- SECTION27 calls for clear definitions of “overcrowding” and “appropriate classrooms” to prevent unsafe learning conditions.
- The organisation demands enforceable deadlines and temporary infrastructure support for overcrowded schools.
- Public reporting must be mandatory to ensure transparency and track progress province by province.
South Africa’s public schools are overcrowded, under-resourced, and often structurally unsafe. Yet the Department of Basic Education’s 2025 Capacity Regulations, which aim to set minimum standards for student admissions, lack clear definitions, deadlines, and public accountability.
SECTION27, a public interest law centre known for its advocacy on constitutional rights, has presented a strong critique of these regulations. Their concern is straightforward: without prompt revisions, these rules will fail thousands of learners.
“The regulations refer to overcrowding repeatedly,” SECTION27 writes, “but they do not define it. Schools are left guessing whether one extra learner is too many, or whether unsafe classrooms should count at all.”
Unsafe classrooms, invisible learners
In rural and peri-urban areas, many schools still depend on mudbrick structures, asbestos roofs, and crumbling walls. The regulations use the term “appropriate classroom” to determine school capacity, but do not explain what that means.
SECTION27 argues that any classroom built with unsuitable materials or showing signs of structural damage must be excluded from capacity calculations. The organisation calls for consistency with the 2024 Infrastructure Regulations, which already detail unacceptable building materials and minimum safety standards.
“We cannot allow classrooms that endanger learners to be treated as acceptable simply because they exist,” the submission states.
Temporary relief, permanent accountability
The submission also points out a lack of guidance for schools already facing overcrowding. Without additional resources or promised infrastructure, many schools may struggle to meet requirements.
SECTION27 suggests temporary measures such as mobile classrooms but insists these must come with deadlines for permanent solutions. If not, these short-term fixes risk becoming the norm.
Without deadlines for implementation, the regulations may remain merely aspirational. SECTION27 urges the Department to establish enforceable timelines that align with budgeting cycles to ensure real progress.
Transparency is not optional
Unlike the Infrastructure Regulations, which require provinces to publish annual implementation reports, the Capacity Regulations lack such a mechanism. SECTION27 warns that this gap weakens public accountability and makes it harder to track progress or identify schools in crisis.
In its submission, SECTION27 calls for a mandatory annual report from each province to be submitted to the Minister and published on both the Department of Basic Education and Provincial Education Department websites. These reports must detail which schools are overcrowded, what interim measures are in place, how long those measures will last, and what long-term plans exist to solve the issue.
Importantly, SECTION27 insists these reports must include budget allocations and spending tracking directly related to overcrowding solutions.
“Without public reporting, commitments to reduce overcrowding remain vague policy aspirations rather than enforceable obligations,” SECTION27 writes.
SECTION27’s submission urges the Department to act swiftly to ensure every learner’s right to a safe and supportive learning environment.
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