Basic Education Minister Siviwe Gwarube has published new draft regulations and a related draft notice for public comment to implement the Basic Education Laws Amendment (BELA) Act.

The BELA Act was signed into law by President Cyril Ramaphosa in September 2024.

The latest proposals cover school governing body elections, payments to state-employed staff, teacher development facilities and the National Education Information System.

New ways to elect school governing bodies

The first draft regulation proposes three methods for electing School Governing Body members.

Schools could hold a traditional in-person voting meeting, conduct voting on a designated election day or use secure online voting where suitable technology and security measures are available.

The proposals are aimed at providing clearer processes for governing body elections.

Unauthorised staff payments targeted

Another draft regulation would prevent schools from informally paying state-employed teachers or other employees for additional work.

Where a governing body wants to compensate an employee for legitimate extra duties, payments would need to take place through an official process with appropriate oversight.

A separate proposal focuses on teacher development facilities.

It aims to ensure teachers have access to functional, safe and inclusive training centres where they can improve their professional skills.

Education data system also proposed

The fourth proposal deals with the National Education Information System.

It sets out a framework for collecting and managing information on learners, teachers, classrooms and other school resources.

The system is also intended to help direct support towards schools and communities with the greatest needs.

Gwarube said implementation of the BELA Act must be lawful, responsible and practical, while giving schools and education officials clear guidance.

Concerns raised over centralisation

Solidarity Research Institute education researcher Johnell Prinsloo warned that the proposals could increase state control over public schools and reduce the practical authority of governing bodies.

Solidarity Teachers’ Network head Johan Botha also called for greater clarity around funding, accessibility and digital alternatives for teacher development.

The Department of Basic Education is inviting parents, teachers, learners, governing bodies, unions, education organisations, faith-based groups and other members of the public to comment.

Submissions will be reviewed before the regulations are finalised.