Home Education — Legal Guide
South African law, your rights & assessment obligations
SA Schools Act 84 of 1996BELA Act (2024)CAPS Aligned
Home education is fully legal in South Africa and is governed primarily by the South African Schools Act, 84 of 1996 (SASA), as amended by the Basic Education Laws Amendment Act (BELA Act), promulgated in September 2024.
The highest law of the land is the South African Constitution. Section 28(2) states:
"A child's best interests are of paramount importance in every matter concerning the child."
As a parent, you are deemed to be the best judge of your child's best interests, unless proven otherwise in a court of law. Home education is a legally recognised alternative to compulsory school attendance.
Note on BELA Act: The BELA Act is controversial and may face Constitutional Court challenges. Stay informed through organisations like SAHE (South African Home Schoolers).