Edition 2 – 15 August 2025
A regular update from the Pestalozzi Trust on legal, policy, and advocacy developments affecting home education in South Africa.
Reforming the Foundations: The Pestalozzi Trust Calls for a New Legal Framework at the SAELA Conference
At the 29th Annual International Education Law Conference of the South African Education Law Association (SAELA), held from 3–6 August 2025 in the Garden Route, the Pestalozzi Trust submitted a formal proposal calling for a radical transformation of South Africa’s education law architecture.
This year’s conference theme — “Edvolution and the Law: Empowering Change, Embracing the Future” — came at a critical moment in debates over South Africa’s education policy. The enactment of the BELA Act, alongside the lack of inclusiveness and adaptability of our education law framework, was the reason for the Trust’s call to action.
The Legal Landscape Is Outdated
The Trust’s submission points out that South Africa’s education legislation has not evolved in line with our constitutional or international obligations, nor with developments in child rights and educational diversity over the past two decades.
The South African Schools Act (SASA) was adopted in 1996 and amended with the BELA Act. Yet it doesn’t include modalities of education such as online schools and independent micro-schools. It also predates the Children’s Act (2005) and the Child Justice Act (2008), both of which enshrine child-centred principles that are notably absent from SASA and the BELA Act.
As Professor Mariette Reyneke (who was a speaker at the Trust’s conference earlier in the year and was relected President of SAELA) has pointed out, “In contrast to the explicit child-centred requirement of the Constitution, the Schools Act does not have an explicit child focus.” This is a fundamental misalignment that undermines the legal protections available to learners, particularly those educated outside of mainstream public schools.
A Call for a New Legal Architecture
The Trust’s proposal urges SAELA and the legal research community to advocate for the development of a new, child-centric legal framework that accommodates all forms of education — not merely schooling.
The submission makes three key recommendations:
- Draft a new Umbrella Education Act that reflects a broad conception of education and incorporates South Africa’s commitments under the Constitution, the Children’s Act, and international law.
- Separate out non-conventional education modalities — such as home education, online education, and independent micro-schools — either into a distinct chapter of the umbrella Act or into a stand-alone Act dedicated to non-conventional education.
- Ensure legal recognition of curriculum and assessment freedom in all independent education models, recognising that these freedoms are integral to educational choice and pluralism.
The Trust believes that “We are currently trying to crowd too much law under one roof,” and “We need a new architecture that accommodates education, not just schooling, in all its diversity.”
A Moment of Opportunity
Our submission comes at a time when the national discourse around education law is beginning to shift.
At the opening of the SAELA Conference, Minister of Basic Education, Siviwe Gwarube, delivered a keynote address calling foreducation law reform to tackle systemic inequality. As reported by The Citizen on 5 August 2025, the Minister acknowledged that the current legal framework is not adequate to meet the needs of all learners.
This rare alignment between government rhetoric and civil society advocacy presents an opportunity. However, as the Trust’s submission makes clear, reform must go beyond amending existing laws and instead ask deeper structural questions about the relationship between the state, the learner, and the family.
Looking Ahead
The Pestalozzi Trust remains committed to working with researchers, policymakers, and educational professionals to realise a legal framework that:
- Centres the best interests of the child
- Recognises the full diversity of educational approaches in South Africa
- Protects the rights of families and learners in all education modalities
- Integrates the insights of legal developments over the last three decades
The Trust hopes that its submission will spark debate and collaboration across the education law community during 2025 and beyond.
The BELA Act and follow-up regulations are reshaping the legal framework for education in South Africa. Whether that future protects educational freedom will depend on sustained public engagement.
You don’t need to be a homeschooler to take a stand. If you support parental rights and the right of families to choose how their children are educated, we invite you to join the Pestalozzi Trust as an Associate Member. Associate Membership is open to all who share our mission. The annual contribution is R560 per family.
By joining, you help us advocate for a legal system that recognises and respects educational diversity. Join here:https://pestalozzi.org/en/join/
Inside Education Freedom is published by the Pestalozzi Trust, defending home schooling in South Africa since 1998.
On the photo: Karin van Oostrum (Pestalozzi Trust), Prof Mariëtte Reyneke (President: SAELA), Christopher Cordeiro (Pestalozzi Trust)
