This law has stirred considerable public debate.

The Act, now officially in force, is intended to tackle discriminatory practices in school admissions and language policies, areas where some schools have been accused of excluding learners unfairly. Its passage has drawn backlash from several quarters, including civil rights group Afriforum and opposition party the Democratic Alliance, both of which claim it undermines school autonomy and community involvement.

Although the new guidelines do not carry legal weight, they are expected to play a key role in how provincial education departments interpret and apply the Act. The Department says the aim is to ensure consistency and fairness in how schools across the country implement the new provisions.

Reuben Coetzer, Spokesperson for advocacy group Free SA, said the guidelines offer a useful framework. “They may not be enforceable in court as standalone rules, but they help to prevent arbitrary decisions by setting clear expectations,” he explained. “They also give the public and school communities a basis to question decisions that don’t align with the minister’s directives.”

In SA’s system of administrative justice, ignoring such guidelines without proper justification can raise legal concerns, particularly if decisions appear unreasonable or procedurally flawed.

The Department maintains that the BELA Act and its supporting framework are meant to build a more inclusive education system and improve accountability across all levels of school governance.

--ChannelAfrica--