Since schools reopened for the 2025 academic year, some parents took to social media to express their frustrations over what they said was the lack of available space for their children in government schools. Some have even gone as far as blaming the BELA Act, alleging that it prioritises foreign nationals over South African children at government schools. This issue has since sparked a debate around the Act.
Elijah Mhlanga, the national spokesperson for the department of basic education, addresses these concerns and clarifies whatever misconceptions may be there about the Bela Act and school placements.
Sowetan: With the act having been signed into law, how far along the implementation process is it or is it being carried out in phases?
Mhlanga: It is important to note that the provisions in the Bela are not new. All that the sector has sought to do is strengthen governance in schools by, among other things, aligning the court rulings and bringing them into legislation. The work continues. The department has hosted workshops with various stakeholders in the sector to alert them to various aspects as they relate to the implementation.
Sowetan: How does the Bela Act address the allocation of school spaces?
Mhlanga: The fifth line in the preamble of the constitution of SA says: “...that South Africa belongs to all who live in it, united in our diversity”. In the South African constitution in Section 29, it says: (1) Everyone has the right – (a) to basic education, including adult basic education”. That means in the constitution the right to basic education is enshrined, without any qualification and this means the department must provide for all learners in the country without discrimination.
Sowetan: Does the act consider the issue of South African children vs foreign nationals, a topic that is heavily discussed on social media?
Mhlanga: Sections 39 and 42 of the Immigration Act 13 of 2002 do not prohibit the admission of illegal foreign children into schools and do not prohibit the provision of basic education to illegal foreign children. Therefore, the department and the provincial departments are acting unconstitutionally in not permitting children to continue receiving education in public schools purely because they lack identification documents.
Sowetan: Parents on social media are blaming the Bela Act for their kids not having space in the schools because foreign nationals are being considered over their kids, what does the department have to say about this?
Mhlanga: The Bela Act was signed into law only in September and yet the admission policy with regards to undocumented learners goes back to December 2019. It is a lack of information that makes some people criticise the Bela for what it did not do.
Sowetan: What can parents do for their children who still have not been placed in schools due to a lack of available spaces?
Mhlanga: They should co-operate with district offices who are doing their best to allocate them spaces where these are still available.
SowetanLIVE
‘We’re doing our best to place children’
Image: Freddy Mavunda
Since schools reopened for the 2025 academic year, some parents took to social media to express their frustrations over what they said was the lack of available space for their children in government schools. Some have even gone as far as blaming the BELA Act, alleging that it prioritises foreign nationals over South African children at government schools. This issue has since sparked a debate around the Act.
Elijah Mhlanga, the national spokesperson for the department of basic education, addresses these concerns and clarifies whatever misconceptions may be there about the Bela Act and school placements.
Sowetan: With the act having been signed into law, how far along the implementation process is it or is it being carried out in phases?
Mhlanga: It is important to note that the provisions in the Bela are not new. All that the sector has sought to do is strengthen governance in schools by, among other things, aligning the court rulings and bringing them into legislation. The work continues. The department has hosted workshops with various stakeholders in the sector to alert them to various aspects as they relate to the implementation.
Sowetan: How does the Bela Act address the allocation of school spaces?
Mhlanga: The fifth line in the preamble of the constitution of SA says: “...that South Africa belongs to all who live in it, united in our diversity”. In the South African constitution in Section 29, it says: (1) Everyone has the right – (a) to basic education, including adult basic education”. That means in the constitution the right to basic education is enshrined, without any qualification and this means the department must provide for all learners in the country without discrimination.
Sowetan: Does the act consider the issue of South African children vs foreign nationals, a topic that is heavily discussed on social media?
Mhlanga: Sections 39 and 42 of the Immigration Act 13 of 2002 do not prohibit the admission of illegal foreign children into schools and do not prohibit the provision of basic education to illegal foreign children. Therefore, the department and the provincial departments are acting unconstitutionally in not permitting children to continue receiving education in public schools purely because they lack identification documents.
Sowetan: Parents on social media are blaming the Bela Act for their kids not having space in the schools because foreign nationals are being considered over their kids, what does the department have to say about this?
Mhlanga: The Bela Act was signed into law only in September and yet the admission policy with regards to undocumented learners goes back to December 2019. It is a lack of information that makes some people criticise the Bela for what it did not do.
Sowetan: What can parents do for their children who still have not been placed in schools due to a lack of available spaces?
Mhlanga: They should co-operate with district offices who are doing their best to allocate them spaces where these are still available.
SowetanLIVE
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