What's changed for schools and ECD centres — the BELA Act and the ECD function shift

The Basic Education Laws Amendment Act 32 of 2024 was signed and gazetted on 13 September 2024, with commencement announced in December 2024 and the most contested provisions — admissions and language policy — deferred for further consultation and regulation. As at this review, the implementing regulations were still being finalised and the commencement position is staggered, so schools should work from their provincial department's current instruction rather than assuming the whole Act is live.

Reviewed by TefCo Compliance Research — last verified 7 September 2026.

In short

BELA was assented to and gazetted on 13 September 2024.
Commencement was announced in December 2024, with admissions and language provisions deferred.
DBE described the implementing regulations as still being finalised through 2025.
The ECD function moved from Social Development to Basic Education on 1 April 2022.

Where BELA actually stands

The Act was published in the Government Gazette on 13 September 2024. In a statement on 20 December 2024 the President announced commencement while explicitly holding back the admissions and language policy provisions for a further period of consultation and regulation drafting.

The Department of Basic Education's own implementation page confirmed that the national regulations needed to support the Act were still being finalised, and parliamentary replies in March and June 2025 repeated that position without giving a completion date.

Commencement of BELA is staggered and has been litigated. Before relying on a specific section being in force, pull the current proclamation and your province's implementation circular. We have deliberately not published a section-by-section commencement table here because it could not be verified against the proclamation itself.

What schools can do now

Keep admissions and language policies as they are until your provincial department issues an instruction under the new framework.
Review the code of conduct and disciplinary procedures — these areas are affected once regulations land.
Make sure governing body records, minutes and delegations are clean, since governance is where BELA changes the most.
Track your province's circulars, which will carry the practical instruction before national regulations are consolidated.

ECD: the function shift is done, the framework is still settling

Responsibility for early childhood development moved from the Department of Social Development to the Department of Basic Education on 1 April 2022. The registration framework itself, however, still runs on the Children's Act 38 of 2005 and the 2010 General Regulations Regarding Children.

In practice that means an ECD centre still registers as a partial care facility on the Children's Act basis, while sitting under Basic Education's stewardship for funding, curriculum and monitoring.

Frequently asked

Is Grade R now compulsory?

BELA amends the Schools Act to bring Grade R into the compulsory schooling framework, but the practical rollout depends on the implementing regulations and provincial capacity. Work from your provincial instruction.

Has a new ECD registration system replaced the Children's Act one?

No finalised, gazetted replacement framework was found. Partial care registration under the Children's Act 38 of 2005 remains the operative route.

Sources

TefCo Corporate Compliance (Pty) Ltd is a compliance management platform, not a legal, tax or advisory firm. This guide is general information, not advice. Fees, dates and thresholds change — confirm current figures with the regulator before you rely on them.