The Basic Education Laws Amendment (BELA) Act has been making waves, and now, with new guidelines out from Basic Education Minister Siviwe Gwarube, we’re starting to see how it’ll shape our schools. Released two weeks ago, these guidelines focus on how provinces should implement certain aspects of the Act, particularly regarding school admissions and language policies.

Here’s what you need to know: Grade R is now compulsory, and home-schooling rules have been updated. The guidelines also tackle the hot topic of language at schools, saying that every school must consider its community’s needs, classroom space and nearby school options, with learners’ best interests at the forefront.

Some groups worried previously that Afrikaans might be sidelined, but the guidelines actually promote multilingualism.

We’re still waiting for the formal regulations to be made official, so for now, these guidelines are informative but not legally binding.

That has proved to be a point of contention, though, with teacher unions wondering if the DA-aligned minister is delaying things for political reasons. The DA opposed the bill when it was before parliament. 

SA’s biggest teachers’ union, SA Democratic Teachers Union, slammed the idea of guidelines as a “political gimmick”. They’ve urged members who serve on school governing bodies to ignore the guidelines. The National Professional Teachers’ Organisation of South Africa welcomed the clarity on admissions but criticised the rushed consultation process and lack of legal weight, also pushing for finalised regulations. 

Both unions say the act empowers the minister to craft regulations, not guidelines.

The EFF has called for immediate implementation, saying delays are “politically motivated”.  

explain spoke with Legal researcher Emihle Majikija from SECTION27, who says the guidelines are helpful as they provide practical ways for schools to set fair policies. However, she’s concerned about under-resourced schools and whether they can truly deliver on this vision without additional support.

At the heart of the BELA Act guidelines is a push for fairness, inclusivity, and safer schools. Let’s just hope the minister and all stakeholders involved iron out the kinks and finalise the bill’s implementation soon. 

Read the full article here.

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