Teachers’ unions silent as Gwarube’s BELA regulations deadline looms

BELA Act

Cape Town – None of the major teachers’ unions have responded to the proposed regulations, introduced by the Minister of Basic Education, Ms Siviwe Gwarube, under the Basic Education Laws Amendment (BELA) Act, despite the September 5th deadline drawing near.

According to the South African Government, the regulations came into effect on December 24, 2024, with the aim of ensuring that the BELA Act is implemented in a way that protects learners’ rights and enhances school functionality.

Gwarube emphasised the importance of these regulations and invited the public to submit written comments by September 5, giving education stakeholders and communities an opportunity to help shape the future of basic education.

“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.

“I call on all South Africans, including parents, teachers, school governing bodies, civil society, education experts and community members to participate meaningfully in this public comment process. Your voice matters.

“Let it be heard in shaping the policies and regulations that govern the education of your children,” said Gwarube.

According to The Citizen, some members of the public are using the DearSA website to submit their input, while Sadtu and Naptosa have indicated that they will provide comprehensive comments at a later stage.

Basil Manuel, executive director of Naptosa, confirmed that teachers’ unions were involved in finalising the draft regulations and had been consulted by the Department of Basic Education.

“We are working on our response, but the fact that we were part of the drafting process doesn’t mean we agree with everything that has been published around the admissions and capacity.

“We are just happy that the regulations were published at all, but we are worried about the passage of time without the other regulations being made public,” the report quoted Manuel as saying.

The union said it would hold a webinar on August 27 or 28 to finalise its position before making an official announcement.

SADTU’s general secretary, Mugwena Maluleke, added that they would await advice from their lawyers before issuing a response.

In a statement issued a few weeks ago, Sadtu said it opposed the regulations, arguing that they were an attempt to sow confusion, delay the implementation of the Act, and advance the DA’s political agenda against the full enforcement of Sections 4 and 5.

“SADTU will exercise extreme vigilance to ensure that the regulations align strictly with the letter and spirit of the BELA Act.

“The Union is committed to safeguarding the constitutional right of every learner to access quality education and will oppose any provisions that could undermine this right.

“The Union is currently studying the draft regulations and will submit formal comments on or before the deadline of 05 September 2025 as per the Basic Minister’s invitation,” said SADTU.

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