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SADTU Slams Bela Act Draft Regulations, Warns of Risk to Education Reform
The long-awaited Basic Education Laws Amendment Act, better known as the Bela Act, has barely taken effect, and already controversy surrounds it. In September 2025, the South African Democratic Teachers’ Union (SADTU) sharply criticised draft regulations published by the Minister of Basic Education, warning that they could weaken the reforms that Parliament approved after more than a decade of public consultation.
A Decade of Work on the Line
The Bela Act was passed to bring greater clarity to school governance, ensure consistency in admissions, and strengthen accountability for both governing bodies and provincial departments. SADTU reminded the public that it took over ten years of discussions, hearings, and negotiations before the Act became law. For educators and communities, it represented a significant achievement after years of uncertainty in school policy.
SADTU now argues that this progress is at risk. By issuing regulations that appear to go beyond the scope of the Act, the union believes the minister is attempting to amend legislation indirectly.
Union Raises the Alarm
According to SADTU, the department first tried to introduce guidelines that lacked legal force. When that failed, draft regulations followed. These were supposed to cover eight key areas, but only two were published for public comment. The union views this as a piecemeal approach that confuses the process and makes it difficult to properly align the regulations with the Act as a whole.
SADTU also warned that several of the proposed rules cross into areas that are the responsibility of other ministries, while some fail to reflect Constitutional Court judgments on the right to basic education. The concern is that regulations should support legislation rather than alter it.
Legal and Constitutional Tension
The union’s position is clear: regulations cannot rewrite an Act, introduce requirements not approved by Parliament, or undermine the purpose of the law. SADTU urged the Minister to uphold the principle of legality and ensure that the Bela Act is implemented faithfully, in line with the Constitution and court rulings.
The Department’s Response
The Department of Basic Education has defended its process. Spokesperson Lukhanyo Vangqa confirmed that the draft regulations were vetted by the Office of the Chief State Law Advisor, which found them to be constitutionally sound and consistent with the Bela Act.
Why This Debate Matters
This clash reflects deeper tensions in South Africa’s education system. Teachers’ unions want stability after years of negotiation, while the department insists that regulations are needed to put the Act into action. At stake is public trust in how education reform is rolled out, as parents and teachers look for meaningful improvements in schools rather than political disputes.
With the regulations now open for public comment, the next few months will be decisive. Whether government and educators can find common ground will determine if the Bela Act fulfils its promise or becomes mired in ongoing conflict.
Also read: Inside Ekurhuleni’s Missing R2 Billion: What the Mayor Revealed
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Source: IOL
Featured Image: Jacaranda FM
