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BELA Act Regulations affirm right to education for undocumented children
Cape Times
|August 08, 2025
NEWLY published regulations of the Basic Education Laws Amendment Act (Bela) have affirmed that undocumented children in the country have a right to education.
Minister of Basic Education, Siviwe Gwarube, published the regulations this week for public comment. The BELA Act aims to improve the governance of schools in South Africa.
The gazetted regulations clarify key provisions of the South African Schools Act regarding school capacity and admissions. The issue of providing services to undocumented foreign nationals has been in the news lately after groups in Durban and Johannesburg were barring foreign nationals from accessing hospitals.
The KZN Department of Education recently revealed that it has close to 150 000 undocumented learners in its schools.
MEC Sipho Hlomuka stated that the prevalence of undocumented learners in schools is one of the most challenging problems affecting the efficiency of their educational system. The latest 2025 Snap Survey indicates that approximately 149 000 undocumented learners are attending their schools.
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