The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The Portfolio Committee on Basic Education today welcomed progress in implementing the Basic Education Laws Amendment (BELA) Act but raised concerns about translation and other language policy issues, as well as the inclusivity of public participation in the development of regulations.
 
On Tuesday, the committee received a comprehensive briefing from the Department of Basic Education on the status of the BELA regulations, the readiness of provinces for the 2026 school year, the broader transformation of language and admissions policies in schools, and updates on Grade R and early learning reforms.
 
The Chairperson of the committee, Ms Joy Maimela, said the BELA Act aims to bring greater equality into the education system, to remove barriers in admissions and language policies and to ensure that schools offer a learning environment that is conducive to quality basic education for all learners. “The implementation of the Act and the swift finalisation of the regulations are key focus areas for the committee,” she said.
 
The committee noted with concern that the regulations were translated into only Afrikaans and English, which can hamper meaningful participation from communities. The Chairperson put it to the department that the initial language choice for a bill or regulation is the choice of the executive, not Parliament. The committee noted that the department had relied on guidelines from the Office of the Chief State Law Adviser, which state that regulations should align with the language and content of the principal Act. The South African Schools Act was originally published in English and Afrikaans, and the department explained that it is therefore constrained to use those two languages for the regulations.
 
The committee did not accept this explanation, however. According to Ms Maimela, guidelines are not law and cannot override the Constitution. She noted that South Africa has 12 official languages and the Constitution obliges the state to take practical and positive measures to elevate the status and advance the use of indigenous languages. “Translation choices should support, not undermine, that obligation,” the Chairperson said, noting concerns submitted by civil society that the approach is exclusionary. The organisation Equal Education formally called on the department to translate the draft regulations into other official South African languages, as many communities and schools were unaware of them until civil society intervened.
 
The Chairperson noted that while the department had granted an extension for public comment, it failed to heed requests to broaden translation into other official languages. “If a parent or practitioner cannot read the text, they are effectively excluded from the process, no matter how long the deadline is,” the Chairperson said. Ms Maimela undertook to write formally to the department and to the Office of the Chief State Law Adviser to put on record that civil society’s language and translation concerns were not substantively addressed and to request a more inclusive approach.
 
The Minister of Basic Education, Ms Siviwe Gwarube, acknowledged that the criticism about language and exclusion is valid and that the executive must do better when publishing documents for public comment. While the committee welcomed this, the Chairperson emphasised that improvement must now be visible in practice, particularly as further amendments and regulations are brought forward.
 
The committee also welcomed the data the department presented on language policy and admissions in former Model C schools. Members were informed that early implementation data on the BELA Act’s amendments to school language and admissions policies show gradual but measurable shifts across the system. Of the 19 686 schools reported, including about 1 795 former Model C schools, 274 Afrikaans-medium schools have added English in response to demographic and parental demand and 946 former Model C schools now offer at least one African language. Members also heard that 1 080 schools have submitted revised admissions policies and 1 047 have finalised updated language policies.
 
The Chairperson described this as an important step forward, since the BELA Act aims to dismantle historic barriers in admissions and language policies. The committee, however, noted that the number of former Model C schools that have incorporated African languages remains low and requested a school-level spreadsheet that will allow committee members to see which schools have not yet revised their language policies, identify schools that remain single medium and have not introduced African languages, and understand the reasons provided. The committee believes that such data will support targeted oversight visits and engagement with schools where the pace of change is slow, so that the public can feel the real impact of the BELA Act in expanded access and greater linguistic inclusion.
 
Ms Maimela said, “The law is not an abstract exercise. It must translate into open, inclusive schools that do not use language or admissions policies as a barrier to children’s right to basic education.”

Issued by the Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Basic Education, Joy Maimela