MEDIA STATEMENT
04 September 2025
SADTU submits its comments on Bela Act draft regulations
The South African Democratic Teachers’ Union (SADTU) has noted with great concern the published Bela Act draft regulations issued by the Minister of Basic Education for public comment.
SADTU reminds the public that the amendments to the Basic Education Laws were informed, among other reasons, by the need to ensure clarity on the roles and responsibilities, create consistency in the admission of learners to public schools, and ensure improved financial and public accountability for governing bodies and provincial departments.
It has taken over 10 years of exhaustive consultations and public participation before Parliament passed the Basic Education Laws Amendment Act. The parliamentary process itself was thorough and culminated in an agreed text of the Bill.
Prior to issuing the draft regulations, the Minister issued guidelines which have no legal standing, in an attempt to effectively amend the Act through the backdoor.
When this approach failed, she initiated the process of drafting the regulations. As part of developing regulations, the Minister established Task Teams and SADTU participated in these Task Teams with other stakeholders to contribute to the process.
The regulations were to cover eight areas. However, the Minister published draft regulations on only two areas, thereby adopting a piecemeal approach clearly intended to cause confusion. It will be difficult to deal with regulations on a piecemeal basis as they must be aligned and read together.
After evaluating the draft regulations, SADTU has concluded that the Minister remains opposed to BELA and remains hellbent to amend the Act using regulations which, in law, are subordinate to the Act. Regulations cannot be used to change the text of the Act, impose requirements not provided for in the Act, or undermine the purpose and intent of its provisions.
It is clear that the Minister pays lip service to the principle of legality which is the cornerstone of our constitutional democracy. The principle of legality means that the Minister cannot exercise the powers she does not have in law. Several of the draft regulations are outside the powers of the Minister.
The Minister has encroached on the functional and legal areas of other Ministers. Among others, she seeks to regulate matters already regulated by the Ministers of Home Affairs and Public Administration. These Ministers have already made regulations in terms of the empowering legislation they administer.
The Minister has also made it clear through these draft regulations that she has no regard for the various court judgements dealing with various aspects of the right to basic education. In several instances, the draft regulations do not align with these judgements despite the fact that BELA was drafted to bring the law in line with them.
SADTU urges the Minister to respect the principle of legality, uphold Constitutional Court rulings, and ensure that the BELA Act is implemented faithfully, in the best interests of learners and in accordance with the Constitution.
ISSUED BY: SADTU Secretariat