Warning for private schools in South Africa
Although the controversial BELA Bill primarily targets public education reform, private schools must also comply with its legal and constitutional requirements and ensure their policies align with evolving regulations on learner rights, discipline, and admissions.
President Cyril Ramaphosa signed the BELA Bill into law on 13 September 2024. However, its implementation has been partially delayed to allow further consultation on two contentious clauses related to admissions and language policies.
On 28 November, Basic Education Minister Siviwe Gwarube reached agreements with trade union Solidarity and The Presidency, potentially delaying the implementation of these specific clauses until 2026.
Legal experts stress that private schools must remain actively engaged in the legislative process despite the delay.
Aadil Patel, National Practice Head and Director of the Employment practice at Cliffe Dekker Hofmeyr (CDH), emphasised the importance of participation in public consultations.
“Should there be amendments to national or provisional laws, the private education sector will also be impacted and should therefore raise any concerns they have as early as possible.”
“Besides participating in public consultations, private schools would be wise to review their policies and codes to ensure they are both constitutionally compliant and litigation-proof.”
South Africa is home to 22,589 public schools and 2,282 private schools. While the total number of schools has declined in recent years, private schooling has shown significant growth.
In 2000, private schools made up just 3.5% of all schools. Today, they account for over 10%.
“These institutions are in high demand and cater to a diverse range of socio-economic groups, including low-fee, middle-income, and elite learners,” Patel said.
However, private schools are not exempt from constitutional obligations. The BELA Bill seeks to formalise principles that have emerged through Constitutional Court rulings.
For private schools, legal judgments – such as the Constitutional Court’s ruling in the Pridwin case – affirm their constitutional obligations.
“In this case, the court found that Pridwin Preparatory School violated a learner’s right to basic education and the principle of the child’s best interests by expelling them without a proper hearing,” Patel added.
“This judgment clarified that, although private schools operate independently, their decisions must respect learners’ constitutional rights.”

Patel explained that in the John Wesley School case, the court ruled that private schools must adhere to minimum standards that align with public school regulations, particularly in matters of learner discipline and expulsion.
These domestic developments are consistent with international frameworks like the Abidjan Principles, which stress that private education should complement public systems rather than replace them.
“The principles advocate for strict regulation to ensure private institutions maintain standards equivalent to public schools while safeguarding learners’ rights.”
“They also emphasise that a learner’s right to education should not be compromised by financial issues such as unpaid fees, nor should disciplinary procedures undermine the child’s welfare.”
As these legal and policy shifts unfold, private schools find themselves operating within a dual obligation framework, Patel said.
“On one hand, they are afforded operational independence, but on the other, they are required to uphold constitutional and procedural standards that respect learners’ rights.”
“This includes ensuring that codes of conduct and disciplinary policies meet constitutional requirements and that fair processes are followed when decisions impact a learner’s access to education.”
The BELA Bill and recent court rulings illustrate the delicate balance between maintaining autonomy and meeting constitutional obligations.
“For private schools, the message is clear: adaptation is necessary to align with South Africa’s evolving education landscape.”
“Active engagement in public participation processes, alongside regular policy reviews, will be crucial to navigating the changes effectively.”
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