What Schools Need to Know: 2024 Amendments to the SA Schools Act
The Basic Education Laws Amendment Act (BELA Act), which came into effect on 24 December 2024, introduced significant changes to the South African Schools Act. These changes affect admissions, learner discipline, school governance, compulsory education, and more.
The Department of Education calls on all public schools, school principals, and school governing bodies (SGBs) to familiarise themselves with these updates and apply them in line with the national guideline issued by the Department of Basic Education on 12 June 2025. This guideline provides interim direction until new regulations and policies are finalised.
1. Grade R is Now Compulsory
Grade R is now part of compulsory schooling. All children who turn five by 30 June in a given year must be enrolled in Grade R that year. Attendance is compulsory until the end of Grade 9 or age 15, whichever comes first.
Schools must prioritise appropriately aged learners.
ECD centres offering Grade R must register as independent schools unless they are public schools.
Grade R teachers with the required qualifications can now be formally appointed. Transitional support is being developed for underqualified practitioners.
2. Admissions: Ensure Fair Access
SGBs retain the right to determine admission policies but must ensure they do not unfairly discriminate. The Head of Department (HoD) in the province has the final authority to admit a learner, but must consult the SGB beforehand.
Admissions policies must be reviewed regularly.
Factors like language needs, available space, and community demand must be considered.
Rejected applicants must be provided with written reasons upon request.
3. Language Policy in Schools
SGBs must review language policies to promote inclusivity, particularly the advancement of indigenous languages and access to mother-tongue instruction.
HoDs may instruct a school to offer an additional language, but only after consultation with the school, its parents, and the community.
The school must be provided with the necessary resources before implementing such a directive.
Learner Code of Conduct: Inclusivity Now Required
All learner codes of conduct must be updated to take into account cultural, religious, and medical circumstances. Learners must be allowed to apply for exemptions from specific rules on these grounds.
Disciplinary processes must be fair and age-appropriate.
Schools must consult with learners, parents, and teachers when developing the code of conduct.
5. Search, Seizure, and Drug Testing
“Liquor” has been formally added to the list of banned substances on school property. Search and seizure procedures have been clarified, including drug testing protocols.
Searches must be conducted in a legal, respectful manner.
The updated guidelines explain how and when searches can take place.
6. Learner Suspension: New Rules Apply
A learner may only be suspended after being formally accused of serious misconduct—not merely suspected. Immediate suspension is only allowed if the learner is charged by the police for specific serious offences.
Clear evidence or formal charges must exist.
The learner must be allowed to make representations before a decision is made, except where SAPS charges have already been laid.
7. Textbook and Materials Procurement
Schools that manage their own procurement can choose to join centralised procurement programmes coordinated by the department—but participation is not compulsory.
Schools can opt out if they can show a more cost-effective alternative.
Quality and reliability of suppliers must be factored into procurement decisions.
8. Governing Body Oversight and Intervention
If an SGB fails to carry out one or more of its duties, the HoD may withdraw that specific function. This must be based on clear evidence, and the SGB must be informed in writing and given reasons.
Withdrawal is temporary and should be aimed at building capacity.
This is different from full dissolution of the SGB, which is governed by a separate provision.
9. Home Education
Parents choosing to homeschool must now register with the provincial department and comply with updated monitoring, curriculum, and reporting requirements.
Registration is compulsory.
The department will monitor compliance more closely.
What Public Schools Should Do Next
The KZN Department of Education expects all public schools to:
Review and update admission and language policies before the end of the school year.
Revise the learner code of conduct to reflect the new inclusivity requirements.
Ensure ECD centres offering Grade R are properly registered.
Adopt fair and transparent disciplinary practices, and document them properly.
Align procurement processes with the new flexibility under Section 21.
Work cooperatively with the department when directives or reviews are issued.
