Free SA challenges BELA regulations, demands reforms for community engagement

Civil society organisation Free SA has submitted a formal submission in response to the Department of Basic Education opposing key aspects of the newly proposed BELA Regulations on school admissions and capacity.

The submission outlines serious constitutional, procedural, and governance concerns. Chief among these concerns is the centralisation of decision-making power and the erosion of democratic school governance. 

"These regulations are not about improving education, they’re about consolidating power," said Reuben Coetzer, spokesperson for Free SA. "Parents, communities, and School Governing Bodies are being sidelined by a system designed to override their input without due process or public accountability."

The proposed regulations, issued under the Basic Education Laws Amendment Act (BELA), grant Heads of Department (HoDs) expansive powers to:

• Unilaterally override school admission decisions, even where those decisions comply with legal and capacity requirements;
• Force policy revisions within 90 days based on vague suspicions of non-compliance;
• Redraw feeder zones without meaningful public consultation or transparent criteria;
• Enforce capacity rulings without disclosing the data or methodology used.

Free SA warns that these provisions effectively dismantle the constitutional partnership between communities and the state in school governance. Moreover, the regulations fall far short of the standards for public participation and procedural fairness that are required in a constitutional democracy.

"Transformation in education must be guided by transparency, fairness, and participation, not by secrecy and centralised fiat," Coetzer continued. "If these regulations proceed in their current form, they will undermine trust in the system, reduce accountability, and damage the very communities they claim to serve."

Free SA’s submission proposes several concrete reforms, including:

• Limiting HoD intervention powers to unlawful or irrational decisions;
• Requiring published reasons and independent review mechanisms;
• Introducing compulsory public consultation before zoning decisions;
• Publishing school capacity data and methodologies;
• Extending appeal timelines and enhancing transparency in outcomes.

"Ours are not radical demands, they are the bare minimum for democratic governance in education," said Coetzer. "We urge the Department of Basic Education to withdraw or substantially revise the current draft before it does lasting harm to public trust and institutional integrity."

Free SA remains open to constructive dialogue with the Department and calls on civil society, educators, parents, and learners to join the push for transparent, accountable, and community-led education policy.