FEDSAS welcomes the publication of the first sets of draft regulations under the amended South African Schools’ Act. As a key stakeholder, FEDSAS participated in the task teams that helped shape these drafts and will again take the opportunity to submit detailed inputs once the documents have been finalised by the State’s legal advisors.

The first two sets of regulations deal with learner admission and the determination of school capacity. While a national admissions policy has long existed, this marks the first time it is being formalised into binding regulations.

FEDSAS is particularly encouraged by the draft regulations on school capacity – a long-awaited move to provide objective, standardised criteria for determining when a school is full.

“For years, decisions at the school gate have been made under pressure, sometimes emotionally and often inconsistently. These regulations bring clarity, transparency and fairness to a process that has too often been contentious,” says Dr Jaco Deacon, CEO of FEDSAS. “They represent a decisive step towards protecting learners' rights and restoring confidence in admission decisions.”

FEDSAS has consistently advocated for clear and equitable criteria for capacity determination. Through multiple submissions and presentations to the National Department of Basic Education over the years, FEDSAS has highlighted the need for transparent guidelines to reduce conflict and improve governance at school level.

These measures now place a significant responsibility on school governing bodies to apply the criteria fairly and appropriately, while also equipping them to better manage school resources. FEDSAS member schools have long included capacity determinations as part of their admissions policies, and the organisation is encouraged to see national alignment with best practice already applied on the ground.

“This is not about limiting access but about managing it responsibly,” says Deacon. “When schools can clearly justify their capacity, everyone – from parents to education officials – can trust the process.”

FEDSAS urges all school governing bodies and members of the public to take advantage of the current 30-day public comment window to study the draft regulations and make their voices heard. 

“As was the case during the BELA Bill process, FEDSAS will again provide leadership, resources, and practical support to assist members in submitting comments,” says Deacon. “We also anticipate that additional draft regulations will be released soon for further public consultation.”