South Africa’s Department of Basic Education has published four sets of draft regulations for public comment as part of the implementation of the Basic Education Laws Amendment Act, with submissions open until 5 September 2026. The regulations cover school governing body elections, additional remuneration for state-employed educators, teacher development institutions and the National Education Information System.
While the department says the measures will provide greater clarity and practical support across the education sector, education expert Prof. Mary Metcalfe has questioned whether some of the provisions will make a meaningful difference to teachers and schools.
What the new regulations cover
The BELA Act has been the subject of sustained public and political debate, mostly over the powers and responsibilities of school governing bodies. Metcalfe stressed that BELA is not a new law, but an amendment to existing education legislation.
“What it does is modify the original legislation,” she said, adding that the amendments refine existing provisions based on what the education system has learned “through practice and through litigation”.
While all four instruments were published together, Metcalfe stressed that they should not all be treated as BELA regulations.
Two relate directly to the amended legislation: the regulations governing school governing body elections and those dealing with additional remuneration for state-employed educators.
The other two concern provincial and district teacher development institutions and the National Education Information System. According to Metcalfe, neither is a BELA matter.
“With BELA, there’s no new controversy.”
It is important to note that when considering concerns about teachers’ working conditions. Metcalfe said many of the pressures facing educators, including broader employment and workplace issues, are dealt with through other legislation and collective bargaining processes rather than BELA.
Her criticism of the teacher development regulations is therefore separate from her assessment of BELA itself.
She questioned whether the proposed framework for teacher development centres would address the practical support teachers need, particularly in provinces that are already struggling with limited resources and capacity.
“These regulations won’t touch this,” she said, referring to the wider need for stronger professional support and development for teachers.
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The space between regulation and reality
Metcalfe’s concerns centre on whether the regulations dealing with teacher development will translate into practical support.
Draft regulations governing provincial teacher development institutes and district teacher development centres have reportedly been in development for about a decade. Their implementation has been limited, with budget constraints among the reasons provinces have struggled to establish the structures envisaged.
The regulations set detailed requirements for these centres, including specifications around facilities and equipment.
Metcalfe questioned the value of imposing such requirements when many provinces have not yet established the basic infrastructure needed to support teachers.
“No province in the last 10 years has implemented this,” she said.
South Africa’s education system continues to face questions about how teachers are supported in their professional development and day-to-day practice.
“We do not do enough to support our teachers in terms of their professional practice in school and in their professional development in school and out of school,” Metcalfe said.
The proposed framework would place subject advisers within teacher development centres. Metcalfe questioned how workable this would be in provinces that are already struggling to provide sufficient subject advisers and other basic forms of teacher support.
“This document proposes that subject advisors should be located in the teacher development centers,” she said. “It just doesn’t work for the majority of provinces.”
While some provincial teacher development centres are operational, the wider network of district-level centres envisaged in the regulations has not been consistently established.
Metcalfe described the publication of the regulations as “a non-event” in practical terms, arguing that provinces are not required to establish the centres simply because the regulations have been published.
The regulations instead set out the technical requirements that would apply if the structures are implemented.
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What the public should look at
The Department of Basic Education has invited teachers, parents, school governing bodies, education organisations, unions, faith-based organisations, civil society and other interested South Africans to submit comments on the draft regulations.
For those examining the BELA-related provisions, the school governing body election regulations are particularly relevant. Metcalfe said they should be understood as the practical framework for implementing principles already established by the Act.
Schools and parents may also want to consider the provisions dealing with additional remuneration for teachers. Where governing bodies provide teachers with additional pay, the cost has implications for school finances and potentially for parents who contribute through school fees.
“The DBE has always been very concerned about that, because it’s going to push up school fees,” Metcalfe said. “Because who’s going to pay for that extra salary? Parents.”
The department has set 5 September 2026 at 23:59 as the deadline for public submissions.
The public comment period therefore offers an opportunity to examine more than the political debate surrounding BELA. It allows those working within the education system to consider whether the practical rules designed to support implementation are workable for the schools, teachers and communities expected to use them.
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Image via People Assured.
