Edition 1 – 31 July 2025
A regular update from the Pestalozzi Trust on legal, policy, and advocacy developments affecting home schooling in South Africa.
1. Shaping Future Regulations: A Crucial DBE Engagement
On Monday, 28 July 2025, the Department of Basic Education (DBE) convened a joint meeting of its National Task Team and a stakeholders forum. The stakeholders forum was an opportunity to provide an update on the development of regulations under the recently enacted BELA Act. The National Task Team continued its work on drafting of regulations.
The Pestalozzi Trust attended both meetings and emphasised that the quality and workability of the regulations will be critical to whether the BELA Act can be implemented in a lawful and practical manner.
It was noted that one of the primary reasons previous rounds of public comment drew large numbers of submissions was because of impractical, unlawful, or unworkable proposals. In order to avoid a repeat, the Trust urged that regulations must be developed collaboratively and reflect the lived reality of home education in South Africa.
A positive example of such collaboration is the 2025 DBE Guidelines, which — although not perfect — incorporated 85% of the 21 proposals made by the Pestalozzi Trust. These proposals were themselves the result of consultation with members and the wider homeschooling community.
The Trust further recommended that the DBE not call for public comment during year-end exams or the December holidays, a practice which has historically put undue pressure on parents and children and excluded many families from participating fully.
No clear timeline was given for the publication of draft regulations. Although the regulations are far from complete, this does however not mean the DBE will not suddenly try and introduce then. The Trust will remain actively involved in the process.
2. Western Cape Online System: From Yellow to Green Alert
On 24 July 2025, the Western Cape Education Department (WCED) informed the Parliamentary Portfolio Committee on Basic Education (PCBE) that the province was in the process of finalising an automated online registration system for home education.
They indicated that the system would:
- Refer applications for curriculum review
- Check the qualifications of parents
- Randomly select families for site visits
These statements prompted a Yellow Alert from the Trust, as each of the above elements raises potential constitutional and legal issues — especially in light of the existing provisions of the South African Schools Act.
However, at a follow-up meeting held on 31 July, the WCED clarified its position. Mr Alan J Meyer, Deputy Director-General: Institutional Development and Coordination, apologised for the miscommunication and confirmed that:
- The system will not request information on parents’ qualifications
- The system will not implement randomised home visits
- The WCED remains committed to aligning the system with what it claims is full compliance with the BELA Act
The Pestalozzi Trust raised several further concerns during this engagement. These included:
- The need for applicants to be able to prove submission in order to activate the 60-day deemed approval clause, as this did not seem possible in the version of the system we were shown.
- Confirmation that manual submissions will remain valid and accepted
- The fact that the proposed system is based on the current application form, which the Trust has found to be problematic — particularly in relation to learners with special needs
The WCED undertook to escalate these concerns to its system development team and indicated that a formal written communication would follow. The Trust will continue to monitor developments closely.
3. BELA Act Case in the National Media
The Pestalozzi Trust’s Constitutional Court challenge to the BELA Act has drawn wide attention from national news platforms. We encourage members and the public to read and share these reports and interviews, which have brought much-needed public visibility to the constitutional and procedural issues raised by the Act.
- News24: “Home-schooling organisation challenges BELA Act in Constitutional Court”
Read article - Netwerk24 (Afrikaans): “Rubberstempel: Organisasie vir tuisonderrig daag BELA-wet in hoogste hof uit”
Lees artikel - SalaaMedia Interview: “Did Government Just Break the Constitution? Parents Say YES – BELA Act in Hot Water!”
Watch the interview with Pestalozzi Trust spokesperson Christopher Cordeiro
Watch on YouTube - First Take SA Podcast: “Pestalozzi Trust filed ConCourt challenge against the BELA Act”
Listen here
We thank all media outlets that have given voice to families and to the vital legal questions surrounding the BELA Act.
4. National Non-Registration Survey: Have Your Say
Earlier this year, the Trust conducted a pilot poll to understand why many families choose not to register for home education. The results revealed deep and principled concerns:
- 58% believe the State has no role in their children’s education
- 47% expressed distrust in the education department
- 34% feared loss of curriculum freedom
- 32% opposed state assessments
- 26% had concerns about how their data would be used
A fully-fledged survey is now being rolled out nationally, and we urge families who have not registered to share their reasons.
This is a vital opportunity to demonstrate to the public and to government the scale of dissatisfaction and the genuine barriers to registration.
If you have not yet registered your home learners and would like your reasons heard, you can complete the survey here:
Take the survey
Final Thoughts
The months following the enactment of the BELA Act have shown just how important it is for home education families to be vigilant, informed, united and enjoy legal support. Whether in courtrooms, regulatory meetings, or consultations on govt. systems, the Pestalozzi Trust is committed to defending your rights.
We are grateful for the WCED’s willingness to engage in dialogue and for the thousands of families who continue to support our work through membership, participation, and advocacy.
If you are not yet a member of the Pestalozzi Trust, or know a non-member family, now is the time to stand with us. Membership ensures that a homeschooling family is legally protected and that their voice is represented where it matters most.
To join, visit: www.pestalozzi.org
Inside Education Freedom is published by the Pestalozzi Trust, defending home schooling in South Africa since 1998.
