The decision to register for homeschooling is not a simple matter. Learn what the BELA Act and DBE guidelines mean for your family, curriculum freedom and parental responsibilities before you decide to register or not to register your children for homeschooling in South Africa.
Is Homeschooling Legal in South Africa?
A parent recently asked for advice and what follows is the information she needed.
“I haven’t registered with the department because if I remember correctly it was recommended not to necessarily do so….Now there’s ALL this banter, advice and fear-filled talk doing the rounds….What is the current situation and your recommendation?”
Understanding the BELA Act and Homeschool Registration
In 2024, the highly disputed BELA Bill was passed into law as the BELA Act and in July 2025, the Pestalozzi Trust launched its Constitutional Court challenge concerning the Basic Education Laws Amendment Act. A year later, in July 2026, after much to and fro communication with the court officials, the main papers in the case were filed.
What the case is about: It’s a procedural case, a simple constitutional legal issue which asks the court to decide: Did the government actually listen to the public and homeschooling families before passing the BELA Act?
The main complaint: The Pestalozzi Trust says Parliament and local legislatures failed to uphold their constitutional obligation to facilitate proper public participation, directly impacting home education, families and basic education rights.
What’s next: The Chief Justice must set a court date. The legal process takes time. It could take two years or more, so the Trust is tentatively planning for a 2027 hearing while staying ready for updates.
What must you do? Our advice remains the same as always:
- Do what you believe is in the best interests of your children. If the requirements for registration do not seem to be in their best interests, then carry on as you are now.
- Continue to educate yourself about home education and the complexities of the law (see our video on that topic below) so that you can make an informed choice.
- Join the Pestalozzi Trust, if you haven’t yet, so that no matter what you decide, that you have legal backing if you ever need it. That alone will give you greater peace of mind.
- MOST IMPORTANTLY: Ignore all the fear-mongering. Do not make any decisions based on fear.
The DBE Confirms Freedom of Curriculum Choice
The DBE is not out to get home educators. They have stated in meetings with us (home education representatives) and in emails to parents that home educators are free to use ANY curricula of their choice. Your approach and your choice of home education curricula are not illegal.
In press release issued on 11 March 2024, the Department of Basic Education stated:
“The Department has no intention of taking away the freedom of curriculum choice from the parents.”
Emails sent to parents in 2025 also confirmed: “You are allowed to use any curriculum of your choice which is not inferior to CAPS and which may include online support.”
The DBE is not eager to prosecute anyone as that costs time, money and resources, which they don’t readily have available. They simply believe, rightly or wrongly, that they are the custodians of the nation’s children and that they need laws to regulate home education in case parents are neglectful and so that they can be accountable for this sector.
Should anyone ever need to check on you, you could easily show that you are giving your children a rich education that meets and exceeds the minimum requirements of the national curriculum policy statement i.e. CAPS. Our tips for record-keeping follow further down.
The Complexities of Registration with the DBE
The following video, with our guest, Bouwe van der Eems, the former Chairman of the Pestalozzi Trust and current Chair of Cape Home Educators explained they registration is not a simple Yes or No decision:
If and when the law changes, we will update this information again.
Should You Register Your Homeschooler?
Registering for homeschooling is not a simple matter or an easy process.
Home education is always an excellent choice. However, parents need to be well-informed of the legal aspects of this decision. They should not start a process of registration without being aware of the consequences. They need to understand the complexity of laws pertaining to parents, children, education and their rights and responsibilities.
Section 51 of the SA Schools Act of 1996, which has been replaced by the Clause 25 of the BELA Act (which you can read here – Homeschooling Laws in South Africa) allows for parents to APPLY for the registration of a learner to receive education at home.
This process is not as simple as registering the birth of your child or the act of a marriage, as it requires approval from the Head of Department, dependent on his or her view that:
(a) education at home and registration as such is in the interests of the learner;
(b) The parent understands, accepts and is equipped to fulfil the responsibility of home education for the learner;
(c) the proposed home education programme is suitable for the learner’s age, grade level, ability and covers the acquisition of content and skills at least comparable to the relevant national curriculum determined by the Minister; and
(d)the parent undertakes to-
(i) make suitable educational resources available to support the learner’s learning;
(ii) monitor the learner’s learning;
(iii) arrange for the learner’s educational attainment to be assessed annually by a competent assessor, approved by the Head of Department, at the parent’s own expense who will apply a standard that is not inferior to the standard expected in a public school according to the learner’s age, grade level and ability. and
(iv) provide the Head of Department with the learner’s assessment report signed by the competent assessor.
The SA Schools Act and the BELA Act are not the only laws that apply. The Constitution of South Africa, The Children’s Act and other laws also applicable.
In addition, various aspects of the Policy on Home Education may be in conflict with these laws. The policy describes how the law is to be implemented, but it is not law.
Section 28 (2) of the SA Constitution states that: “A child’s best interests are of paramount importance in every matter concerning the child.”
Why Do Many Parents Choose Not to Register?
A large percentage of home educating parents choose not to register for home education because they believe that the requirements to register violate other legally prescribed rights and responsibilities, such as:
- their right to choose the kind of education their children receive
- their responsibility to act in their children’s best interests
- their legal responsibility to protect their children’s right to privacy, which is protected by the Children’s Act.
Article 26 (3) of the Universal Declaration of Human Rights, which is referenced in the Policy on Home Education, states: “Parents have a prior right to choose the kind of education that shall be given to their children.”
Many parents believe that if this is a prior right, they should not have to apply for permission to exercise it. They question an official’s ability to decide what is in the best interest of their child. Some parents object to some of the content prescribed in the national curriculum statement. Others wish to protect their children from pre-approval home visits by state officials, as they view this as a violation of their right to privacy. These are just some reasons parents believe that their choices are reasonable and justifiable.
While most families remain in home education long-term, circumstances sometimes change and sometimes home educated children need to return to the public school system. Can they re-enroll?
Re-Enrolling in Public School After Homeschooling
Home educating parents need not fear re-admitting their children to the school system. Although the Minister made it clear that there can be ‘no guarantees’, a public school that is not full, may not refuse to admit a child of compulsory school age (7-15 years), after a period of home education, whether they were registered or not:
Children have a constitutionally protected right to receive basic education and the state must provide it for children whose parents opt out of home education. The Admission Policy for Ordinary Public Schools* says that children must be placed in the age-appropriate grade. Also read Removing and Returning a Child to School
Legal Support Both Ways
The Pestalozzi Trust has confirmed that they will support all their members, regardless of their decision to register or not, as long as it is a well-thought out decision. There is no one-size-fits-all solution for all families. Some families may indeed still have good reason for what was previously described as “lawful non-compliance,” although in the current situation, it is likely to be very few, according to their legal consultant.
These are very uncertain times, and parents SHOULD feel apprehensive and cautious about handing over decisions about their children’s education to a state official. The Department of Basic Education (DBE) is yet to show consistency across all provinces and to create an atmosphere of trust. What may seem “reasonable” from a legal point of view, to one person, may not seem “reasonable and justifiable” to another person, be it an official or a parent, and so there are many, sometimes conflicting views.
If You Register for Homeschooling
There is a perception that if you register for homeschooling and comply with the SA Schools Act that you will have no problems, but there are risks on both sides of this decision. Our article, The Pros and Cons of Registration for Home Education outlines both options so that you can make an informed choice in the best interests of YOUR family.
If you are still unsure, also read: What Could Happen if You Don’t Register?
Parents who choose to apply for registration, should keep copies of all documents and communication with the Department of Basic Education in case of delays or complications with their application. This is because the SA Schools Act also allows for the investigation and prosecution of anyone who prevents a child from receiving education.
A survey by the Pestalozzi Trust revealed that only about 20% of applications for home education receive notification of approval from their provincial education departments. If you do not receive a notification of approval withing 60 days, your application is officially deemed approved, but you should keep evidence of the date of submission.
If you do decide to register …
Footprints Guidelines for Registration with the DBE
Get help writing your letter of motivation and description of your Footprints eclectic home education plus informal learning.
Get Legal Advice. Make an Informed Choice
Families should get professional legal advice for their specific circumstances.
The Pestalozzi Trust is a national homeschool legal defence association, which parents can join for protection of their rights as homeschoolers. The Trust can also advise parents about the legalities of their particular situation.
With the correct advice, a family can make an informed choice. They can enjoy peace of mind, knowing that they have legal assistance, if it’s ever needed, while home educating, if they choose to register, or if they choose to return a child to public school.
For Peace of Mind, Keep Evidence of Learning
Whether or not you choose to register, do the following so that you can always show that your children are learning
The following is good advice to ensure you can always show that your children are being educated:
1. Document learning naturally: You don’t need to transform your home into a classroom, but maintain sufficient proof that active learning is happening.
2. Outline a basic educational plan: Establish a core framework for your child’s learning, even if your methodology is eclectic, child-led, or highly flexible.
3. Maintain a learning portfolio: Keep representative samples of work, such as book lists, photos, project notes, assessment results or learning journals, whichever reflects your chosen home education style.
4. Seek early guidance for special needs: If your child experiences developmental delays or learning barriers, consult appropriate professionals for reports and advice early on.
5. Reach out proactively: Connect with the Trust well before any legal issues arise, rather than waiting until a crisis occurs.
Shirley Erwee is an independent home education consultant and advocate for educational freedom. She has been home educating her six children since 1997. Please note that the information in this article does not constitute legal advice, and is the personal opinion of the author.
Last updated on 28 September 2026
*NOTICE NO. 2432 OF 1998 GG 19377 (19 October 1998) DEPARTMENT OF EDUCATION NATIONAL EDUCATION POLICY ACT, 1996 (ACT NO. 27 OF 1996), ADMISSION POLICY FOR ORDINARY PUBLIC SCHOOLS, Paragraphs 26-29 in that document refer to the age-grade norm. Paragraph 31 says: “In principle, learners should progress with their age cohort.”
Homeschooling and the Law in South Africa
Be prepared. Be informed. Be empowered.
Read our other articles relating to Homeschool Laws in South Africa.
- Read this first – Disclaimer
- Pros and Cons of Registration for Home Education
- Must You Register for Homeschooling?
- What Could Happen if You Don’t Register?
- Be Properly Informed of the Legalities of Homeschooling
- Registering with the Department vs A Child’s Best Interests
- Footprints Guidelines for Registration with the DBE
- Are Home Visits Legal?
- Removing or Returning a Child to School
- Cottage Schools
Homeschool Assessments, Reports and Compliance
Part 1 – Homeschool Assessments
Part 2 – Homeschool Reports
Part 3 – Should You Submit Homeschool Reports?
Curriculum Compliance
School at Home versus Eclectic Homeschooling
Footprints and CAPS
Footprints Language Arts and CAPS
Little Footprints and CAPS
Barefoot Days and CAPS