School admissions and classroom capacity: Public comment opens on key BELA Act regulations

Zain Johnson (standing in for CapeTalk and 702's Africa Melane) chats to General Secretary of the National Association of School Governing Bodies (NASGB), Matakanye Matakanya.

Listen below:

The Department of Basic Education has released the first two sets of draft regulations under the Basic Education Laws Amendment Act (BELA Act) for public comment, marking an important step in implementing the legislation. 

These regulations, gazetted on 6 August 2025, focus on school admissions and classroom capacity.

In terms of school admissions, it's recommended that the final say on learner admissions lies with the Head of Department (HOD), not the school governing body (SGB).

"We don't really have a problem with that; we feel it is transformational. There are terrible things that have happened in the system of education in this country, therefore we have to continuously break them down so that finally we are equal..."

- Matakanye Matakanya, National Association of School Governing Bodies

For classroom capacity limits, it's suggested that there be a maximum of 30 learners per teacher in grade R, and for grades 1 to 12, a maximum of 40 learners per teacher.

"You find a class in the poorest of the poor schools... instead of being 40 or 30, it's 90 students in a class for one teacher. We have been complaining about that - this thing is not working for us because these children will not get quality education. A teacher will, during the year, not know all the children in the class."

- Matakanye Matakanya, National Association of School Governing Bodies

Minister Siviwe Gwarube has urged all South Africans to engage with the process, highlighting the public’s role in shaping policies that directly impact how schools operate. 

She has called on parents, educators, civil society, and experts to make meaningful submissions.

The draft regulations are available on the Department of Basic Education’s website
and Government Gazette numbers 53119 and 53120.

The public has until 5 September 2025 to submit comments. 

A national awareness campaign is underway to help stakeholders understand the content and make informed contributions.

Scroll up to listen to the full conversation.