How Does the BELA Act Affect School Governing Bodies (SGBs)?

Key Takeaways

• Final Authority Shifts: School Governing Bodies (SGBs) still draft admission and language policies, but these must now be approved by the provincial Head of Department (HOD), who holds the final say.
• Dual-Medium Directives: The HOD can legally instruct a single-medium public school to adopt an additional language of teaching if community demographics demand it, provided the state supplies the resources.
• Compulsory Grade R: SGBs must adapt infrastructure and capacity as Grade R is now legally compulsory. Parents face up to 12 months in prison for keeping school-age children out of the classroom.
• Undocumented Learners: SGBs and principals are legally barred from refusing admission to children whose parents cannot provide official identity documents or birth certificates.
• Strict Financial Oversight: SGB members must formally declare any personal or financial interests in school procurement or hiring, and recuse themselves to prevent corruption.

The Basic Education Laws Amendment (BELA) Act (Act No. 32 of 2024) represents the most dramatic shift in South African education law since the original South African Schools Act (SASA) was passed in 1996. Having officially commenced on December 24, 2024, the BELA Act is now fully enforceable, and its regulations are actively reshaping how public schools operate.

For parents, educators, and community leaders serving on School Governing Bodies (SGBs), the landscape has fundamentally changed. Historically, SGBs enjoyed immense autonomy. They had the power to determine exactly who got into their schools, what language was spoken in the classrooms, and how discipline was enforced.

However, the Department of Basic Education argued that this autonomy was sometimes used to unfairly exclude marginalized learners, maintaining pockets of inequality. The BELA Act was designed to intervene, shifting the ultimate balance of power back toward the provincial government.

If you are currently serving on an SGB or planning to run in the next elections, you must understand your new legal boundaries. In this comprehensive guide, we will break down exactly how the BELA Act affects School Governing Bodies across admissions, language policies, finances, and learner discipline.

1. Admissions Policies: The Shift in Final Authority

Before the BELA Act, SGBs had the near-absolute right to draft and implement their school’s admission policy. While they still retain the responsibility to draft this policy, their ultimate power to enforce it has been drastically reduced.

The Head of Department (HOD) Has the Final Say

Under the amended Section 5 of SASA, the SGB must submit its proposed admission policy (and any future amendments) to the provincial Head of Department (HOD) for formal approval. The HOD now possesses the final authority to admit a learner to a public school.

If an SGB refuses admission to a learner based on its internal policy, the parent can appeal. If the HOD determines that the school has physical space and that refusing the learner constitutes unfair discrimination, the HOD can override the SGB and place the learner in the school. The SGB must review its admission policy every three years, or whenever requested by the HOD.

Protection of Undocumented Learners

A critical update in the BELA Act addresses the admission of undocumented children. SGBs are no longer legally permitted to turn away a learner simply because their parents cannot provide an official identity document, birth certificate, or valid immigration permit. The Act formalizes previous court rulings stating that every child has a constitutional right to basic education, regardless of their documentation status. The SGB and the principal must admit the learner while simultaneously advising the parents on how to apply for the necessary documents.

2. Language Policies: Breaking Down Exclusionary Barriers

The amendments regarding language policies (alongside admissions) were the most fiercely contested sections of the BELA Act, sparking nationwide debates and temporary suspensions for public consultation before being fully enacted.

Previously, SGBs had the exclusive right to determine the language of learning and teaching (LoLT) at their school. In some instances, this was used as a proxy to exclude learners. For example, a single-medium Afrikaans school located in a predominantly isiZulu-speaking neighborhood could refuse to admit local children because they did not speak Afrikaans, forcing those children to travel far distances to overcrowded English-medium schools.

The HOD’s Power to Enforce Dual-Medium Instruction

The BELA Act protects the right to mother-tongue education but prevents language from being used as a barrier to access. SGBs still determine the initial language policy, but it is now subject to the Constitution and the HOD’s approval.

Crucially, the HOD now has the legal authority to direct a public school to adopt more than one language of instruction if it is practicable to do so. When deciding this, the HOD will look at the changing demographics of the community surrounding the school. If an SGB is ordered to adopt a second language of instruction, the Act dictates that the provincial government must take all necessary steps to provide the school with the extra resources required, such as additional teachers and textbooks.

3. Reforming the Code of Conduct and Learner Discipline

The BELA Act demands a much more modern, constitutional approach to learner discipline. For decades, many SGBs enforced rigid, outdated codes of conduct that clashed with the diverse cultural and religious realities of South African learners—often leading to high-profile media scandals over hair policies or traditional attire.

Cultural and Religious Exemptions

SGBs are still legally required to adopt a code of conduct after consulting with learners, parents, and educators. However, the BELA Act explicitly states that this code must take into account the diverse cultural beliefs, religious observances, and medical circumstances of the learners.

Furthermore, the SGB must include a formal “exemption clause” in the code of conduct. This allows a learner or parent to formally apply to the SGB for an exemption from specific school rules (e.g., asking for permission to wear a religious headscarf or a cultural bracelet).

Disciplinary Proceedings

When a learner commits serious misconduct, the SGB’s disciplinary proceedings must now strictly adhere to the principles of natural justice and fairness. The Act mandates that all disciplinary hearings must be age-appropriate and conducted with the best interests of the learner in mind.

The Act also completely reinforces the absolute prohibition of corporal punishment at all school activities and hostels. It explicitly defines corporal punishment as any intentional act that causes pain, physical discomfort, or induces fear and ridicule.

4. Financial Accountability and Conflict of Interest

School Governing Bodies control millions of Rands in school fee budgets and government subsidies. Unfortunately, this financial control has occasionally led to corruption, nepotism, and tender fraud. The BELA Act cracks down on these practices by introducing strict governance laws for SGB members.

Mandatory Declarations of Interest

Before an SGB discusses or makes a decision on recruiting staff, employing an educator, or procuring goods and services, every single member must formally declare any direct or indirect personal or financial interest.

If an SGB member, their family member, a close friend, or a business partner stands to benefit from a school contract (e.g., an SGB member’s brother owns the company bidding to paint the school), that member must immediately recuse themselves and withdraw from the meeting for the duration of the discussion and the vote.

Centralised Procurement

The BELA Act also grants the government the power to implement centralized procurement of identified learning and teaching support material (LTSM). This means the Department of Basic Education can purchase textbooks, stationery, and technology in bulk at a national or provincial level and distribute them to schools. This reduces the SGB’s autonomy in selecting private suppliers but aims to save taxpayer money and ensure standardized quality.

5. Compulsory Grade R and Attendance Monitoring

Historically, compulsory schooling in South Africa started in Grade 1. The BELA Act officially lowers the compulsory school-going age. Every parent must now ensure their child attends school starting from Grade R, on the first school day of the year in which the child turns six.

SGB Infrastructure Responsibilities

This legislative change places immediate pressure on SGBs to review their school’s physical capacity. SGBs must work with the Department to ensure their primary schools have the classrooms, sanitation facilities, and trained practitioners to handle the massive influx of Grade R learners.

Strict Attendance Monitoring

The BELA Act takes learner absenteeism extremely seriously. It is now a criminal offense, punishable by up to 12 months in prison, for a parent or any other person to unlawfully prevent a child of compulsory school-going age from attending school without just cause.

The SGB, alongside the principal and educators, is legally responsible for promoting and monitoring attendance. The SGB must ensure that the school’s code of conduct contains specific rules dealing with punctuality and regular attendance. If a learner is absent for three consecutive days without a valid reason, the school must launch a formal investigation within 24 hours to track the learner down.

Quick Reference: SGB Powers Before vs. After BELA

Area of Governance	SGB Power Before BELA Act	SGB Power After BELA Act (2025 onwards)
Admission Policy	Final authority lay with the SGB.	SGB drafts policy, but HOD approves it and has the final say on admissions.
Language Policy	SGB had sole discretion to determine the language of instruction.	SGB drafts policy, but HOD can force the adoption of an additional language based on community demographics.
Code of Conduct	SGBs could enforce rigid uniform and hair rules with little pushback.	Must include cultural/religious exemptions and be age-appropriate.
Procurement & Tenders	SGBs awarded internal contracts with limited oversight.	Strict declaration of financial interests required; mandatory recusal from votes.
Undocumented Learners	SGBs could refuse admission to children without IDs or study permits.	SGBs are legally forced to admit undocumented learners and assist parents with the paperwork.

Conclusion: A New Era of Co-operative Governance

Understanding how the BELA Act affects School Governing Bodies reveals a clear shift in government philosophy. The state is no longer willing to allow public schools to operate as isolated, independent islands that cater only to specific linguistic, cultural, or financial groups.

While SGBs still play an absolutely vital role in managing school funds, maintaining discipline, and recommending staff for employment, they are now strictly bound by a framework of equity and inclusivity. The provincial Heads of Department act as the final gatekeepers to ensure that no child is unfairly discriminated against based on their language, their religion, or their lack of documentation.

For SGB members, the mandate is clear: your policies must serve not just the parents who voted for you, but the broader constitutional rights of every child in your surrounding community.

Frequently Asked Questions (FAQ)

Does the BELA Act take away all power from the SGB?

No. This is a common misconception. SGBs retain immense power over school fee management, staff recruitment recommendations, infrastructure maintenance, and daily governance. The BELA Act simply introduces checks and balances, requiring SGBs to submit their admission and language policies to the provincial government for final approval to prevent discrimination.

Can the government force an Afrikaans school to teach in English?

Yes, but with strict conditions. Under the BELA Act, the Head of Department (HOD) can direct a single-medium school to adopt a second language of instruction (making it a dual-medium school) if the surrounding community’s demographics require it and it is practicable. However, the HOD cannot order the school to remove its original language; they simply add an additional one. The government must also supply the extra resources needed to make this possible.

What happens if an SGB refuses to change its admission policy?

If an SGB submits an admission policy that unfairly discriminates against learners, the HOD will refuse to approve it. The SGB will be instructed to amend the policy. If the SGB refuses, the HOD has the authority to intervene and place learners in the school directly, and the SGB may face legal action or have its functions formally withdrawn by the state.

Are parents punished if their children skip school under the BELA Act?

Yes. The BELA Act drastically increases the penalty for preventing a child from attending school. A parent who, without just cause, fails to ensure their child (from Grade R to Grade 9 or age 15) attends school can face a fine or up to 12 months in prison. SGBs are required to actively monitor and report this absenteeism.

Does the BELA Act allow schools to change a child’s gender?

No. There is a vast amount of false information spreading online regarding this. The BELA Act focuses purely on education access, language, and school governance. It contains absolutely no provisions regarding medical care, gender identity, or medical transitioning. Such decisions remain strictly between parents, children, and their medical doctors.

Disclaimer: The information provided in this article is for educational and guidance purposes only. The Basic Education Laws Amendment (BELA) Act is a complex legal document. School Governing Bodies, principals, and parents should consult the official Government Gazette or seek independent legal counsel regarding the specific drafting of school policies and regulatory compliance.