The rollout of the Basic Education Laws Amendment (BELA) Act is running into serious trouble in rural provinces, where scholar transport shortages and community resistance are stalling plans to merge or close small and non-viable schools.
This emerged during the Department of Basic Education’s briefing to Parliament’s Portfolio Committee on Basic Education on Tuesday, as MPs probed progress in implementing the legislation across the country.
A presentation on the Act’s implementation outlined provisions dealing with the establishment of specialised-focus schools and the conditions under which small and non-viable public schools may be merged or closed.
Clause 12 of the BELA Act provides for the establishment of schools of focus, allowing schools to apply for designation as public schools specialising in particular areas of talent.
Clause 12A sets out the conditions under which the merger or closure of small and non-viable public schools can take place.
But the Department conceded that implementation is facing challenges in rural provinces, where a lack of scholar transport and resistance from communities affect the establishment and restructuring of schools.
The presentation also indicated that provinces are expected to work towards annual targets for the number of schools to be established, with the process still requiring further implementation work.
The provisions have direct implications for communities that depend on nearby schools, particularly where the closure or merger of an institution could mean learners having to travel longer distances to access education.
Without reliable scholar transport, learners in rural areas risk being cut off from schooling altogether if their local school is closed or merged with a school kilometres away.
Beyond the structural changes to schools, committee members raised concerns about the practical impact of the legislation on learners, educators and provincial education departments.
Questions were raised about the status of qualified Grade R practitioners in Limpopo after a presentation appeared to show a question mark or dash instead of a figure for the province. A committee member questioned whether this meant there were no qualified Grade R practitioners in Limpopo.
Members also sought clarity on the support available to pregnant learners who are unable to attend school, asking whether they continued receiving education while at home and whether the Department had a plan to facilitate their return to classrooms after pregnancy.
The committee further questioned the position of practitioners who perform similar duties to qualified colleagues but receive lower remuneration because they do not have formal qualifications. Members called for a tangible plan and clear timeframes to address the issue.
The parliamentary engagement forms part of broader oversight of the Act’s implementation, with the committee seeking information on administrative progress, provincial readiness, regulations, funding and the resources required to give effect to the amended legislation.
Among the issues placed before the Department was the need for a detailed breakdown of medium-term budget allocations, estimated infrastructure costs and personnel budgets earmarked for implementation.
The committee also sought information on the regulations still being developed, the guidelines issued to schools and governing bodies, and the compliance benchmarks achieved under individual provisions.
The briefing also addressed Clauses 13 and 14, which deal with public schools situated on state and private property respectively.
Clause 15 recognises public schools as juristic persons with the legal capacity to perform their functions, while Clause 16 distinguishes between the professional management and governance of schools.
Responding to questions about implementation, Minister Siviwe Gwarube said provinces and schools were aware of their responsibilities, particularly regarding admissions and language policies.
Gwarube said the Department had conducted engagements across the country to ensure that provincial education departments were capacitated to implement the legislation.
“You know, largely, schools and provinces are very much aware of what is expected of them,” Gwarube said, referring to responsibilities relating to admissions and language policies.
On the outstanding regulations, Gwarube acknowledged that the process could take time, explaining that regulations sometimes take about two years to finalise. However, the Department had attempted to accelerate the process.
Gwarube also emphasised that the Act had been implementable since it came into force on 24 December 2024, explaining that regulations were intended to provide more detailed guidance on provisions already contained in the legislation.
“As soon as a piece of legislation is enacted, which is the BELA Act, which amended the SA Schools Act, provisions of that legislation are implementable immediately,” she said.
Gwarube added that the Department had not identified instances in which provisions of the BELA Act were simply not being implemented, saying officials had visited provinces and schools to explain how the legislation should be applied.
The Department’s presentation and the committee’s questions placed the practical consequences of implementation at the centre of parliamentary oversight, particularly whether provincial education departments have the resources and capacity to implement the changes without disrupting learners’ access to schooling.
The publication also sought further clarification from the Department of Basic Education on the specific provincial targets, the number of schools affected by proposed mergers or closures, and the measures planned to address scholar transport shortages and community concerns.
Rajaa Azzakanni, a communications officer at the Department, referred Africa Daily to a colleague for further assistance.
However, a response had not been received at the time of publication.