Cape Town – Free SA today welcomes the Department of Basic Education’s newly issued Guidelines for the Implementation of the 2024 Amendments to the South African Schools Act. Just in time for Youth Day, these guidelines reflect a meaningful and commendable effort by Minister Siviwe Gwarube and her team to incorporate constitutional principles, public participation, and the autonomy of school governing bodies (SGBs) into the interpretation and application of the Basic Education Laws Amendment Act (BELA).
In January 2025, Free SA submitted a detailed memorandum to the Minister outlining our concerns regarding the centralisation of power under BELA and the erosion of democratic school governance. Accompanying this memorandum was a set of draft mitigatory regulations designed to uphold the principles of cooperative governance, parental participation, and transparency, cornerstones of our democratic education system.
Free SA is pleased to note that many of our key recommendations have found expression in the final guidelines:
- The guidelines provide a detailed framework for the assessment of school admission and language policies, echoing Free SA’s call for clear, objective, and constitutionally compliant standards.
- In line with Free SA’s submissions, the guidelines affirm that SGBs cannot be dissolved or stripped of functions without a documented failure, due process, and an opportunity for rectification.
- The Department has adopted Free SA’s insistence on robust community consultation, including notice-and-comment procedures and public hearings for major policy changes, especially those related to language of instruction.
- The introduction of time-bound appeal procedures for SGBs and parents mirrors our proposal for a fair and accessible mechanism to challenge provincial decisions.
“Free SA commends Minister Gwarube for her leadership and responsiveness. By anchoring these guidelines in the Constitution and administrative justice, she has taken a vital step in protecting the democratic ethos of South African schooling.” said Reuben Coetzer, spokesperson at Free SA.
While these are interim guidelines and not yet binding regulations, they set an encouraging precedent for how BELA can be implemented without compromising the foundational values of our education system. Free SA looks forward to continued engagement with the Department as these guidelines evolve into formal regulations, and will remain vigilant to ensure their faithful application.
