Government gazettes new law setting maximum classroom sizes for schools

The Department of Basic Education has officially gazetted two draft regulations for public schools and invited the public to comment as part of implementing the Basic Education Laws Amendment (BELA) Act, signed into law in December 2024.

These proposals address classroom capacity and school admission policies—both hotly debated issues in discussions about the BELA Act.

A Modular Approach to Reform

The department says it is using a modular release strategy to roll out changes in stages and avoid delays.

Minister of Basic Education Siviwe Gwarube described the publication of these regulations as a “significant milestone,” adding that they will strengthen school governance and promote equality and inclusion for the country’s 13.5 million learners.

“These reforms are not about taking away power from school communities – they are about protecting the rights of every child and ensuring fair, functional education systems,” said Gwarube.

Classroom Capacity Limits Introduced

One of the most notable proposed changes sets classroom size limits:

• Grades 1–12: a maximum of 40 learners per class
• Grade R: a maximum of 30 learners per class

These limits aim to reduce overcrowding in public schools, a long-standing problem that undermines teaching quality and learner performance.

The second, more controversial set of regulations focuses on school admissions—specifically, who holds the final authority to decide whether a learner is accepted.

Under the draft regulations:

• School Governing Bodies (SGBs) remain responsible for drafting and amending admission policies.
• However, the final authority on learner admissions now rests with the provincial Head of Department (HOD).

The regulations require that HODs consult with SGBs before making such decisions and provide:

• Written notice of intent to exercise this authority
• The reasons behind their decision
• A “reasonable opportunity” for the SGB to respond

The HOD’s decisions must consider the best interests of the learner, school capacity, and the needs of the wider community.

Admissions Must Be Fair and Inclusive

The regulations also place new obligations on SGBs to ensure that their admission policies:

• Are rational, fair, and transparent
• Reflect the demographics and education needs of the surrounding community
• Consider language preferences
• Promote equitable access and remove barriers to participation

Language policy, another controversial feature of the BELA Act, will be covered in future regulation releases, the department said.

Public Participation Encouraged

Minister Gwarube urged parents, educators, civil society, and community leaders to take part in the regulatory process by submitting their views, stressing the importance of public engagement.

“Your voice matters. Let it be heard in shaping the policies and regulations that govern the education of your children,” Gwarube said.

The department will launch a national public awareness campaign to ensure the draft regulations are clearly explained and that the public is equipped to submit informed feedback.