# summary - Link: https://dearsouthafrica.co.za/bela-regulations/summary/ - Published: 2026-08-09T12:39:01+02:00 - Author: dearSA _Advert_ _Advert – scroll down_ [ have your say](https://dearsouthafrica.co.za/bela-regulations/#havasay) 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: [SGB Elections & Governance Notice (Notice 7797)](https://dearsouthafrica.co.za/bela-regulations/summary/#1738150189952-44103674-e29d31d9-c3be5520-2543e042-62b7) 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. [Section 38A Remuneration Regulations (Notice 7796)](https://dearsouthafrica.co.za/bela-regulations/summary/#1738150189975-5d0623dc-47dc31d9-c3be5520-2543e042-62b7) 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. [Teacher Development Institutes & Centres Norms (Notices 7795 & 7798)](https://dearsouthafrica.co.za/bela-regulations/summary/#1738150854013-bb98f5fb-7d0931d9-c3be5520-2543e042-62b7) 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_ [Why were these specific draft regulations published?](https://dearsouthafrica.co.za/bela-regulations/summary/#1763554389233-fdb8fee6-6da45520-2543e042-62b7) 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. [How do the draft regulations change SGB elections (Notice 7797)?](https://dearsouthafrica.co.za/bela-regulations/summary/#1763554389265-aa09206a-77665520-2543e042-62b7) 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. [What is the impact on paying teachers for extra work under Section 38A (Notice 7796)?](https://dearsouthafrica.co.za/bela-regulations/summary/#1763554389298-fbc55a3c-817c5520-2543e042-62b7) 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. [How long does the state have to approve or reject Section 38A pay applications?](https://dearsouthafrica.co.za/bela-regulations/summary/#1771840733358-e4b2d08e-b226e042-62b7) 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. [What payments are explicitly prohibited under Section 38A?](https://dearsouthafrica.co.za/bela-regulations/summary/#1771840767171-e194ee95-bf82e042-62b7) 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. [What standards do Notices 7795 & 7798 set for Teacher Development Centres?](https://dearsouthafrica.co.za/bela-regulations/summary/#1786272071591-d225b1cd-547d) 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. [Where are public comments sent?](https://dearsouthafrica.co.za/bela-regulations/summary/#1786272099107-7ec91930-6b2a) 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) ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/08/09131057/55155-6-8-BasicEducation-1.pdf) [Download [388.93 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/08/09131057/55155-6-8-BasicEducation-1.pdf) The draft regulations (notice 7796) ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/08/09131228/55155-6-8-BasicEducation-2.pdf) [Download [411.85 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/08/09131228/55155-6-8-BasicEducation-2.pdf) The draft regulations (notice 7797) ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/08/09131337/55155-6-8-BasicEducation-3.pdf) [Download [1.00 MB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/08/09131337/55155-6-8-BasicEducation-3.pdf) The draft regulations (notice 7798) ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/08/09131407/55155-6-8-BasicEducation-4.pdf) [Download [386.06 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2026/08/09131407/55155-6-8-BasicEducation-4.pdf) ### _In the News_ - InsideEducation — [Gwarube publishes three draft BELA regulations and SGB notice for public comment](https://insideeducation.co.za/gwarube-publishes-three-draft-bela-regulations-and-sgb-notice-for-public-comment/) - eNCA — [Bela Act| Expert says regulations don’t address issues in teacher support](https://www.enca.com/news/bela-act-expert-says-regulations-dont-address-issues-teacher-support) - Jacaranda FM — [Minister Gwarube opens new BELA draft regulations for public comment](https://www.jacarandafm.com/news/news/gwarube-opens-new-bela-draft-or-public-comment/) - Voice of the Cape — [BELA Act regulations on school admissions and capacity open for public comment](https://vocfm.co.za/bela-act-regulations-on-school-admissions-and-capacity-open-for-public-comment/) ### _Statements and media releases_ Click on a logo to view. Want to display your organisation’s statement? [Click here. ](https://dearsouthafrica.co.za/bela-regulations/summary/ bela@dearsouthafrica.co.za?subject=org info for BELA regulations info page) Close ### Cape Independence Party **CAPEXIT Party strongly opposes the Business Licensing Bill in its entirety on all points:** **Preferential licensing** The Bill explicitly empowers the Minister to grant licences on a “preferential” basis and to impose conditions that advance “historically disadvantaged individuals” or other designated groups. This is nothing less than state-sanctioned racial and ideological discrimination dressed up as transformation policy. CAPEXIT rejects the notion that the state has any legitimate role in deciding which racial or social group may or may not operate a business. Such preferential licensing will: - Reintroduce apartheid-era economic controls under a new ideological banner; - Create a cronyist system where access to markets is determined by political connections and demographic criteria rather than merit, innovation or consumer demand; - Discourage both domestic and foreign investment, as investors will rightly fear that their businesses can be denied licences or subjected to arbitrary conditions on racial or political grounds. No free society licenses businesses on the basis of the owner’s skin colour or historical narrative. This clause alone renders the entire Bill unconstitutional and morally indefensible. **Principles of business licensing** The Bill fails to articulate any coherent, objective, or proportionate principle for requiring a general business licence in the first place. Instead, it presumes that every enterprise – from a street vendor to a multinational corporation – must seek prior permission from the state simply to exist and trade. This reverses the fundamental principle of a free economy: citizens should be free to engage in lawful economic activity without state permission unless there is a clear, evidence-based justification (e.g. public health, safety or environmental protection). The Bill provides no such justification. It is a blanket assault on economic freedom, reminiscent of the licence-permit raj that crippled India’s economy for decades. Requiring a general “business licence” in addition to existing sector-specific permits( liquor, health, zoning, etc.) serves no legitimate public purpose – only the purpose of expanding state control and creating new opportunities for rent-seeking and corruption. **Powers of inspectors** The Bill grants inspectors extraordinarily broad and invasive powers, including warrantless entry into private premises, seizure of documents and goods, and the ability to close businesses on the spot. These powers are ripe for abuse and will be weaponised against political opponents, non-compliant businesses, and any entrepreneur who refuses to pay bribes. In a country already plagued by corruption scandals, handing unelected officials the power to enter and shut down businesses without judicial oversight is an open invitation to extortion. Small businesses, spaza shops, and informal traders – many of them immigrant-owned – will be particularly vulnerable to harassment and shakedowns. Far from promoting transformation, this will simply create a new class of “licence inspectors” who enrich themselves at the expense of the poor. **More red tape** South Africa already ranks poorly on the World Bank’s Ease of Doing Business index, largely because of regulatory overreach. This Bill adds yet another layer of costly, time-consuming bureaucracy on top of SARS registration, municipal permits, B-BBEE compliance, UIF, COIDA, sector SETA requirements, and dozens of other licences. The compliance costs – application fees, mandatory consultations, endless paperwork, and the risk of arbitrary refusal – will crush startups and force thousands of small businesses to close or remain informal. Jobs will be lost, investment will flee, and the tax base will shrink. The Western Cape, which has consistently outperformed the rest of South Africa precisely because of lighter and more efficient regulation, will see its competitive advantage deliberately sabotaged by Pretoria. **Conclusion** The Business Licensing Bill is not reform – it is economic sabotage. It centralises power in the hands of an already overreaching and underperforming national government, reintroduces racial criteria into commerce, and erects new barriers to entrepreneurship at a time when South Africa desperately needs growth and jobs. CAPEXIT calls for the complete withdrawal of this Bill. The people of the Western Cape, and indeed all South Africans who believe in freedom, will not accept a return to a permit-based economy controlled by bureaucrats and political gatekeepers. For a free, prosperous, and non-racial future, this Bill must be rejected in its entirety.