S51(2)(b)(i) of the BELA Act requires that parents must undertake to "make suitable educational resources available to support the learner’s learning".

However, one of the registration conditions in S51(2)(a)(iii) is that "the proposed home education programme is suitable for the learner’s age, grade level and ability and predominantly covers the acquisition of content and skills at least comparable to the relevant national curriculum determined by the Minister". This registration condition is however vague and contradictory.

S(2)(b)(iii) requires that home learners must be assessed "against a standard that is not inferior to the standard determined in the National Curriculum Statement". This means that parents must choose a curriculum based on skills and content, but will be assessed against a standard. Since “skills and contents” and “standards” are different things, these requirements are contradictory.

How the HOD will determine whether the skills and contents of a curriculums is "at least comparable to the relevant national curriculum", nobody is able to say. If you confront officials with this, they will say that parents can use any curriculum. How assessors will determine how the standard of a curriculum other than the NCS compares with the standard of the NCS, nobody is able to say. Especially because standards apply to the collective achievement of the learners in a school. This cannot be compared to an individual learner.

Given the vague and contradictory terminology in the BELA Act, there is no way that anybody can objectively evaluate whether a curriculum meets the requirements of the act. Therefore it is up to the parent to decide what works best for them. Therefore no curriculum can be viewed as not being "legit".