CAPE TOWN – Tensions are rising within the corridors of Parliament as the Basic Education Committee takes aim at Education Minister Siviwe Gwarube, accusing her of undermining the smooth implementation of the Basic Education Laws Amendment (BELA) Act. In a strongly worded statement, committee chairperson Joy Maimela said that Parliament criticises Gwarube for releasing only two out of ten critical regulations needed to fully enforce the controversial legislation.
The BELA Act, which aims to transform admission policies and address language disparities in South African schools, has been under intense public and political scrutiny since the formation of the Government of National Unity (GNU). Now, the delayed rollout of supporting regulations is adding fuel to the fire.
Gwarube Accused of Derailing Implementation
Speaking during a committee briefing at Parliament on Thursday, Maimela said the piecemeal publication of the regulations has caused “confusion” across the education sector, and risks delaying meaningful change in schools.
“If you release them in two sets, for us, you are actually trying to derail the implementation of the act in its totality,” said Maimela. “It creates unnecessary confusion among stakeholders and opens up space for misinterpretation.”
Her comments follow the decision by Minister Gwarube to publish only two draft regulations — those dealing with school admissions and school capacity — for public comment. These were released two weeks ago and were expected to guide the transitional process in schools ahead of the act’s full implementation.
However, Maimela and other committee members say Parliament was under the impression that all ten supporting regulations would be released together by the end of June.
One of the most contentious aspects of the BELA Act relates to school admission policies and feeder zones, which the legislation seeks to reform in order to foster greater inclusivity and access to quality education across all communities.
However, Maimela suggested that the current draft regulations — particularly those dealing with admissions — may undermine the intention of the law.
“The regulations around feeder zones potentially reinforce local demographic homogeneity, which contradicts the inclusive spirit of the BELA Act,” she said.
The committee fears that unless feeder zone regulations are carefully crafted, they may allow certain schools to continue excluding learners from outside their immediate geographical areas — an issue that the BELA Act was explicitly designed to tackle.
The broader criticism from Parliament isn’t just about the content of the regulations — it’s also about the lack of transparency and communication from Minister Gwarube’s office.
Several MPs have voiced frustration that the Department of Basic Education did not consult the committee adequately or provide a timeline for when the remaining eight regulations would be released.
“This committee has a constitutional obligation to oversee the implementation of laws passed by Parliament. The Minister’s decision to only release partial regulations undermines that process,” said one committee member.
In response to the backlash, Minister Siviwe Gwarube told Eyewitness News (EWN) earlier this month that her department had exercised due diligence and that the two released regulations represented work that had undergone extensive expert consultation.
“These regulations were not drafted in haste. Experts have worked on them meticulously, and we believe releasing them for public comment now allows for focused engagement on key aspects,” Gwarube said.
However, she did not provide a clear timeline for when the remaining eight regulations — which cover areas such as language policy, school governance, and safety protocols — would be made available.
The BELA Act has been described by many as a political hot potato within the GNU, with differing views emerging among coalition partners regarding the pace and scope of education reform.
While President Cyril Ramaphosa has publicly backed the Act, recently stating it would be implemented “whether people like it or not,” some within government fear it may be implemented unevenly if the foundational regulations remain fragmented or incomplete.
The Basic Education Committee is expected to formally write to Minister Gwarube, requesting an urgent update on the timeline for the publication of the outstanding regulations. Parliament has also signalled that it may call the Minister to account in a special hearing if clarity is not provided soon.
As South Africa moves toward a new era in education policy, the tension around the BELA Act is unlikely to subside — especially as Parliament criticises Gwarube for her handling of what should have been a coordinated and transparent rollout of regulations.
Source- EWN
