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Following the enactment of the Basic Education Laws Amendment (BELA) framework, Basic Education Minister Siviwe Gwarube has officially gazetted additional draft regulations under the South African Schools Act, 1996 (SASA) for a 30-day public commentary period. These draft regulations govern three fundamental pillars of the public schooling ecosystem:

Establishes national standards for School Governing Body (SGB) elections, introducing formal regulations for e-voting/e-elections, strict voter roll requirements, standardised handover documentation, and Head of Department (HoD) powers regarding SGB dissolution.

    • National Framework: Replaces fragmented provincial rules with a single national election standard for SGBs.
    • E-Elections Introduced: Schools with requisite technical capacity can opt for remote or station-based digital voting (e-voting).
    • Strict Operations: Standardises voter rolls, formal handover requirements, bank signatory transfers, and HoD intervention powers in dysfunctional SGBs.

Prohibits unauthorised payments or financial benefits to state-employed educators and staff, requiring mandatory prior written application (Form 1) and HoD approval before an SGB can pay teachers for additional duties like extra classes, sports coaching, or cultural activities.

    • Prior Written State Approval: SGBs can no longer pay state-employed teachers or administrative staff extra stipends or bonuses without advance written approval (Form 1) from the provincial Head of Department (HoD).
    • 3-Month Approval Window: The HoD has up to 3 months to approve or reject the SGB’s application.
    • Prohibited Payments: Prohibits double-dipping during contractual hours, raw cash bonuses, or informal school fee waivers as payment.

Sets binding minimum physical space, accessibility, ICT, security, and sanitation standards for Provincial Teacher Development Institutes (PTDIs) and District Teacher Development Centres (DTDCs).

    • Baseline Standards: Establishes mandatory spatial norms, universal disability accessibility, backup power solutions (solar/generators), ICT labs, and 24-hour security fencing at Provincial Institutes and District Centres.
    • Sanitation Mandate: Explicitly bans plain pit latrines and bucket toilets at all state teacher development facilities.

Questions and answers

The BELA Act updated key provisions of the South African Schools Act (SASA) to strengthen governance, financial oversight, and equitable access across public schools. These draft regulations provide the operational rules to enforce those statutory changes on the ground.

The notice introduces three approved election methods: the traditional Meeting Method (in-person single meeting), the Day Method (manual polling station open for at least 12 hours), and the E-Election Method (remote or station-based digital voting). SGBs choosing e-voting must conduct a documented technological readiness assessment and ensure data protection under POPIA.

SGBs cannot pay state-employed teachers or administrative staff any money, bonus, or benefit-in-kind for extra work (e.g., afternoon sports coaching, weekend extra lessons) without prior written authorization from the provincial HoD. The SGB must submit an official Form 1 along with the school’s adopted Section 38A policy and educator consent.

The provincial HoD has up to three (3) months from receipt of the application to approve or reject it in writing, providing full reasons if rejected. If an application is rejected or ignored after three months, the SGB has the right to appeal to the provincial MEC within 14 days.

The regulations prohibit double-dipping (paying state staff extra money for duties performed during standard contractual hours), raw cash payments, informal school fee waivers as compensation, or lump-sum bonuses not tied to hourly time tracking and quarterly performance reports.

They establish binding spatial norms (e.g., minimum 1.5m²–2m² per teacher in training labs), 21st-century print/digital libraries, ICT facilities, 24-hour security fencing (minimum 1.8m), alternative backup power (solar, generators, wind), accessible facilities for persons with disabilities, and an absolute ban on plain pit latrines or bucket toilets.

Submissions on SGB Elections go to SGBElections@dbe.gov.za, Section 38A payments to Section38A@dbe.gov.za, and Teacher Development to TeacherDevelopment@dbe.gov.za. Submitting via DearSouthAfrica.co.za dispatches individual legal comments directly to these official DBE desks under PAJA.

The draft regulations (notice 7795)

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The draft regulations (notice 7796)

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The draft regulations (notice 7797)

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The draft regulations (notice 7798)

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