Swartruggens Gekombineerde Skool proves devil in the detail of the Bela Act
AfriForum warns that the North West Department of Education’s disregard for an urgent interim court interdict proves why this organisation is so strongly opposed to the Basic Education Laws Amendment Act, better known as the Bela Act. The interdict followed after the North West Head of Education placed 78 English learners in the Afrikaans Swartruggens Gekombineerde Skool and threatened to change the school’s language and admissions policies without the agreement of the school’s governing body.
According to the Federation of Governing Bodies of South African Schools (Fedsas), that is assisting the school’s governing body, this case is the first to challenge the Bela Act. Although the court granted an interdict against the Department’s actions, the latter has not yet met any of the deadlines set by the court order. The school and Fedsas are now threatening the Department with an application for contempt of court.
Alana Bailey, AfriForum’s Head of Cultural Affairs, says that these events clearly illustrate the dangers of the Bela Act. Those in favour of the law stated that any problems could simply be sorted out with legal action but failed to take into account that the relevant departments could blatantly ignore court orders. “While the schools and supporting institutions such as Fedsas are burdened with the costs, time and effort, and the education of the learners concerned is compromised, the officials act as they please,” she says.
Last week, the Minister of Basic Education, Siviwe Gwarube, reported to the National Council of Provinces’ Committee on Education on the implementation of the Act. She also published further draft regulations for its implementation in the Government Gazette. These regulations deal with the election and operations of school governing bodies, state teacher payments, standards for provincial education development institutes and the National Education Information System. Public input received regarding regulations for schools’ admission policies is still being processed before the final version will be published and the draft regulations for schools’ language policies are still being awaited.
Bailey emphasises that it is essential that all stakeholders should comment on the latest draft regulations before 5 September 2026 and that schools oppose the actions of provincial principals that threaten the safety and quality of education of learners such as in the case of Swartruggens Gekombineerde Skool. AfriForum is ready to assist schools with advice in this regard. Enquiries may be sent to onderwys@afriforum.co.za.
