By Lehlohonolo Lehana.
Minister of Basic education Siviwe Gwarube has gazetted two sets of draft regulations under the Basic Education Laws Amendment (Bela) Act for public comment.
These are the first draft regulations to be published since the law came into effect last year.
The bill was signed into law by President Cyril Ramaphosa in September 2024.
The publication follows months of deliberation and mounting pressure from Parliament’s Portfolio Committee on Basic Education, which had called on Gwarube to finalise and publish the 10 regulations required to operationalise the law.
Among the key provisions in the newly released regulations is a clause on school capacity, which states that from Grade 1 to Grade 12, there must be one teacher to a maximum of 40 learners.
According to the draft regulations on school capacity, a Grade 1 to 12 classroom has a size of at least 48 square metres and an average area of one square metre per pupil, which means that the capacity of the classroom is 40 pupils.
Grade R classrooms, which are about 60 square metres, can accommodate 30 pupils.
Gwarube said this is aimed at strengthening the governance, equity and quality of education for the country’s 13.5 million pupils.
“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.
She said the Act seeks to ensure that the regulations are implemented to uphold pupils’ rights, enhance school functionality, and maintain the balance of powers and functions between School Governing Bodies and the department.
Gwarube said further regulations would be released for public comment once they were legally vetted and approved.
Public submissions on the current draft regulations will be accepted for 30 days, closing on 5 September. Comments can be submitted through the department’s website.