BELA) Act, signed into law by President Cyril Ramaphosa, has sparked widespread debate across South Africa. The Act, particularly its contentious clauses on language and school admission policies, has drawn criticism from political parties and civil society groups.

Despite being signed in September, Federation of Governing Bodies of South African Schools (FEDSAS) CEO Jaco Deacon highlighted that the Act has yet to be fully promulgated in the government gazette. “The legislative process has spanned more than seven years, involving consultations, emotions, and even court threats. Now, we have finality,” he said during an interview with Radio Islam International.

The Act formalizes Constitutional Court rulings on school admissions and language policies but leaves room for further debate. While school governing bodies retain decision-making powers, the Department of Basic Education can intervene under due process. This balance aims to streamline contested areas such as language and admissions, but concerns remain over its practical implications.

“Mother-tongue education is vital for quality learning,” Deacon noted. “Yet, language policies stir strong emotions and will likely remain contentious.” Regulations for 2025 aim to address these challenges, providing clearer norms and standards for school capacity and admissions.

Afrikaans schools in Gauteng are particularly apprehensive. Deacon revealed that provincial authorities have previously targeted Afrikaans-medium schools and might leverage the BELA Act to continue these efforts. However, he stressed that the root issue lies in insufficient school infrastructure. “Over the past decade, Gauteng has added only five new schools, an inadequate response to the province’s growing educational demands.”

Education Minister Siviwe Gwarube has initiated consultations to refine regulations governing the Act. Public commentary on draft regulations is expected early next year, with implementation likely in the latter half of 2025.

The BELA Act’s rollout marks a significant shift in South Africa’s education landscape. As stakeholders prepare for its implications in the upcoming school year, debates over language, admissions, and capacity will continue shaping the country’s educational future.

Listen to the full interview on Radio Islam’s podcast with  Muallimah Annisa Esscak and FEDSAS CEO Jaco Deacon here.

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