Dear Honourable Members of the Portfolio Committee on Basic Education,

We write to you on behalf of the Cape Home Educators (CHE) to raise two matters of serious concern relating to the implementation of the Basic Education Laws Amendment (BELA) Act, specifically as it pertains to home education. We appreciate the vital role your Committee plays in ensuring that laws and regulations serve the public interest, are constitutionally sound, and are developed through transparent and inclusive processes.

1. Need for a Focused Socio-Economic Impact Assessment (SEIA)

We are concerned that the Socio-Economic Impact Assessment (SEIA) conducted during the drafting of the BELA Bill did not sufficiently consider the potential impact of the legislation on home-educating families. As the Department of Basic Education (DBE) now proceeds with drafting regulations for home education under the BELA Act, this presents a critical opportunity for a focused and robust SEIA specifically assessing the implications for home educators and learners.

To this end:

CHE has formally requested the DBE to undertake a proper SEIA before finalising the regulations.
A copy of our letter to the DBE is available upon request.
We respectfully urge the Portfolio Committee to ensure that no regulations concerning home education are approved or implemented without the completion of a transparent, independent, and adequate SEIA.

Given the potentially far-reaching effects of the BELA regulations, we believe this step is essential to uphold the principles of evidence-based policymaking and to ensure the regulations are fair, practical, and legally defensible.

2. Call for Improved Public Participation in the Regulatory Process

We are equally concerned about the process of public participation that was followed during the parliamentary passage of the BELA Bill. Numerous stakeholders raised substantial objections to the fairness and adequacy of that process. This concern is now the subject of an application before the Constitutional Court, brought by the Pestalozzi Trust, challenging the constitutionality of the public participation process related to BELA.

In light of these concerns:

CHE has submitted a proposal to the DBE for piloting an improved, more inclusive model of public participation during the development and publication of home education regulations.
A copy of this submission is available upon request.
We respectfully request that the Portfolio Committee exercises its oversight role to ensure that the process of developing these regulations includes enhanced public engagement mechanisms.

Meaningful public participation is not only a constitutional obligation—it is a practical necessity for developing regulations that are credible, effective, and enjoy broad public support. Improved consultation would help reduce the risk of future litigation and strengthen public trust in the Department and in Parliament.

We thank you for your continued commitment to democratic governance and public accountability. We trust that the Committee will give due attention to these matters and act to ensure that the regulatory process for home education proceeds in a fair, transparent, and constitutionally sound manner.

Yours sincerely,

Bouwe Van der Eems
Chairman
Cape Home Educators (CHE)

The documents are available upon request:
• CHE letter to DBE re: SEIA
• CHE submission to DBE re: public participation