Africa-Press – South-Africa. Basic education minister Siviwe Gwarube has gazetted two sets of draft regulations under the Basic Education Laws Amendment (Bela) Act for public comment.
The regulations on school admissions and school capacity were published in Government Gazette Nos 53119 and 53120 on August 6, marking a major step in implementing the act, which came into effect on December 24.
“These regulations are instruments that will affect how schools are governed and managed, how children are admitted and how our values as a society are reflected in our education system,” said Gwarube.
“I call on South Africans, including parents, teachers, school governing bodies, civil society, education experts, and community members to participate in this public comment process. Your voice matters.”
The draft admission of pupils to public schools regulations aim to ensure fair, inclusive and transparent admission processes in all provinces. According to the gazette, these regulations apply uniformly to all departments and all state schools.
Key provisions include:
the head of department must co-ordinate admission and issue an annual admissions management plan;
all pupils of compulsory schoolgoing age must be prioritised;
admission policies must be “rational, fair and take into account the best interest of pupils”;
pupils may not be refused admission based on race, nationality, gender, disability, religion or inability to pay school fees;
schools must admit undocumented pupils and assist parents in acquiring necessary documentation; and
pupils with special education needs must be accommodated “where this is reasonably practicable”.
The regulations also outline documentation requirements, immunisation protocols and the rights of parents to appeal admission decisions.
The second set of regulations, titled “Minimum Uniform Norms and Standards for Capacity of Ordinary Public Schools”, provides formulas and standards for determining how many pupils a school can admit. These are designed to “maximise the use of learning spaces in ordinary public schools and ensure all classrooms in schools are used effectively and thus safeguard against overcrowding”.
The regulations include;
grade R classrooms must be at least 60m2, accommodating up to 33 pupils;
grade 1-12 classrooms must be 48m2 with a maximum of 41 pupils;
specialist classrooms (such as laboratories and libraries) are excluded from capacity calculations; and
schools must adhere to pupil-teacher ratios: 30:1 for grade R and 40:1 for grades 1-12.
These regulations also take into account curriculum offerings, infrastructure and community demographics when determining school capacity.
The department will launch a national awareness campaign to ensure stakeholders understand the regulations and can make informed submissions. Written comments must be submitted by September 5.
Further regulations under the act will be released in phases to avoid delays.
“These regulations mark a significant milestone in the responsible and inclusive implementation of the Bela Act,” said Gwarube.
“They are designed to uphold learners’ rights, enhance school functionality and maintain the careful balance of powers and functions between school governing bodies and government.”
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