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Chapter 12

PERSONNEL MATTERS

12.1 EDUCATORS EDUCATION LABOUR RELATIONS COUNCIL (ELRC)

12.1.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • Employment of Educators Act 76 of 1998, Chapter B [EEA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]

 

REGULATIONS

  • Revised Policy on the Minimum Requirements for Teacher Education Qualifications as published in the Government Gazette No. 38487, on 19 February 2015 [NR REQ]

KwaZulu-Natal

CIRCULAR

  • Circular Minute No 4 of 2010: Implementation of Collective Agreement No 4 of 2009 [Reference B4 4/2010]

WesternCape

POLICIES

  • Western Cape Education Department Gender Policy  [Reference B9 WC GP]

EasternCape

GUIDELINES

  • EC Appointments and Promotions, January 2013 [Reference B1 EC APPOINTMENTS]

12.1.2Framework for the Development of School Policy on ELRC Collective Agreements

Resolutions are decisions taken by legally constituted structures such as the ELRC and school governing bodies or the State and Teacher Unions. Resolutions have to comply with government legislation and are therefore legally binding on the parties concerned.  Sometimes a resolution can be more binding than the Act.

12.2 EDUCATORS: CODE OF CONDUCT

12.2.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • South African Council for Educators Act 31 of 2000, Code of Professional Ethics [SACE]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]
  • South African Council for Educators Act 31 of 2000 [SACE]

 

GUIDELINES

  • Personnel Administration Measures [PAM]
  • Code of Professional Ethics [SACE Ethics]

12.2.2Framework for the Development of School Policy on Educators: Code of Conduct

  1. SACE Code of Professional Ethics
    • DEFINITIONS
      In this Code, unless the context indicates otherwise any word or phrase defined in the South African Council for Educators Act, 2000 has that meaning and:

      • Code’ means the Code of Professional Ethics of the South African Council for Educators;
      • Council’ means the South African Council for Educators;
      • ‘Educator’ means any educator registered or provisionally registered with the Council;
      • Learner’ means a pupil or a student at any early learning site, school, further education and training institution or adult learning centre;
      • ‘Parent’ means:
        • any natural parent or guardian of a learner;
        • any person legally entitled to custody of a learner; or
        • any person who undertakes to fulfil the obligations of a person referred to in paragraphs or towards the learner’s education at school.
    • GENERAL
      The educators who are registered or provisionally registered with the South African Council for Educators:

      • acknowledge the noble calling of their profession to educate and train the learners of our country;
      • acknowledge that the attitude, dedication, self-discipline, ideals, training and conduct of the teaching profession determine the quality of education in this country;
      • acknowledge, uphold and promote basic human rights, as embodied in the Constitution of South Africa;
      • commit themselves therefore to do all within their power, in the exercising of their professional duties, to act in accordance with the ideals of their profession, as expressed in this Code; and
      • act in a proper and becoming way such that their behaviour does not bring the teaching profession into disrepute.
    • CONDUCT: THE EDUCATOR AND THE LEARNER
      An educator:

      • respects the dignity, beliefs and constitutional rights of learners and in particular children, which includes the right to privacy and confidentiality;
      • acknowledges the uniqueness, individuality, and specific needs of each learner, guiding and encouraging each to realise his or her potentialities;
      • strives to enable learners to develop a set of values consistent with the fundamental rights contained in the Constitution of South Africa;
      • exercises authority with compassion;
      • avoids any form of humiliation, and refrains from any form of abuse, physical or psychological;
      • refrains from improper physical contact with learners;
      • promotes gender equality;
      • refrains from any form of sexual harassment (physical or otherwise) of learners;
      • refrains from any form of sexual relationship with learners at a school;
      • uses appropriate language and behaviour in his or her interaction with learners, and acts in such a way as to elicit respect from the learners;
      • takes reasonable steps to ensure the safety of the learner;
      • does not abuse the position he or she holds for financial, political or personal gain;
      • is not negligent or indolent in the performance of his or her professional duties; and
      • recognises, where appropriate, learners as partners in education.
    • CONDUCT: THE EDUCATOR AND THE PARENT
      An educator, where appropriate:

      • recognises the parents as partners in education, and promotes a harmonious relationship with them; and
      • does what is practically possible to keep parents adequately and timeously informed about the well-being and progress of the learner.
    • CONDUCT: THE EDUCATOR AND THE COMMUNITY
      An educator:

      • recognises that an educational institution serves the community, and therefore acknowledges that there will be differing customs, codes and beliefs in the community; and
      • conducts him/herself in a manner that does not show disrespect to the values, customs and norms of the community.
    • CONDUCT: THE EDUCATOR AND HIS OR HER COLLEAGUES
      An educator:

      • refrains from undermining the status and authority of his or her colleagues;
      • respects the various responsibilities assigned to colleagues and the authority that arises therefrom, to ensure the smooth running of the educational institution;
      • uses proper procedures to address issues of professional incompetence or misbehaviour;
      • promotes gender equality and refrains from sexual harassment (physical or otherwise) of his or her colleagues;
      • uses appropriate language and behaviour in his or her interactions with colleagues;
      • avoids any form of humiliation, and refrains from any form of abuse (physical or otherwise) towards colleagues.
    • CONDUCT: THE EDUCATOR AND THE PROFESSION
      An educator:

      • acknowledges that the exercising of his or her professional duties occurs within a context requiring co-operation with and support of colleagues;
      • behaves in a way that enhances the dignity and status of the teaching profession and that does not bring the profession into disrepute;
      • keeps abreast of educational trends and developments;
      • promotes the ongoing development of teaching as a profession;
      • accepts that he or she has a professional obligation towards the education and induction into the profession of new members of the teaching profession.
    • CONDUCT: THE EDUCATOR AND HIS OR HER EMPLOYER (See Chapter 12.3; Discrimination)
      An educator:

      • recognises the employer as a partner in education;
      • acknowledges that certain responsibilities and authorities are vested in the employer through legislation, and serves his or her employer to the best of his or her ability;
      • refrains from discussing confidential and official matters with unauthorised persons.
    • CONDUCT: THE EDUCATOR AND THE COUNCIL
      An educator:

      • makes every effort to familiarise him/herself and his/her colleagues with the provisions of the Code;
      • complies with the provisions of this Code;
      • discloses all relevant information to the Council;
      • informs Council and/or relevant authorities of alleged or apparent breaches of the Code within his/her knowledge;
      • co-operates with the Council to the best of his or her ability; and
      • accepts and complies with the procedures and requirements of the Council, including but not limited to the Registration Procedures, the Disciplinary Procedures of the Council and the payment of compulsory fees.
  2. Personnel Administration Measures (PAM)
    With reference to a code of conduct for educators, PAM indicates the following as core duties of educators during and outside a formal school day:

    • During the formal school day
      • Scheduled teaching time
      • Relief teaching
      • Extra and co-curricular duties
      • Pastoral duties (ground, detention, scholar patrol etc.).
      • Administration
      • Supervisory and management functions
      • Professional duties (meetings, workshops, seminars, conferences etc.)
      • Planning, preparation and evaluation.
    • Outside the formal school day
      • Planning, preparation and evaluation
      • Extra and co-curricular duties
      • Professional duties (meetings, workshops, seminars, conferences etc.)
      • Professional development

12.3 EDUCATORS: DISCRIMINATION IN SCHOOLS

12.3.1Legislative and Policy Framework

ACTS

  • The Constitution of the Republic of South Africa (Act 108 of 1996) [SAC]
  • Chapter 2 of The Bill of Rights, Section 29(3)(c) provides for quality education to all citizens, Section 9(3) provides for non-discrimination on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth, Section 18 provides for freedom of association [BoR]
  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]
  • South African Council for Educators Act 31 of 2000 [SACE]
  • Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 [PEPUD]

 

REGULATIONS

  • Employment Equity Act, 1998, General Administrative Regulations, 2009 [NR ADMIN]

 

GUIDELINES

  • Personnel Administration Measures [PAM]
  • Code of Professional Ethics [SACE Ethics]

 

OTHER SOURCES

  • Values in Action, (Department of Basic Education, 2012) [See Reference C VALUES]

12.3.2Framework for the Development of School Policy on Educators: Discrimination in Schools

  1. Summary of the Promotion of Equality and Prevention of Unfair Discrimination Act, no. 4 of 2000
    The Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 is a law preventing individuals, companies, organizations and government departments from discriminating against anyone on the grounds of race, gender, disability, sexual orientation or religion/belief.

    • What Is Racial Discrimination?
      According to the Act, racial discrimination can be any of the following acts:

      • Hate speech, i.e. spreading hatred or distrust towards a particular group of people;
      • Providing inferior services to certain groups or individuals: If a person or institution provides poorer services to a person or group, and it can be shown that it is because of that person or group’s race, then the person or institution has broken the law.
      • Denying access to services and contracts, based on a person’s race.
      • Promoting the people of one race only, using methods that may appear legitimate, but have the effect of excluding all people of another race group.
    • What Is Gender Discrimination?
      • Refusing a person access to activities because of their race or gender is discrimination.
      • Gender discrimination means discriminating against someone because of their gender, i.e. the fact that they are male or female. Both males and females can be discriminated against, but in practice, females are more often the victims of gender discrimination.
      • According to the Act, any traditional, customary or religious practice that puts women and girls on an unequal footing with men is gender discrimination. This includes any of the following:
        • female genital mutilation;
        • preventing women from inheriting property;
        • any policy which denies women land rights and finances;
        • preventing pregnant girls and women from continuing with their education. This means that a schoolgirl who falls pregnant may not be barred from school;
        • preventing women from remaining in employment because of pregnancy; and/or
        • preventing women from doing certain types of jobs because they are women.
    • What Is Discrimination on the Grounds of Disability?
      Discrimination on the grounds of disability means denying a person with a disability access to jobs, education and facilities because of their disability. So, the owners of an institution that has no physical access for the disabled, such as wheelchair ramps, is practising discrimination.
    • Equality Courts
      • The Act establishes Equality Courts, where discrimination cases are heard. Any High Court or Magistrate’s Court can be an Equality Court once the staff have received the required training.
      • Any person or institution, acting on their own behalf or on behalf of someone else, can take a case to the Equality Court. In Equality Court cases, the respondent, not the complainant, bears the onus of proof. This means that it is up to the respondent (the one accused of discrimination) to prove that he or she is innocent. If he or she cannot do so, the court holds him or her guilty of discrimination.
  2. Summary of the Employment Equity Act, 55 of 1998, issued in terms of Section 25(1)
    • Chapter 1 – Definitions, purpose, interpretation and application
      • Purpose of the Act: Section 2
        The purpose of the Act is to achieve equity in the workplace, by

        • promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and
        • implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, to ensure their equitable representation in all occupational categories and levels in the workforce.
      • Application of the Act: Section 4
        • Chapter II (sections 5 – 11) applies to all employers and employees.
        • Chapter III (sections 12 – 27) applies to designated employers.
        • A designated employer means an employer who employs 50 or more employees, or has a total annual turnover as reflected in Schedule 4 of the Act, municipalities and organs of state. Employers can also volunteer to become designated employers.
        • A designated group means black people, women, or people with disabilities.
        • The South African National Defence Force, National Intelligence Agency, and South African Secret Services are excluded from this Act.
    • Chapter 2 – Prohibition of Unfair Discrimination
      • No person may unfairly discriminate, directly or indirectly, against an employee in any employment policy or practice, on one or more grounds including race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth.
      • It is not unfair discrimination to promote affirmative action consistent with the Act or to prefer or exclude any person on the basis of an inherent job requirement.
      • Medical Testing: Section 7
        • Medical testing of an employee is permissible only when legislation requires testing or when this is justifiable for various reasons.
        • HIV testing is prohibited unless such testing is determined to be justifiable by the Labour Court.
      • Psychological Testing: Section 8
        Psychological testing and similar assessments are prohibited, unless the test is scientifically valid and reliable, can be applied fairly to all employees, and is not biased against any employee or group.
      • Disputes concerning this Chapter: Section 10
        • An employee, or applicant for employment, may refer a dispute concerning alleged unfair discrimination (or medical or psychological testing) to the CCMA for conciliation. This must be done within six months of the alleged discrimination (or testing)..
        • If a dispute is not resolved at conciliation, a party may refer it to the Labour Court for adjudication. The parties to a dispute may also agree to refer the dispute to arbitration.
        • Unfair dismissal disputes in which unfair discrimination is alleged must be dealt with in terms of the Labour Relations Act. The dismissal must be referred to the CCMA within 30 days.
    • Chapter 3 – Affirmative Action
      • Duties of a Designated Employer: Section 13
        • A designated employer must implement affirmative action measures for designated groups to achieve employment equity.
        • In order to implement affirmative action measures, a designated employer must:
          • consult with employees;
          • conduct an analysis;
          • prepare an employment equity plan; and
          • report to the Director-General on progress made in the implementation of the plan.
      • Affirmative Action measures: Section 15
        • Affirmative action measures are measures intended to ensure that suitably qualified employees from designated groups have equal employment opportunity and are equitably represented in all occupational categories and levels of the workforce.
        • Such measures must include:
          • identification and elimination of barriers with an adverse impact on designated groups;
          • measures which promote diversity;
          • making reasonable accommodation for people from designated groups;
          • retention, development and training of designated groups (including skills development); and
          • preferential treatment and numerical goals to ensure equitable representation. This excludes quotas.
      • Designated employers are not required to take any decision regarding an employment policy or practice that would establish an absolute barrier to prospective or continued employment or advancement of people not from designated groups.
      • Consultation: Sections 16 and 17
        A designated employer must take reasonable steps to consult with representatives of employees representing the diverse interests of the workforce on the conducting of an analysis, preparation and implementation of a plan, and on reporting to the Director-General.
      • Disclosure of Information: Section 18
        To ensure meaningful consultation, the employer must disclose relevant information to the consulting parties, subject to section 16 of the Labour Relations Act 66 of 1995.
      • Analysis: Section 19
        A designated employer must conduct an analysis of employment policies, practices, procedures, and working environment so as to identify employment barriers that adversely affect members of designated groups. The analysis must also include the development of a workforce profile to determine to what extent designated groups are under-represented in the workplace.
      • Employment Equity Plan: Section 20
        A designated employer must prepare and implement a plan to achieve employment equity, which must:

        • have objectives for each year of the plan;
        • include affirmative action measures;
        • have numerical goals for achieving equitable representation;
        • have a timetable for each year;
        • have internal monitoring and evaluation procedures, including internal dispute resolution mechanisms; and
        • identify persons, including senior managers, to monitor and implement the plan.
      • Report : Section 21
        • An employer who employs fewer than 150 employees must submit its first report to the Director-General within 12 months after the commencement of the Act, and thereafter every 2 years on the first working day of October.
        • An employer who employers 150 or more employees, must submit its first report 6 months after the commencement of the Act, and thereafter every year on the first working day of October.
      • Designated employer must assign a manager: Section 24
        A designated employer must assign one or more senior managers to ensure implementation and monitoring of the employment equity plan and must make available necessary resources for this purpose.
      • Income Differentials : Section 27
        A statement of remuneration and benefits received in each occupational category and level of the workforce must be submitted by a designated employer to the Employment Conditions Commission (ECC).
        Where there are disproportionate income differentials, a designated employer must take measures to reduce it progressively. Such measures may include collective bargaining, compliance with sectoral determinations (section 51 of the Basic Conditions of Employment Act); the application of norms and benchmarks recommended by the ECC, relevant measures contained in skills development legislation, and any other appropriate steps.

12.3.3Guidelines for The Development Of School Policy On Discrimination In Schools

  1. What legislation states on discrimination in schools
    • The Constitution states that no one can be unfairly discriminated against on the basis of their culture. This means that all cultures are equally valued. (Chapter 2, Bill of Rights, ss. 9(1), 9(2), 9(3), 9(4), (30) and (31))
      The South African Schools Act is also very clear that culture cannot be a reason to exclude any learner from a school.  This does not only apply to the different cultures of South Africa. It also applies to those who are from other countries. (Preamble to the South African Schools Act, no. 84 of 1996)
    • The Constitution states that no one can be unfairly discriminated against on the basis of their religion. (Chapter 2, Bill of Rights, ss. 9(1), 9(2), 9(3), 9(4), and (15))
      In the South African School Act (section 7), it states that: “…religious observances may be conducted at a public school under rules issued by the governing body if such observances are conducted on an equitable basis and attendance at them by learners and members of staff is free and voluntary.”
    • The Constitution states that no one can be unfairly discriminated against on the basis of the language they use to communicate. (Chapter 2, Bill of Rights, ss. 9(1), 9(2), 9(3), 9(4) and (30))
      The Constitution gives official status to 12 South African languages, including South African Sign Language. (Constitution of the Republic of South Africa, No. 108 of 1996, section 6)
      The Constitution provides for redress and equality in the use and development of South African languages.
      Some of the laws guiding languages and their use and status at schools include:

      • The governing body may determine the language policy of the school subject to the Constitution and other relevant laws.
      • No form of racial discrimination may be practiced when implementing a school’s language policy. (South African Schools Act, no. 84 of 1996 – section 6(3)
      • Home language/s must be maintained while opportunities to learn additional language/s are offered.
      • Sign Language has the status of an official language for purposes of learning at a school. (South African Schools Act, no. 84 of 1996 – section 6(4)
      • The learning and teaching of all other languages required by learners must be supported.
      • Languages other than South Africa’s official languages can be offered as school subjects.
    • The Constitution states that no one can be unfairly discriminated against on the basis of their race. (Chapter 2, Bill of Rights, ss. 9(1), 9(2), 9(3) and 9(4))
      • The South African Schools Act is also very clear that race cannot be a reason to exclude any learner from the school. This does not only apply to the different races of South Africa. It also applies to those from other countries. (South African Schools Act, no. 84 of 1996 – section 6(3)
    • The Constitution states that no one can be unfairly discriminated against on the basis of their gender or sexual orientation.  (Chapter 2, Bill of Rights, ss. 9(1), 9(2), 9(3) and 9(4))
      • Under the Equality clause (Section 9) of the South African Constitution, we may not discriminate directly or indirectly against anyone because of their gender or sexual orientation.
      • The Constitution (Chapter 2, Bill of Rights, ss. 9(2), 9(3) and 9(4)) and the South African Schools Act (South African Schools Act, no. 84 of 1996 – section 20(8) are very clear that all policies and practices at schools must support equity and equality between genders.
      • Important issues linked to human rights and gender that schools must be aware of, and adopt policies for, include:
        • Sexual harassment;
        • Gender-based violence; and
        • Learner pregnancies
      • Sexual orientation refers to emotional, romantic or sexual attraction to men; women; both genders; neither gender; or another gender.
      • Some people are attracted to the opposite sex. We refer to these people as heterosexuals or straight.
      • Some people do not experience sexual attraction to another person.  We refer to these people as asexual.
      • Some people are attracted to the same sex. We refer to these people as homosexuals. Men who are attracted to men are called gay. Women who are attracted to women are called lesbians.
      • Some people are attracted to both sexes. We refer to these people as bisexuals.
      • Sexual orientation includes gender identity. Some people have a heterosexual gender identity (male-female). Some people identify with the gender of the opposite sex. That is, a man – with a male anatomy – feels more like a woman; or a woman – a female anatomy – who feels more like a man. We refer to these people as having a transgender identity.
      • Some people choose to change their sex anatomy by having a sex change operation and hormone treatment. We refer to these people as transsexuals.
    • Homosexuality
      How does the law protect the rights of homosexuals?
      The Prevention of Discrimination and Promotion of Equality Act of 2000 prohibits discrimination, including ‘hate speech’ (section 2(c), 2(e) and 10), on the basis of, amongst other grounds, gender and sexual orientation.

      • Marriage
        • The Act (The Prevention of Discrimination and Promotion of Equality Act of 2000, s.1(1)(XV)  also redefines the word “marital relationship” to include people who are in a same-sex relationship.
        • Homosexuals can marry in a magistrate’s court.
        • The Act also opens the way for same-sex couples to adopt children.
        • Homosexual partners can receive pensions and other benefits from state institutions and foreign homosexual partners of South Africans are recognised as married for the purposes of receiving permanent residence.
      • Work
        It is a criminal offence for individuals and institutions to discriminate against homosexuals by refusing to employ them or give them the same benefits as married couples.
      • Clubs and institutions
        Homosexuals may not be denied membership to any private clubs and institutions. This includes churches, depending on the interpretation given by the special ‘Equality Courts’ (The Prevention of Discrimination and Promotion of Equality Act of 2000, s.16) established to adjudicate such matters.
    • The principle of inclusion is one of the fundamental pillars on which our education system is built.
      In the Education White Paper 6 on Special Needs Education: Building an Inclusive Education and Training System (2001), inclusive education is about:

      • Acknowledging that all children and youth can learn and that all children and youth need support.
      • Accepting and respecting that all learners are different in some way and have different learning needs which are equally valued and an ordinary part of our human experience.
      • Enabling education structures, systems and learning methodologies to meet the needs of all learners.
      • Acknowledging and respecting differences in learners whether due to age, gender, ethnicity, language, class, and disability or HIV status.
      • Changing attitudes, behaviour, teaching methods, curricula and the environment to meet the needs of all learners.
      • Maximising the participation of all learners in the culture and the curricula of educational institutions and uncovering and minimising barriers to learning.
      • Empowering learners by developing their individual strengths and enabling them to participate critically in the process of learning.
      • Acknowledging that learning also occurs in the home and community, and within formal and informal modes and structures.
    • Both the Constitution (Section 29(1)) and the South African Schools Act (Section 5(1))state that everyone has the right to an education, and cannot be excluded through unfair discrimination – as well as exclusion on the basis of one’s HIV status.
      The National Policy on HIV and AIDS for public schools and FET institutions states:

      • Learners living with HIV and AIDS should lead as full a life as possible and should not be denied the opportunity to receive an education to the maximum of their ability (Section 2.6).
      • Learners have the right to attend the school or FET College of their choice, and may not be denied admission because of their HIV or AIDS status. The school or SGB cannot force a learner to take an HIV test (Section 5.1).
      • Learners living with HIV and AIDS are expected to attend classes, and their needs must, as far as possible, be accommodated by the school/FET institution (Section 5.2).
      • Learners and school staff with HIV and AIDS should be treated in a just, humane and life-affirming way.
      • Only a suitably qualified person (such as a medical doctor) can decide whether a learner or school staff member presents a significant health risk to others. If such a decision is made, then appropriate steps must be taken to ensure that such persons do not put others at risk.
    • The South African Schools Act (Section 8 (1) states that: “A governing body of a public school must adopt a code of conduct for the learners after consultation with the learners, parents and educators of the school”.
      All members of the school community should be clear about the kinds of behaviour the school considers acceptable, and unacceptable.
  2. Example of a School Policy Statement (Adopted and adapted from: Education Rights for Learners, Parents and Educators, Book 16 – The Centre for Education Rights and Transformation, University of Johannesburg.)
    The Governing Body regards the promotion of human rights in the school as important. It is through the promotion of the values in our constitution that we are able to create a safe and secure learning environment in which all learners and staff members can express themselves respectfully and realise their full potential as remarkable human beings.

    • Aims and values
      Our school welcomes its duties under the South African Constitution and the South African Schools Act. These duties reflect our core aims and values. We are committed to:

      • Promote the rights of human beings as expressed in the Constitution and Bill of Rights.
      • Promoting equality of opportunity.
      • Promoting good relationships between members of different genders, sexual orientations, foreigners, cultural, racial and religious groups.
      • Eliminating unlawful discrimination based on gender, sexual orientation, national origin, racial group and religious association.
    • Responsibilities
      All members of the school community have a responsibility to comply with this policy and its procedures and behave in a manner that respects all people.
      The implementation of this policy and its ongoing monitoring and evaluation is the responsibility of the Wellness and Safety Committee of the school. This committee is:

      • Accountable to the management of the school for its implementation.
      • Responsible for resolving health and wellness, and the safety and security concerns brought to their attention.
    • Staff and learners
      Every learner should be helped to develop a sense of personal pride and identity in which they are confident and respectful towards other people’s identities.

      • Learners are expected to:
        • Report any behaviour that harms others immediately to their teachers, HODs or Principal.
        • Take reasonable care for the wellbeing and safety of themselves and other persons who may be affected by their acts or omissions.
      • The School Governing Body (SGB) is responsible for ensuring that:
        • The school fulfils its legal responsibilities in upholding respect for human rights.
        • This policy and its related procedures and strategies are implemented, monitored and reviewed regularly.
      • All staff members are expected to:
        • Deal with incidents of discrimination that may occur by reporting the incidents directly to the Principal.
        • Promote equal opportunities and good relations amongst all members of the school community.
        • Incorporate principles of equality and respect for diversity in all aspects of their work.
        • Create teaching lesson plans to include exploration of diversity and non-discrimination.
        • Promote school activities that respectfully engage with the experiences of people based on gender, sexual orientation, national origin, ‘race’ and religion.
        • Teach respect and appreciation for diversity and equality.
        • Be able to recognise and tackle discrimination, bias and stereotyping.
        • Provide confidentiality in reporting all forms of harassment and discrimination.
        • Know that harassment and discrimination will result in action.
      • The School Management Team (SMT) is expected to:
        • Ensure that the policy is implemented.
        • Report to the principal and SGB on matters covered in this policy.
        • Establish competence and awareness regarding wellness and safety of learners, staff and parents
        • Attend to effective communication and conflict management training.
        • Ensure that all staff and learners report potential issues of discrimination immediately.
        • Implement appropriate wellness and safety management systems throughout the school.
        • Adequately train all staff members and students on issues of diversity and the importance of protecting the rights of all from discrimination.
        • Ensure that the policy is communicated to all new staff, learners and parents.
        • Take appropriate action in any case of unlawful discrimination.
    • Policy planning and review
      • Ensure that the school policy informs all policies and procedures adopted by the school. For example:
        The principal will ensure that the policy’s principles and procedures (as listed above) apply to the full range of the school’s policies and practices including those that are concerned with:

        • learners progress, attainment and assessment;
        • behaviour, discipline and codes of conduct ;
        • teaching and learning;
        • admissions and attendance;
        • staff recruitment and professional development.
      • The school staff must commit to work with parents and guardians and with the wider community, to challenge and eliminate all forms of discrimination. We will commit to personally follow and promote good practice. We will promote equality and challenge discrimination in many ways including:
        • Developing opportunities to celebrate the richness and diversity of different identities and cultures;
        • Reporting all incidents of discrimination;
        • Eliminating the use of negative images, language and stereotypes used to offend people on the grounds of gender, sexual orientation, national origin, racial group and religious association;
        • Promoting the talents and skills of all members of our school community in academic activity, sport, arts and culture and leadership.
    • Implementing policy
      We will incorporate action plans that specifically speak to the protection of rights for gender, sexual orientation, refugee status, racial group and religious association. These action plans will be included in the School Improvement Plan. This includes:

      • Identification of the resources required to meet the needs of staff and learners in appropriate ways;
      • The means by which the school’s policy and procedures are made known to staff, learners, parents, guardians and the wider community;
      • The frequency with which the policy and action plans will be reviewed to ensure that they remain relevant in creating a positive school culture free of discrimination.
    • Breaches of the school policy
      • Measures for persons found guilty in violation of policy can consist of verbal reprimand, suspension or expulsion as specified in the Code of Conduct.
      • All incidents of discrimination will be regarded as serious matters, and dealt with as stated in the school’s Code of Conduct.
      • Learners who unfairly discriminate or harm another person because of their gender identity or sexual orientation should expect to face the negative consequences of their behaviour as specified in the school’s Code of Conduct.

12.4 EDUCATOR: NORMS AND STANDARDS FOR EDUCATORS

12.4.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998, Chapter B [EEA]

 

POLICY

  •  Revised Policy on the Minimum Requirements for Teacher Education Qualifications (Government (Gazette No. 38487, 2015) [NP 38487/2015]
  • Policy on the South African Standard for Principalship, Government Gazette No. 39827, dated 18 March 2016 [NP SASP]

 

GUIDELINES

Limpopo

GUIDELINE

  • Limpopo Form: Amended Performance Agreement [See Reference B5 LIM PERFORMANCE]

NorthWest

ACTS

  • North West Schools Education Act, Act no. 3 of 1998 [Reference B8 NW EDACT 3/1998]

 

GUIDELINES

  • North West Province: Induction Framework for School Based Teachers (2014) [Reference B8 NW FRAMEWORK]

12.4.2Framework for the Development of School Policy on Educators

  1. Collective roles of teachers in a school (Appendix A: Revised Policy on the Minimum Requirements for Teacher Education Qualifications)
    These roles should be understood as everyday functions of the collective of all educators at a school. They seldom have to be carried out completely, in all their detail, or all of the time by individual educators. However, individual educators will carry out the roles appropriate to their specific position in the school. All classroom teachers will develop in the seven roles as appropriate to their practice. The roles of teachers are:

    • Specialist in a phase, subject discipline or practice
      The educator will be well grounded in the knowledge, skills, values, principles, methods and procedures relevant to the phase, subject, discipline or practice. The educator will know about different approaches to teaching and learning (and, where appropriate, research and management), and how these may be used in ways which are appropriate for the learners and the context. The educator will have a well developed understanding of the knowledge appropriate to the specialisation.
    • Learning mediator
      The educator will mediate learning in a manner which is sensitive to the diverse needs of learners including those with barriers to learning), construct learning environments that are appropriately contextualised and inspirational and communicate effectively, showing recognition of, and respect for the differences among learners. In addition, an educator will demonstrate sound knowledge of subject content and various principles, strategies and resources appropriate to teaching in a South African context.
    • Interpreter and designer of learning programmes and materials
      The educator will understand and interpret provided learning programmes, design original learning programmes, identify the requirements for a specific context of learning and select and prepare suitable textual and visual resources for learning. The educator will also select the sequence and pace of learning in a manner sensitive to the differing needs of both the subject and the learners.
    • Leader, administrator and manager
    • The educator will make decisions appropriately to his/her level, manage learning in the classroom, carry out classroom administrative duties efficiently and participate in school decision-making structures. These competencies will be performed in ways which are democratic, which support learners and colleagues and which demonstrate responsiveness to changing circumstances and needs.
    • Scholar, researcher and lifelong learner
    • The educator will achieve ongoing personal, academic, occupational and professional growth, through pursuing reflective study and research in their chosen field, in broader professional and educational matters and in other related fields.
    • Assessor
      The educator will understand that assessment is an essential feature of the teaching and learning process and know how to integrate it into this process. The educator will have an understanding of the purposes, methods and effects of assessment and be able to provide helpful feedback to learners. The educator will design and manage both formative and summative assessments in ways that are appropriate to the level and purpose of the learning and meet the requirements of accrediting bodies. The educator will keep detailed and diagnostic records of assessment results. The educator will understand how to interpret and use assessment results. The educator will understand how to interpret and use assessment results to feed into processes for the improvement of learning programmes.
    • Community, citizenship and pastoral role
      The educator will practise and promote a critical, committed and ethical attitude towards developing a sense of respect and responsibility towards others. The educator will uphold the Constitution and promote democratic values and practices in schools and society. Within the school, the educator will demonstrate an ability to develop a supportive and empowering environment for the learner, and respond to the educational and other needs of learners and fellow-educators. Furthermore, the educator will develop supportive relationships with parents and other key persons and organisations, based on a critical understanding of community and environmental development issues. One critical dimension of this role is HIV/AIDS education.
  2. Basic Competencies of a Beginner Teacher (Appendix C: Revised Policy on the Minimum Requirements for Teacher Education Qualifications)
    The following are the minimum set of competencies of a beginner teacher.

    • Newly qualified teachers must have a sound subject knowledge.
    • Newly qualified teachers must know how to teach their subject(s) and how to select, determine the sequence and pace of content in accordance with both subject and learner needs.
    • Newly qualified teachers must know who their learners are and how they learn; they must understand their individual needs and tailor their teaching accordingly.
    • Newly qualified teachers must know how to communicate effectively in general, as well as in relation to their subject(s), in order to mediate learning.
    • Newly qualified teachers must have highly developed literacy, numeracy, and Information Technology (IT) skills.
    • Newly qualified teachers must be knowledgeable about the school curriculum and be able to unpack its specialised content, as well as being able to use available resources appropriately, so as to plan and design suitable learning programmes.
    • Newly qualified teachers must understand diversity in the South African context in order to teach in a manner that includes all learners. They must also be able to identify learning or social problems and work in partnership with professional service providers to address these.
    • Newly qualified teachers must be able to manage classrooms effectively across diverse contexts in order to ensure a conducive learning environment.
    • Newly qualified teachers must be able to assess learners in reliable and varied ways, as well as being able to use the results of assessment to improve teaching and learning.
    • Newly qualified teachers must have a positive work ethic, display appropriate values and conduct themselves in a manner that befits, enhances and develops the teaching profession.
    • Newly qualified teachers must be able to reflect critically on their own practice, in theoretically informed ways and in conjunction with their professional community of colleagues in order to constantly improve and adapt to evolving circumstances.

12.5 EDUCATORS: WORKLOAD OF EDUCATORS

12.5.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • South African Council for Educators Act 31 of 2000 [SACE]
  • Employment of Educators Act 76 of 1998 [EEA]

 

POLICIES

  • Policy on the South African Standard for Principalship, Government Gazette No. 39827, dated 18 March 2016 [NP SASP]

 

REGULATIONS

  • Education Labour Relations Council (ELRC) – ELRC Resolution No 7 of 1998 [NR ELRC7]

 

GUIDELINES

  • Code of Professional Ethics [SACE Ethics]
  • Personnel Administration Measures [PAM]

KwaZulu-Natal

GUIDELINES

  • KZN HRM Circular 10/2010 Directives on Official Working Hours and Working Arrangements [Reference B4 10/2010]

Limpopo

GUIDELINE

  • Also see Reference B5 LIM PERFORMANCE for a possible workload and performance agreement with educators or workers

NorthWest

ACTS

  • North West Schools Education Act, Act no. 3 of 1998 [Reference B8 NW EDACT 3/1998]

 

GUIDELINES

  • North West Province: Induction Framework for School Based Teachers (2014) [Reference B8 NW FRAMEWORK]

WesternCape

POLICY

  • WCED Circular 0212/2003 Policy for the management of institution-based educators at schools [Reference B9 02012/2003]

12.5.2Framework for the Development of School Policy on Educators: Workload of Educators

(See Pam Chapter A4)

  1. The Core duties of an Educator
    During the formal school day:

    • Scheduled teaching time
    • Relief teaching
    • Extra and co-curricular duties
    • Pastoral duties (ground, detention, scholar patrol etc.).
    • Administration
    • Supervisory and management functions
    • Professional duties (meetings, workshops, seminars, conferences etc.)
    • Planning, preparation and evaluation.
      Outside the formal school day:
    • Planning, preparation and evaluation
    • Extra and co-curricular duties
    • Professional duties (meetings, workshops, seminars, conferences etc.)
    • Professional development
  2. Working hours and workload
    The expectation is that every educator must be able to account for 1800 actual working hours per annum.  If this is divided by 200 school days per annum, the educator should spend at least 9 hours on school work per day in the case of a 200 day school year.

    • Workload per educator
      • All educators should be at school during the formal school day, which should not be less than 7 hours per day, except for special reasons and with the prior permission of the Principal. The Principal will exercise his/her discretion in this regard based upon provincial policy. The 7 hour day includes the breaks and the period(s) in which the learners are not at school.
      • Scheduled teaching time during the formal school day will be specified with time allocation per post level. The allocation of subjects, timetable and resultant scheduled teaching time to be determined by the Principal in consultation with the educator staff.
      • All other duties are specified and allocated by the Principal after consultation with the educator staff. Educators will be expected to perform the core duties, as outlined in paragraph (b), both within and outside the formal school day, and with the understanding that none of these may diminish the overall amount of scheduled teaching time or negatively impact upon the curriculum.
      • All educators may be required by the employer to attend programmes for ongoing professional development, up to a maximum of 80 hours per annum. These programmes are to be conducted outside the formal school day or during the vacations. The employer shall give at least one term’s notice of programmes to be conducted during the school vacations.
    • Scheduled teaching time per post level
      • The time allocated for teaching in respect of different post levels will differ according to the size of the In smaller schools Principals and their Deputies are required to do more teaching than in large schools with bigger staff establishments. The actual hours must therefore be established in relation to the curriculum needs of the school, the timetable and the staff establishment.
      • The allocation of scheduled teaching time should be done in such a manner that it:
        • maximises the individual abilities of all educators;
        • optimises teaching and learning at the institutional level;
        • in general terms, the following may be considered as guidelines in determining the scheduled teaching time:
          PRIMARY SCHOOL
          Post Level 1 Between 85% and 92%
          Post Level 2 Between 85% and 90%
          Deputy Principal 60%
          Principal Between 10% and 92 % depending on which post level appointment to
          N.B. Principals at post level 1 are expected to teach 100% of the scheduled teaching time
        • SECONDARY SCHOOL
          Post Level 1 Between 85% and  90%
          Post Level 2 85%
          Deputy Principal 60%
          Principal Between 5% and 60% depending on which post level appointment to
  3. Duties and responsibilities of educators
    In addition to the core duties and responsibilities specified in this section, certain specialised duties and responsibilities may be allocated to staff in an equitable manner by the appropriate representative of the employer.

 

  1. PRINCIPAL (PAM chapter A, Annexure A7) JOB TITLE: Educator – public school
    See also Reference List C [PRINCIPALS]
    RANK: Principal
    POST LEVEL: 4
  2. THE AIM OF THE JOB
    1. To ensure that the school is managed satisfactorily and in compliance with applicable legislation, regulations and personnel administration measures as prescribed.
    2. To ensure that the education of the learners is promoted in a proper manner and in accordance with approved policies.
  3. CORE DUTIES AND RESPONSIBILITIES OF THE JOBThe duties and responsibilities of the job are individual and varied, depending on the approaches and needs of the particular school, and include, but are not limited to, the following:
    1. General/administrative
      1. To be responsible for the professional management of a public school as contemplated in section 16A(3) of SASA, and to carry out duties which include, but are not limited to –
        1. The implementation of all the educational programmes and curriculum activities;
        2. The management of all educators and support staff;
        3. The management of the use of learning support material and other equipment
        4. The performance of functions delegated to him of her by the HoD in terms of SASA
        5. The safekeeping of all school records; and
        6. The implementation of policy and legislation. (SASA, section 16A(2)(a)(i) (vi))
      2. To give proper instructions and guidelines for timetabling, admission and placement of learners.
      3. To have various kinds of school accounts and records properly kept and to make the best use of funds for the benefit of the learners in consultation with the appropriate structures.
      4. To ensure a school journal containing a record of all-important events connected with the school is kept.
      5. To make regular inspections of the school to ensure that the school premises and equipment are being used properly and that good discipline is being maintained.
      6. To be responsible for the hostel and all related activities including the staff and learners, if one is attached to the school.
      7. To ensure that departmental circulars and other information received which affect members of the staff are brought to their attention as soon as possible and are stored in an accessible manner.
      8. To handle all correspondence received at the school.
    2. Personnel
      1. To provide professional leadership within the school.
      2. To guide, supervise and offer professional advice on the work and performance of all staff in the school and, where necessary, to discuss and write or countersign reports on teaching, support, non-teaching and other staff.
      3. To ensure that workloads are equitably distributed among the staff.
      4. To be responsible for the development of staff training programmes, both schoolbased, school-focused and externally directed, and to assist educators, particularly new and inexperienced educators, in developing and achieving educational objectives in accordance with the needs of the school.
      5. To participate in agreed school/educator appraisal processes in order to regularly review their professional practice with the aim of improving teaching, learning and management.
      6. To ensure that all evaluation/forms of assessment conducted in the school are properly and efficiently organised.
      7. To assist the HoD in handling disciplinary matters pertaining to educators and support staff employed by the HoD. (SASA, section 16A (2) (e)).
    3. Academic performance of the school (SASA, section 16A(1) (b)(i) (iv))
      1. To prepare and submit to the HoD an annual report in respect of –
        1. The academic performance of that school in relation to minimum outcomes and standards and procedures for assessment determined by the Minister in terms of section 6A of SASA; and.
        2. The effective use of available resources.
      2. The principal of a public school identified by the HoD in terms of section 58B of SASA must annually, at the beginning of the year, prepare a plan setting out how academic performance at the school will be improved. The academic performance improvement plan must be –
        1. Presented to the HoD on a date determined by him/her; and
        2. Tabled at an SGB meeting.
      3. The HoD may approve the academic performance improvement plan or return it to the principal with such recommendations as may be necessary in the circumstances.
      4. If the HoD approves the academic performance improvement plan the principal must, by 30 June, report to the HoD and the governing body on progress made in implementing the plan. The HoD may extend the date on good cause shown.
    4. Teaching
      1. To engage in class teaching as per the workload of the relevant post level and the needs of the school.
      2. To be a class teacher if required.
      3. To assess and to record the attainment of learners taught.
    5. Extra- & co-curricular
      1. To serve on recruitment, promotion, advisory and other committees as required.
      2. To play an active role in promoting extra and co-curricular activities in the school and to plan major school functions and to encourage learners’ voluntary participation in sports, educational and cultural activities organised by community bodies.
    6. Interaction with stakeholders
      1. School governing body
        1. To serve on the governing body of the school and render all necessary assistance to the SGB in the performance of their functions in terms of SASA.
        2. To represent the HoD in the governing body when acting in an official capacity.(SASA, section 16A(1)(a)).
        3. The principal must – (SASA, section 16A(2)(b, c, d, f and (3))
          • Attend and participate in all meetings of the governing body.
          • Provide the governing body with a report about the professional management relating to the public school;
          • Assist the governing body in handling disciplinary matters pertaining to learners; and
          • Inform the governing body about policy and legislation.
          • Assist the governing body in the performance of its functions and responsibilities, but such assistance or participation may not be in conflict with –
            • Instructions of the HoD;
            • Legislation or policy;
            • An obligation that he/she has towards the HoD, the MEC or the Minister; and
            • Provisions of the EEA and the PAM, determined in terms of the EEA.
      2. To participate in community activities in connection with educational matters and community building.
    7. Communication
      1. To co-operate with members of the school staff and the school governing body in maintaining an efficient and smooth running school.
      2. To liaise with the circuit/regional office, supplies section, personnel section, finance section, etc. concerning administration, staffing, accounting, purchase of equipment, research and updating of statistics in respect of educators and learners.
      3. To liaise with relevant structures regarding school curricula and curriculum development.
      4. To meet parents concerning learners’ progress and conduct.
      5. To co-operate with the school governing body with regard to all aspects as specified in SASA.
      6. To liaise with other relevant government departments, eg. Department of Health, Public Works, etc., as required.
      7. To co-operate with universities, colleges and other agencies in relation to learners’ records and performance as well as INSET and management development programmes.
      8. To participate in departmental and professional committees, seminars and courses in order to contribute to and/or update professional views/standards.
      9. To maintain contacts with sports, social, cultural and community organisations.
  1. DEPUTY PRINCIPAL (PAM chapter A, Annexure A6)JOB TITLE: Educator – public school
    RANK: Deputy Principal
    POST LEVEL: 3
  2. THE AIM OF THE JOB
    1. To assist the principal in managing the school and promoting the education of learners in a proper manner.
    2. To maintain a total awareness of the administrative procedures across the total range of school activities and functions.
  3. CORE DUTIES AND RESPONSIBILITIES OF THE JOB
    The duties and responsibilities of the job are individual and varied, depending on the approaches and needs of the particular school, and include, but are not limited to, the following:

    1. General/administrative
      1. To assist the principal in his/her duties and to deputise for the principal during his/her absence from school.
      2. To assist the principal, or, if instructed to be responsible for:
        1. School administration e.g. duty roster, arrangements to cover absent staff, internal and external evaluation and assessment, school calendar, admission of new learners, class streaming, school functions; and/or
        2. School finance and maintenance of services and buildings e.g. planning and control of expenditure, allocation of funds/resources, the general cleanliness and state of repairs of the school and its furniture and equipment, supervising annual stock-taking exercises.
    2. Teaching
      1. To engage in class teaching as per workload of the relevant post level and needs of the school.
      2. To assess and to record the attainment of learners taught.
    3. Extra- & co-curricular
      1. To be responsible for school curriculum and pedagogy eg. choice of textbooks, coordinating the work of subject committees and groups, timetabling, “INSET” and developmental programmes, and arranging teaching practice.
      2. To assist the principal in overseeing learner counselling and guidance, careers, discipline, compulsory attendance and the general welfare of all learners.
      3. To assist the principal to play an active role in promoting extra and co-curricular activities in school and in the participation in sports and cultural activities organised by community bodies.
      4. To participate in departmental and professional committees, seminars and courses in order to contribute to and/or update one’s professional views/standards.
    4. Personnel
      1. To guide and supervise the work and performance of staff and, where necessary, discuss and write or countersign reports.
      2. To participate in agreed school/educator appraisal processes in order to regularly review their professional practice with the aim of improving teaching, learning and management.
    5. Interaction with stake-holders
      1. To supervise/advise the Representative Council of Learners.
    6. Communication
      1. To meet with parents concerning learners’ progress and conduct.
      2. To liaise on behalf of the principal with relevant government departments.
      3. To maintain contact with sporting, social, cultural and community organisations.
      4. To assist the principal in liaison work with all organisations, structures, committees, groups, etc. crucial to the school.
  1. DEPARTMENTAL HEAD (PAM chapter A, Annexure A5)JOB TITLE: Educator – public school
    RANK: Departmental Head
    POST LEVEL: 2
  2. THE AIM OF THE JOB
    To engage in class teaching, be responsible for the effective functioning of the department and to organise relevant/related extra-curricular activities so as to ensure that the subject, learning area or phase and the education of the learners is promoted in a proper manner.
  3. CORE DUTIES AND RESPONSIBILITIES OF THE JOB
    The duties and responsibilities of the job are individual and varied, depending on the approaches and needs of the particular school, and include, but are not limited to, the following:

    1. Teaching
      1. To engage in class teaching as per workload of the relevant post level and the needs of the school.
      2. To be a class teacher if required.
      3. To assess and to record the attainment of learners taught.
    2. Extra- & co-curricular
      1. To be in charge of a subject, learning area or phase.
      2. To jointly develop the policy for that department.
      3. To co-ordinate evaluation/assessment, homework, written assignments, etc. of all the subjects in that department.
      4. To provide and co-ordinate guidance:
        1. On the latest ideas on approaches to the subject, method, techniques, evaluation, aids, etc. in their field, and effectively conveying these to the staff members concerned.
        2. On syllabi, schemes of work, homework, practical work, remedial work, etc.
        3. To inexperienced staff members.
        4. On the educational welfare of learners in the department.
      5. To control:
        1. The work of educators and learners in the department.
        2. Reports submitted to the principal as require.
        3. Mark sheet.
        4. Test and examination papers as well as memoranda.
        5. The administrative responsibilities of staff members.
        6. To share in the responsibilities of organising and conducting extra and co-curricular activities.
    3. Personnel
      1. To advise the principal regarding the division of work among the staff in that department.
      2. To participate in agreed school/educator appraisal processes in order to regularly review their professional practice with the aim of improving teaching, learning and management.
    4. General/administrative
      1. To assist with the planning and management of:
        1. School stock, text books and equipment for the department.
        2. The budget for the department.
        3. Subject work schemes.
    5. To perform or assist with one or more non-teaching administrative duties, such as:
      1. Secretary to general staff meeting and/or others.
      2. Fire drill and first aid.
      3. Timetabling.
      4. Collection of fees and other monies.
      5. Staff welfare.
      6. Accidents.
    6. To act on behalf of the principal during her/his absence from school if the school does not qualify for a deputy principal or in the event both of them are absent.
  4. Communication
    1. To co-operate with colleagues in order to maintain a good teaching standard and progress among the learners and to foster administrative efficiency within the department and the school.
    2. To collaborate with educators of other schools in developing the department and conducting extra-curricular activities.
    3. To meet parents and discuss with them the progress and conduct of their children.
    4. To participate in departmental and professional committees, seminars and courses in order to contribute to and/or update one’s professional views/standards.
    5. To co-operate with further and higher education institutions in relation to learners’ records and performance and career opportunities.
    6. To maintain contact with sporting, social, cultural and community organisations.
    7. To have contacts with the public on behalf of the principal.
  1. MASTER TEACHER (ELRC Collective Agreement No. 5 of 2006) (PAM CHAPTER A, Annexure A4)
    JOB TITLE: Educator – public school
    RANK: Master Teacher
    POST LEVEL: 1 (notch code 120)
  2. THE AIM OF THE JOBTo engage in class teaching, including the academic, administrative, educational and disciplinary aspects and to organise extra and co-curricular activities so as to ensure that the education of the learners is promoted in a proper manner and act as mentor to less experienced teachers, students and intern (if and when applicable),
    to participate in and facilitate professional development activities and to provide management support to the management team of the school when and if required.
  3. CORE DUTIES AND RESPONSIBILITIES OF THE JOBThe duties and responsibilities of the job are individual and varied, depending on the approaches and needs of the particular school, and include, but are not limited to, the following:
    1. Teaching
      1. To engage in class teaching which will foster a purposeful progression in learning and which is consistent with the learning areas and programmes of subjects and grades as determined.
      2. To be a class teacher.
      3. To prepare lessons taking into account orientation, regional courses, new approaches, techniques, evaluation, aids, etc. in their field.
      4. To take on a leadership role in respect of the subject, learning area or phase, if required.
      5. To plan, co-ordinate, control, administer, evaluate and report on learners’ academic progress.
      6. To recognise that learning is an active process and be prepared to use a variety of strategies to meet the outcomes of the curriculum.
      7. To establish a classroom environment which stimulates positive learning and actively engages learners in the learning process.
      8. To consider and utilise the learners’ own experiences as a fundamental and valuable resource.
    2. Extra- & co-curricular
      1. To assist the departmental head to identify aspects which require special attention and to assist in addressing them.
      2. To cater for the educational and general welfare of all learners in his/her care.
      3. To assist the principal in overseeing learner counselling and guidance, careers, discipline and the general welfare of all learners.
      4. To share in the responsibilities of organising and conducting extra co-curricular activities.
    3. Administrative
      1. To co-ordinate and control all the academic activities of each subject taught.
      2. To control and co-ordinate stock and equipment which is used and required.
      3. To perform or assist with one or more of other non-teaching administrative duties such as:
        1. Secretary to general staff meeting and/or others.
        2. Fire drill and first aid.
        3. Timetabling.
        4. Collection of fees and other monies.
        5. Staff welfare.
        6. Accidents.
      4. To engage in management tasks in support of the school management team.
    4. Interaction with stakeholders
      1. To participate in agreed school/educator appraisal processes in order to regularly review their professional practice with the aim of improving teaching, learning and management.
      2. To contribute to the professional development of colleagues by sharing knowledge, ideas and resources.
      3. To remain informed of current developments in educational thinking and curriculum development.
      4. To participate in the school’s governing body if elected to do so.
    5. Communication
      1. To co-operate with colleagues of all grades in order to maintain a good teaching standard and progress among learners and to foster administrative efficiency within the school.
      2. To collaborate with educators of other schools in organising and conducting extra and co-curricular activities.
      3. To meet parents and discuss with them the conduct and progress of their children.
      4. To participate in departmental committees, seminars and courses in order to contribute to and/or update one’s professional views/standards.
      5. To maintain contact with sporting, social, cultural and community organisations.
      6. To have contacts with the public on behalf of the principal.
    6. Mentoring
      1. To act as mentor and coach for less experienced teachers.
      2. When, and if required, to act a head of a subject, phase or grade as support to the relevant departmental head.
      3. To collaborate with and support teachers regarding instructional procedures and personal growth.
  1. SENIOR TEACHER (ELRC Collective Agreement No. 5 of 2006) (PAM Chapter A, Annexure A3)
    JOB TITLE: Educator – public school
    RANK: Senior Teacher
    POST LEVEL: 1 (notch code 103)
  2. THE AIM OF THE JOB
    To engage in class teaching, including the academic, administrative, educational and disciplinary aspects and to organise extra and co-curricular activities so as to ensure that the education of the learners is promoted in a proper manner and act as mentor to less experienced teachers, students and intern (if and when applicable).
  3. CORE DUTIES AND RESPONSIBILITIES OF THE JOBThe duties and responsibilities of the job are individual and varied, depending on the approaches and needs of the particular school, and include, but are not limited to, the following:
    1. Teaching
      1. To engage in class teaching which will foster a purposeful progression in learning and which is consistent with the learning areas and programmes of subjects and grades as determined.
      2. To be a class teacher.
      3. To prepare lessons taking into account orientation, regional courses, new approaches, techniques, evaluation, aids, etc. in their field.
      4. To take on a leadership role in respect of the subject, learning area or phase, if required.
      5. To plan, co-ordinate, control, administer, evaluate and report on learners’ academic progress.
      6. To recognise that learning is an active process and be prepared to use a variety of strategies to meet the outcomes of the curriculum.
      7. To establish a classroom environment which stimulates positive learning and actively engages learners in the learning process.
      8. To consider and utilise the learners’ own experiences as a fundamental and valuable resource.
    2. Extra & co-curricular
      1. To assist the departmental head to identify aspects which require special attention and to assist in addressing them.
      2. To cater for the educational and general welfare of all learners in his/her care.
      3. To assist the principal in overseeing learner counselling and guidance, careers, discipline and the general welfare of all learners.
      4. To share in the responsibilities of organising and conducting extra co-curricular activities.
    3. Administrative
      1. To co-ordinate and control all the academic activities of each subject taught.
      2. To control and co-ordinate stock and equipment which is used and required.
      3. To perform or assist with one or more of other non-teaching administrative duties such as:
        1. Secretary to general staff meeting and/or others.
        2. Fire drill and first aid.
        3. Timetabling.
        4. Collection of fees and other monies.
        5. Staff welfare.
        6. Accidents.
    4. Interaction with stakeholders
      1. To participate in agreed school/educator appraisal processes in order to regularly review their professional practice with the aim of improving teaching, learning and management.
      2. To contribute to the professional development of colleagues by sharing knowledge, ideas and resources.
      3. To remain informed of current developments in educational thinking and curriculum development.
      4. To participate in the school’s governing body if elected to do so.
    5. Communication
      1. To co-operate with colleagues of all grades in order to maintain a good teaching standard and progress among learners and to foster administrative efficiency within the school.
      2. To collaborate with educators of other schools in organising and conducting extra and co-curricular activities.
      3. To meet parents and discuss with them the conduct and progress of their children.
      4. To participate in departmental committees, seminars and courses in order to contribute to and/or update one’s professional views/standards.
      5. To maintain contact with sporting, social, cultural and community organisations.
      6. To have contacts with the public on behalf of the principal.
    6. Mentoring
      1. To act as mentor and coach for less experienced teachers.
      2. When, and if required, to act a head of a subject, phase or grade as support to the relevant departmental head.
  1. TEACHER (PAM chapter A, Annexure A2)
    JOB TITLE: Educator – public school
    RANK: Teacher
    POST LEVEL: 1
  2. THE AIM OF THE JOB
    To engage in class teaching, including the academic, administrative, educational and disciplinary aspects and to organise extra and co-curricular activities so as to ensure that the education of the learners is promoted in a proper manner.
  3. CORE DUTIES AND RESPONSIBILITIES OF THE JOBThe duties and responsibilities of the job are individual and varied, depending on the approaches and needs of the particular school, and include, but are not limited to, the following:
    1. Teaching
      1. To engage in class teaching which will foster a purposeful progression in learning and which is consistent with the learning areas and programmes of subjects and grades as determined.
      2. To be a class teacher.
      3. To prepare lessons taking into account orientation, regional courses, new approaches, techniques, evaluation, aids, etc. in their field.
      4. To take on a leadership role in respect of the subject, learning area or phase, if required.
      5. To plan, co-ordinate, control, administer, evaluate and report on learners’ academic progress.
      6. To recognise that learning is an active process and be prepared to use a variety of strategies to meet the outcomes of the curriculum.
      7. To establish a classroom environment which stimulates positive learning and actively engages learners in the learning process.
      8. To consider and utilise the learners’ own experiences as a fundamental and valuable resource.
    2. Extra- & co-curricular
      1. To assist the departmental head to identify aspects which require special attention and to assist in addressing them.
      2. To cater for the educational and general welfare of all learners in his/her care.
      3. To assist the principal in overseeing learner counselling and guidance, careers, discipline and the general welfare of all learners.
    3. Administrative
      1. To co-ordinate and control all the academic activities of each subject taught.
      2. To control and co-ordinate stock and equipment which is used and required.
      3. To perform or assist with one or more of other non-teaching administrative duties such as:
        1. Secretary to general staff meeting and/or others.
        2. Fire drill and first aid.
        3. Timetabling.
        4. Collection of fees and other monies.
        5. Staff welfare.
        6. Accidents.
    4. Interaction with stakeholders
      1. To participate in agreed school/educator appraisal processes in order to regularly review their professional practice with the aim of improving teaching, learning and management.
      2. To contribute to the professional development of colleagues by sharing knowledge, ideas and resources.
      3. To remain informed of current developments in educational thinking and curriculum development.
      4. To participate in the school’s governing body if elected to do so.
    5. Communication
      1. To co-operate with colleagues of all grades in order to maintain a good teaching standard and progress among learners and to foster administrative efficiency within the school
      2. To collaborate with educators of other schools in organising and conducting extra and co-curricular activities
      3. To participate in departmental committees, seminars and courses in order to contribute to and/or update one’s professional views/standards
      4. To maintain contact with sporting, social, cultural and community organisations
      5. To have contacts with the public on behalf of the principal
  1. OFFICE-BASED EDUCATORS (PAM Chapter A, Annexure A8)
    JOB TITLE: Office-based Educator
    RANK: Education Specialist/Senior Education Specialist/Deputy Chief
    Education Specialist/Chief Education Specialist
    POST LEVEL: 2/3/5/6
  2. AIM OF THE JOBThe core process in education is curriculum delivery and the strategic levers for curriculum delivery are INSET, EMD and enabling functions. The aim of jobs at offices is to facilitate curriculum delivery through support in various ways.Offices will be managed in compliance with applicable legislation, regulations, ELRC collective agreements and personnel administration measures.
  3. THE CORE RESPONSIBILITIESIn executing tasks, educators must be mindful of their role in education transformation, redress and equity.The duties and responsibilities of the job are individual and varied, depending on the nature of the responsibilities attached to each post. These include but are not limited to subject advisory services, administration and policy development processes. It remains the responsibility of immediate supervisors to develop specific responsibilities and duties for each post on the basis of job content as may be applicable. The duties and responsibilities for incumbents of these posts include, but are not limited to, the following:
    1. 3.1 Leadership
      1. To provide an environment that creates and fosters commitment and confidence among colleagues and educators, while promoting the values of fairness and equity in the workplace.
      2. To assist educators to identify, assess and meet the needs of learners (provide professional leadership).
      3. To disseminate and encourage the application of good practices in all areas of work.
      4. To implement systems and structures and present innovative ideas that are congruent with policy frameworks and plans.
      5. To create and maintain sound human relations among colleagues and enhance the spirit of co-operation at all levels.
    2. Communication
      1. To communicate effectively, both orally and in writing, with principals, other staff, parents, SGBs, external agencies and the provincial department of education as well as to ensure timeous feedback from institutions.
      2. To consult with all stakeholders on decisions that affect them.
      3. To explain the objectives of any intervention/s to learners, educators and others.
      4. To chair workshops, case conferences and meetings when needed.
      5. To serve on recruitment, promotion, advisory and other committees as required.
      6. To assist in the development of the use of information (statistics/surveys) and communications technology as a means of gathering and disseminating information about learners.
      7. To liaise with other education offices for the purpose of co-ordination.
      8. To liaise with other relevant government departments, for example Department of Health, Public Works, etc., as required.
      9. To maintain contacts with sports, cultural and community organisations.
    3. Financial planning and management
      1. To undertake activity-based costing (ABC) for planned projects/activities.
      2. To prioritise activities in terms of costs and educational needs in preparation for strategic planning.
      3. To plan budgets in terms of a medium term expenditure framework (MTEF).
      4. To manage projects within the set budget.
      5. To advise principals and school management teams on the planning, utilisation and monitoring of budgets in order to meet school objectives.
      6. To maintain records to disseminate information for financial accountability.
    4. Strategic planning and transformation
      1. To analyse the external environment and internal work environment.
      2. To identify the needs of clients (learners, educators, others).
      3. To prepare strategic plans with the intention of achieving the goals of the department.
      4. To prepare management plans to achieve targets as well as the needs of clients (educators, learners and others).
      5. To provide guidance to institutions on strategic planning.
      6. To support and co-operate with principals, staff and SGBs in whole school development.
    5. Policy
      1. To formulate policy for operational reasons.
      2. To analyse policy.
      3. To implement policy.
      4. To monitor and evaluate policy implementation.
      5. To provide guidance to institutions on policy formulation and implementation.
    6. Research and development
      1. To keep abreast of the latest research in the field of education.
      2. To undertake small scale as well as large scale research to improve service delivery and policy formulation.
      3. To encourage and support research initiatives with universities and other agencies.
      4. To apply research findings after carefully analysing the context.
      5. To maintain a database of learners/educators’ needs e.g. professional development needs of educators.
    7. Curriculum delivery
      1. To assist in equitable deployment of staff and resources to facilitate teaching and learning.
      2. To provide pastoral support (guidance and counselling) and to learners whenever requested by institutions.
      3. To maintain effective partnerships between parents and school staff to promote effective teaching and learning.
      4. To develop systems for monitoring and recording progress made by learners towards achievement of targets set.
      5. To support initiatives to improve numeracy, literacy and information technology as well as access to the wider curriculum.
      6. To facilitate curriculum development at institution/district/provincial/national level.
      7. To provide guidance/assistance in learner assessment.

12.6 EDUCATOR: ADVERTISING AND FILLING OF EDUCATOR POSTS

12.6.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 , Chapter B [EEA]

Gauteng

CIRCULARS

  • Circular 10 of 2014 – Implementation of Collective Agreement 1 of 2014 on conversion of post level 1 educators’ contract (temporary) into permanent appointments [Reference B3 10/2014]

 

GUIDELINES

  • Appointment of Graduates into GDE Posts – 26/04/2017 [Reference B3 04/2017]

KwaZulu-Natal

POLICY

  • Policy on payment of Acting Allowance for Educators appointed to act in higher posts [Reference B4 ALLOWANCE]

 

CIRCULARS

  • KZN HRM No 10 of 2008: Policy on transfer of Educators dated 28 March 2008 [Reference B4 10/2008]
  • KZN HRM No 38 of 2011 dated 2 June 2011: Issue of Standardised Forms relating to the Appointment of Educators (lists numbered and specific forms to be used for specific processes related to recruitment and appointment of educators) [Reference B4 38/2011]
  • KZN HRM Circular 19 of 2014 dated 6 October 2014: Timeous Processing of Employee Exits [Reference B4 19/2014]
  • KZN HRM Circular 51 of 2015: Procedure Directive for the Filling of Post Level 1 Educator and Therapist Posts [Reference B4 51/2015]
  • KZN HRM Circular 38 of 2016: Additional measures for new appointments of employees [Reference B4 38/2016]
  • KZN HRM Circular 55 of 2015 Procedure Directive for the Taking Over of Selection Processes for School Based Educator Posts in Terms of the Employment of Educators Act [Reference B4 55/2015]

Limpopo

COLLECTIVE AGREEMENTS

  • ELRC Collective agreement No 1 of 2008 – Limpopo Guidelines For Sifting, Shortisting And Interview Procedures [Reference B5 1/2008]
  • Limpopo Procedure Manual For Creation And Utilisation Of Posts On Persal See Reference B5 LIM PERSAL
  • Collective Agreement Number 1 of 2006 Permanent Appointment Of Temporary Educators [Reference B5 1/2006]
  • Collective Agreement Number 1 of 2007 Permanent Appointment Of Temporary Educators At Further Education And Training Colleges [Reference B5 1/2007]
  • Limpopo Checklist for Recommendations for Appointment in Promotional Posts [See Reference B5 LIM CHECKL]

EasternCape

GUIDELINES

  • EC Appointments and Promotions, January 2013 [Reference B1 EC APPOINTMENTS]

NorthWest

COLLECTIVE AGREEMENTS

  • Permanent Appointment of Temporary Educators NW Collective Agreement 1 of 2006 (17 May 2006) Reference B8 1/2006]
  • Permanent Appointment of Temporary Educators NW Collective Agreement 1 of 2010 (14 June 2010) [Reference B8 1/2010]
  • The Provincial Procedure for Principals Displaced as a result of Rationalisation, Merger and/or Closure of a school NW Collective Agreement 1 of 2013 (October 2013) [Reference B8 1/2013]
  • The Provincial Procedure for Principals Displaced as a result of Rationalisation, Merger and/or Closure of a school NW Collective Agreement 1 of 2014 (20 June 2014) [Reference B8 1/2016]

12.6.2Framework for the Development of School Policy on Educators: Advertising and Filling of Educator Posts

(PAM Chapter B3)

(See Reference List C FRAMEWORK SGB for an example of a framework for a School Governing Body Contract of Employment for SGB posts.

See also Reference List C [PRINCIPALS]

 

  1. Advertising
    • The advertisement of vacant state posts for educators must:
    • be self-explanatory and clear and must include:
      • minimum requirements,
      • procedure to be followed for application
      • names and telephone numbers of contact persons
      • preferable date of appointment, and
      • closing date for the receipt of applications;
    • be accessible to all who may qualify or are interested in applying for such post(s);
    • be non-discriminatory and in keeping with the provisions of the Constitution of the RSA; and
    • clearly state that the State is an affirmative action employer.
    • All vacancies in terms of post establishment in public schools are to be advertised in a gazette, bulletin or circular. The existence of which shall be made public by means of an advertisement in the public media both provincially and nationally. The information to be furnished in the latter advertisement shall include offices and addresses where the gazette, bulletin or circular is obtainable. The gazette, bulletin or circular must be circulated to all educational institutions within the province.
    • Educator posts outside public schools shall be advertised both in the national and provincial media and by circular to all schools in the relevant province.
    • Educator posts at colleges shall be advertised in the national and provincial media by the employing department.
  2. Sifting
    • The employing department shall acknowledge receipt of all applications by:
      • informing all applicants in writing of receipt;
      • clearly indicating whether the application is complete or not; and
      • indicating whether the applicant meets the minimum requirements for the post and that such applications have been referred to the institutions concerned.
    • The employing department shall handle the initial sifting process to eliminate applications of those candidates who do not comply with requirements for the post(s) as stated in the advertisement.
    • In the case of colleges, where applications are received at the institution, the college council shall acknowledge receipt of applications.
    • Trade Union parties to Council will be given a full report, at a formal meeting, on:
      • names of educators who have met the minimum requirements for the post/s in terms of the advertisement;
      • names of educators who have not met the minimum requirements for the post/s in terms of the advertisement; and
      • other relevant information that is reasonably incidental thereto.
  3. Short listing and interviews [See Reference List C INTERVIEW]
    • Interview Committees shall be established at educational institution where there are advertised vacancies.
    • The Interview Committee shall comprise:
      • In the case of public schools:
        • one departmental representative (who may be the school principal), as an observer and resource person;
        • the Principal of the school (if he/she is not the department’s representative), except in the case where she/he is the applicant;
        • members of the school governing body, excluding educator members who are applicants to the advertised post/s; and
        • one union representative per union that is a party to the provincial chamber of the ELRC. The union representatives shall be observers to the process of short listing, interviews and the drawing up of a preference list.
      • In the case of colleges:
        • one departmental representative, as an observer and resource person;
        • the head of the institution, except in the case where s/he is an applicant;
        • members of the college council, excluding educator members who are applicants to the advertised post/s; and
        • one union representative per union that is a party to the provincial chamber of the ELRC. The union representatives shall be observers to the process of short listing, interviews and the drawing up of a preference list.
    • Each Interview Committee shall appoint from amongst its members a chairperson and a secretary.
    • All applications that meet the minimum requirements and provisions of the advertisement shall be handed over to the school governing body responsible for that specific public school.
    • The school governing body is responsible for the convening of the Interview Committee and they must ensure that all relevant persons/organisations are informed at least 5 working days prior to the date, time and venue of the short listing, interviews and the drawing up of the preference list. Where the Principal is an applicant, a departmental official may assist the school governing body.
    • The Interview Committee may conduct short listing subject to the following guidelines:
      • The criteria used must be fair, non-discriminatory and in keeping with the Constitution of the country.
      • The curricular needs of the school.
      • The obligations of the employer towards serving educators.
      • The list of shortlisted candidates for interview purposes should not exceed five per post.
    • The interviews shall be conducted according to agreed upon guidelines. These guidelines are to be jointly agreed upon by the parties to the provincial chamber.
    • All interviewees must receive similar treatment during the interviews.
    • At the conclusion of the interviews the interviewing committee shall rank the candidates in order of preference, together with a brief motivation, and submit this to the school governing body for their recommendation to the relevant employing department.
    • The governing body must submit their recommendation to the provincial education department in their order of preference.
    • In the case of colleges, the interviewing committee shall submit its ranked preference list to the college council for their recommendation to the relevant employing department.
  4. Appointment
    • The employing department must make the final decision subject to:
      • satisfying itself that agreed upon procedures were followed; and
      • that the decision is in compliance with the Employment of Educators Act of 1998, the South African Schools Act, 1996 and the Labour Relations Act, 1995.
    • The employer will inform all unsuccessful candidates, in writing, within eight weeks of an appointment being made.
  5. Records
    The employer must ensure that accurate records are kept of proceedings dealing with the interviews, decisions and motivations relating to the preference list submitted by school governing bodies and other such structures.
  6. Permanent appointments
    An employee is appointed permanently when his/her probationary period has ended and he/she fulfils all the requirements for permanent appointment.
  7. Temporary appointments
    •  Substitutes
      • Definition: An educator, who serves in the place of a permanently appointed educator who is absent on approved leave, is considered a substitute. Substitutes may not be appointed for a period of less than one month and will only be approved in the case of educators on sick and maternity leave. Such a post is therefore not vacant and the permanent educator will take up his/her post again at a later stage.
      • Procedure for appointing a substitute
      • The principal should complete the applicable form and submit it together with an attached copy of the leave form of the permanently appointed educator to the district office.
      • The District Office will inform the principal if provisional approval has been granted.
      • The principal must then submit the applicable forms, prescribed by the provincial department together with a copy of the written approval to appoint a substitute from the district office.  (Prior written approval for the appointment of a substitute must be obtained from the District Office before the substitute can assume duty.)
    • Temporary Appointments for Educators in Vacant Posts
      This kind of appointment is made when an educator is nominated for a substantive position, but cannot be appointed in that position permanently because of the following:

      • A requirement for permanent appointment is not fulfilled.
      • The post is vacant and has not yet been advertised.
      • The position is reserved for other purposes (e.g. for redeployment). Prior approval should be obtained from the department.
        In the above cases the principal should send a written request to the District Office for approval to appoint a temporary educator. The need for the filling of the post on a temporary basis should be fully motivated.

12.7 EDUCATOR: TERMINATION OF SERVICE

12.7.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • South African Council for Educators Act 31 of 2000 [SACE]
  • Employment of Educators Act 76 of 1998,Chapter 4 [EEA]

 

GUIDELINES

  • Personnel Administration Measures [PAM]

KwaZulu-Natal

CIRCULARS

  • KZN HRM Circular No 24 of 2015: Timeous Processing of Employee exiting the system [Reference B4 24/2015]

Limpopo

GUIDELINES

  • Limpopo Procedure Manual for Terminations [See Reference B5 LIM TERMINATION]
  • Limpopo Absconding Employees [See Reference B5 LIM ABSCOND]

12.7.2Framework for the Development of School Policy on Educators: Termination of Service

(See Employment of Educators Act Chapter 4 EEA)

See also Reference List C [PRINCIPALS]

  1. Retirement
    • An educator shall have the right to retire, and shall be so retired, on the day on which the educator attains the age of 65 years.
    • An educator who attains the age of 65 after the first day of a month shall be deemed to have attained that age on the first day of the following month.
    • An educator who was in employment immediately before 2 September 1994 in terms of a law repealed by the Educators’ Employment Act, 1994 (promulgated under Proclamation No. 138 of 1994), shall have the right to retire on or after attaining the retirement age applicable to the educator immediately before the said date.
    • An educator shall have the right to retire on or after attaining the age of 55 years.
    • The employer may, at the request of an educator, allow the educator to retire before attaining the age of 55 years, if the employer is of the opinion –
      • that sufficient reason exists therefore; and
      • that the retirement will be to the advantage of the State.
    • An educator –
      • who was in employment immediately before 1 May 1996; and
      • who, without interruption of service, has completed a period of ten years continuous pensionable service in terms of the pension law applicable to the educator; and
      • who has attained the age of 50 years, shall have the right to retire.
  2. Discharge of educators
    • The employer may discharge an educator from service –
      • on account of continuous ill-health;
      • on account of the abolition of the educator’s post or any reduction in, or reorganisation or readjustment of the post establishments of, departments, schools, institutions, offices or centres;
      • if, for reasons other than the educator’s own unfitness or incapacity, the educator’s discharge will promote efficiency or economy in the department, school, institution, office or centre in which the educator is employed, or will otherwise be in the interest of the State;
      • on account of unfitness for the duties attached to the educator’s post or incapacity to carry out those duties efficiently;
      • on account of misconduct;
      • if the educator was appointed in the post in question on the grounds of a misrepresentation made by the educator relating to any condition of appointment; and
      • if, in the case of an educator appointed on probation, the educator’s appointment is not confirmed.
    • Discharge of educators appointed on probation
      If it is not desirable to confirm the appointment, transfer or promotion of an educator on probation, the employer may –

      • extend the period of probation of the educator; or
      • after reasonable notice to the educator, discharge the educator from service upon the expiry of the period of probation or any extension thereof.
    • No appointment, transfer or promotion on probation may be extended, and no educator who is serving on probation may be discharged from service, if –
      • the educator has been diligent;
      • the educator’s conduct has been uniformly satisfactory;
      • the educator is in all respects suitable for the post which the educator holds; and
      • the educator has complied with all the conditions applicable to the educator’s appointment, transfer or promotion.
    • An educator whose transfer or promotion on probation is not confirmed and who immediately before such transfer or promotion was an educator, other than an educator on probation, shall be transferred to the post formerly held by that educator, or to a post of equivalent grading.
  3. Certain educators deemed to be discharged
    • An educator appointed in a permanent capacity who –
      • is absent from work for a period exceeding 14 consecutive days without permission of the employer;
      • while the educator is absent from work without permission of the employer, assumes employment in another position;
      • while suspended from duty, resigns or without permission of the employer assumes employment in another position; or
      • while disciplinary steps taken against the educator have not yet been disposed of, resigns or without permission of the employer assumes employment in another position, shall, unless the employer directs otherwise, be deemed to have been discharged from service on account of misconduct, in the circumstances where –
      • paragraph (i) or (ii) is applicable, with effect from the day following immediately after the last day on which the educator was present at work; or
      • paragraph (iii) or (iv) is applicable, with effect from the day on which the educator resigns or assumes employment in another position, as the case may be.
    • If an educator who is deemed to have been discharged under paragraph (i) or (ii) at any time reports for duty, the employer may, on good cause shown and notwithstanding anything to the contrary contained in this Act, approve the re-instatement of the educator in the educator’s former post or in any other post on such conditions relating to the period of the educator’s absence from duty or otherwise as the employer may determine.
  4. Resignations
    • An educator may resign by giving 90 days’ notice in writing or such shorter notice as the employer may approve at the request of the educator.
    • If the name of an educator is struck off the register of educators kept by the South African Council for Educators, the educator shall, notwithstanding anything to the contrary contained in this Act, be deemed to have resigned with effect from the day following immediately after the day on which the educator’s name was so struck of.
  5. Termination because of misconduct
    In cases of misconduct and possible disciplinary procedures, Principals and School Governing Bodies are referred to the process as described in the South African Council of Educators Act 31 of 2000 [EEA].

12.8 EDUCATORS: INCAPACITY AND MISCONDUCT

12.8.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998, Chapter 5 [EEA]
  • Compensation for Occupational Injuries and Diseases Act, 1993 (Amendment of Schedule 4 of Act 130 of 1993) [COID SCH4]

 

GUIDELINES

KwaZulu-Natal

POLICIES

  • KZN Policy On The Employee Assistance Programme  [See Reference B4 KZN ASSIST]

WesternCape

GUIDELINES

  • WCED Labour Relations Minutes DLR 0001/2005:  Important procedures to be followed when an employee is suspended as a precautionary measure [See Reference B9 0001/2005]

12.8.2Framework for the Development of School Policy on Educators: Incapacity and Misconduct

(Employment of Educators Act Schedule 2 [EEA])

Also see also Reference List C [PRINCIPALS]

  1. Incapable educators
    If it is alleged that an educator is unfit for the duties attached to the educator’s post or incapable of carrying out those duties efficiently, the employer must assess the capacity of the educator and may take action against the educator in accordance with the incapacity code and procedures for poor work performance.
  2. Serious misconduct
    An educator must be dismissed if he or she is found guilty of –

    • theft, bribery, fraud or an act of corruption in regard to examinations or promotional reports;
    • committing an act of sexual assault on a learner, student or other employee;
    • having a sexual relationship with a learner of the school where he or she is employed;
    • seriously assaulting, with the intention to cause grievous bodily harm to, a learner, student or other employee;
    • illegal possession of an intoxicating, illegal or stupefying substance; or
    • causing a learner or a student to perform any of the acts above.
      If it is alleged that an educator committed a serious misconduct, the employer must institute disciplinary proceedings in accordance with the disciplinary code and procedures provided for in Schedule 2.
  3. Misconduct
    Misconduct refers to a breakdown in the employment relationship and an educator commits misconduct if he or she –

    • fails to comply with or contravenes this Act or any other statute, regulation or legal obligation relating to education and the employment relationship;
    • wilfully or negligently mismanages the finances of the State, a school, a further education and training institution or an adult learning centre;
    • without permission possesses or wrongfully uses the property of the State, a school, a further education and training institution, an adult learning centre, another employee or a visitor;
    • wilfully, intentionally or negligently damages or causes loss to the property of the State, a school, a further education and training institution or an adult learning centre;
    • in the course of duty endangers the lives of himself or herself or others by disregarding set safety rules or regulations;
    • unjustifiably prejudices the administration, discipline or efficiency of the Department of Education, an office of the State or a school, further education and training institution or adult learning centre;
    • misuses his or her position in the Department of Education or a school, further education and training institution or adult learning centre to promote or to prejudice the interests of any person;
    • accepts any compensation in cash or otherwise from a member of the public or another employee for performing his or her duties without written approval from the employer;
    • fails to carry out a lawful order or routine instruction without just or reasonable cause;
    • absents himself or herself from work without a valid reason or permission;
    • unfairly discriminates against other persons on the basis of race, gender, disability, sex, pregnancy, marital status, ethnic and social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, family responsibility, HIV status, political opinion or other grounds prohibited by the Constitution;
    • performs poorly or inadequately for reasons other than incapacity;
    • without the written approval of the employer, performs work for compensation for another person or organisation either during or outside working hours;
    • without prior permission of the employer accepts or demands in respect of the carrying out of or the failure to carry out the educator’s duties, any commission, fee, pecuniary or other reward to which the educator is not entitled by virtue of the educator’s office, or fails to report to the employer the offer of any such commission, fee or reward;
    • without authorisation, sleeps on duty;
    • while on duty, is under the influence of an intoxicating, illegal, unauthorised or stupefying substance, including alcohol;
    • while on duty, conducts himself or herself in an improper, disgraceful or unacceptable manner;
    • assaults, or attempts to or threatens to assault, another employee or another person;
    • incites other personnel to unprocedural and unlawful conduct;
    • displays disrespect towards others in the work-place or demonstrates abusive or insolent behaviour;
    • intimidates or victimises fellow employees, learners or students;
    • prevents other employees from exercising their rights to freely associate with trade unions in terms of any labour legislation;
    • operates any money-lending scheme for employees for his or her own benefit during working hours or from the premises of the educational institution or office where he or she is employed;
    • carries or keeps firearms or other dangerous weapons on State premises, without the written authorisation of the employer;
    • refuses to obey security regulations;
    • gives false statements or evidence in the execution of his or her duties;
    • falsifies records or any other documentation;
    • participates in unprocedural, unprotected or unlawful industrial action;
    • fails or refuses to –
      • follow a formal programme of counselling as contemplated in Schedule 1;
      • subject himself or herself to a medical examination as contemplated in Schedule 1 and in accordance with section 7 of the Employment Equity Act, 1998 (Act No. 55 of 1998); or
      • attend rehabilitation or follow a formal rehabilitation programme as contemplated in Schedule 1;
    • commits a common law or statutory offence;
    • commits an act of dishonesty; or
    • victimises an employee for, amongst others, his or her association with a trade union.
      If it is alleged that an educator committed misconduct, the employer must institute disciplinary proceedings in accordance with the disciplinary code and procedures contained in Schedule 2. If, after having followed the procedures, a finding is made that the educator committed misconduct, the employer may, in accordance with the disciplinary code and procedures contained in Schedule 2, impose a sanction of –
    • counselling;
    • a verbal warning;
    • a written warning;
    • a final written warning;
    • a fine not exceeding one month’s salary;
    • suspension without pay for a period not exceeding three months;
    • demotion;
    • a combination of the sanctions referred to in paragraphs (a) to (f); or
    • dismissal, if the nature or extent of the misconduct warrants dismissal.
      Any sanction may be suspended for a specified period on conditions determined by the employer.
      An educator may be dismissed if he or she is found guilty of –
    • dishonesty;
    • victimising an employee for, amongst others, his or her association with a trade union;
    • unfair discrimination;
    • rape;
    • murder;
    • contravening section 10 of the South African Schools Act.
  4. Appeals
    • An educator may appeal to the Minister or the Member of the Executive Council, as the case may be, against a decision to demote, transfer or terminate the services of the educator on the grounds of incapacity.
    • An educator has a right to appeal to the Minister or the Member of the Executive Council, as the case may be, against the finding by the presiding officer of a disciplinary hearing that the educator has committed misconduct and against the sanction imposed.
    • In lodging an appeal, the educator must comply with the procedure laid down in Schedule 2.
  5. Furnishing South African Council for Educators with records
    In each case where steps were taken against any educator, other than the cautioning or reprimanding of the educator, the employer shall furnish the South African Council for Educators with the record of the proceedings at the inquiry and all other documents relating thereto.
    NB: Educators may only appeal against the finding and resultant sanction of –

    • suspension without pay for a period not exceeding three months;
    • demotion;
    • a fine;
    • a combination of the above sanctions together with warnings; or
    • dismissal.

12.9 EDUCATOR: GRIEVANCES

12.9.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998, Chapter H [EEA]

COLLECTIVE AGREEMENTS

  • PSCBC Resolution: Grievance rules for the public service [CA 14/2002]

Limpopo

GUIDELINES

  • Grievance Handling [Reference List B5 LIM GRIEV]

WesternCape

GUIDELINES

  • WCED Salary Negotiations: Possible Industrial Action by Public Service Unions Minute No. DLR 0001/2004 [See Reference B9 DLR 0001/2004 and DLR 0002/2004 ]
  • WCED DLR 0001/2005:  Important procedures to be followed when an employee is suspended as a precautionary measure [Reference B9 DLR 0001/2005]

12.9.2Framework for the Development of School Policy on Educators: Grievances

GRIEVANCE PROCEDURE

  1.  Objective
    The objective of this grievance procedure is to seek to resolve a complaint at the personal level as quickly and as close to the source of the complaint as possible. It is aimed at avoiding a grievance becoming a dispute. In the case where a grievance cannot be resolved through this process and is consequently registered as a dispute in terms of the provisions of the constitution of the Education Labour Relations Council, such registered dispute shall be dealt with in terms of the dispute resolution procedure as set out in the said constitution.
  2. Definition
    A grievance is a complaint by an employee or employees affecting the employment relationship of the person or persons concerned, or where there is an alleged misinterpretation, or violation of his or her, or their rights.
  3. Dealing with grievances
    Grievances shall be dealt with in the following manner.

    • Oral interview
      • A sincere attempt should be made to resolve any grievance by oral interview between a grievant or grievants and the head of a school or college (herein after referred to as “the head”), and in the case of an educational institution outside a school or college or the head of a school or college, the supervisor (hereinafter referred to as “the supervisor”), before differences become formalised grievances.
      • During this process no records will be kept of proceedings which will be without prejudice to either of the parties.
    • Formal written grievance: Institutional level, (school/college) and departmental level
      • A grievant or grievants may lodge a grievance or grievances with the head or the supervisor in writing within a reasonable period of time, but in any event not later than 90 calendar days following on the time and date on which the alleged grievance or grievances occurred. Full details of the nature of the grievance or grievances must be relayed to the head or the supervisor, as the case may be. The grievance or grievances must bear the signature or signatures of the grievant or the grievants and a copy thereof shall be filed with the relevant office of the provincial department of education by the head or supervisor, as the case may be, which office shall be identified by the relevant head of a provincial department in each province.
      • The head or the supervisor, as the case may be, shall confer with the grievant or grievants, and others involved, within 3 working days of receipt of the formal written grievance in order to resolve the grievance. At this meeting the facts shall be presented and considered and an effort shall be made to resolve the matter to the satisfaction of all parties.
      • The head or the supervisor, as the case may be, shall communicate the outcome to the relevant office of the provincial department of education within 5 working days of the resolution or non-resolution of a grievance.
      • If an action or lack of an action, or a decision or lack of a decision, concerns the head or the supervisor, the grievant or grievants may refer the matter directly to the regional/district level in respect of a school/college and departmental level in respect of an institution outside a school/college, provided that a sincere attempt has been made to resolve the grievance or grievances.
    • Regional/district level in respect of a school/college and departmental level in respect of an institution outside a school/college
      • If the grievant or grievants is/are not satisfied with the outcome above, the grievant or grievants may refer the matter in writing, by hand or registered mail, together with the decision of the head or the supervisor, as the case may be, to the regional/district head of education in the case of an educator at a school/college and in the case of an educator outside a school/college to the office referred to within 5 working days of the parties failing to resolve the grievance or grievances. A copy of the referral must be presented to the head or supervisor, as the case may be, and where applicable, to the grievant or grievants’ trade union.
      • The head or the supervisor shall forward his or her comments together with all relevant information on the grievance or grievances to the regional/district head or the office referred to above as the case may be, within 5 working days after receiving the referral.
      • The head of the region/district or the head of the relevant provincial education department, or his or her delegate in respect of an educator outside an educational institution, shall within 5 working days from the date of receipt of all the parties’ referrals, attempt to resolve the grievance or grievances and communicate his or her decision in writing to all parties.
      • Should the grievant or grievants not be satisfied with the outcome, he or she may register a formal dispute with the Executive Officer of the Education Labour Relations Council (hereinafter referred to as the “Council”) in terms of the provisions of the Council’s constitution.
    • A trade union registered with the Council may register a grievance with the head or supervisor or the head of a relevant department of education, as the case may be, on behalf of its members individually or collectively and represent such member or members during any stage of this grievance procedure. A non-member or non-members may be represented by another employee.

12.10 EDUCATORS: INDUCTION AND ORIENTATION

12.10.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]

KwaZulu-Natal

POLICIES

KZN Occupational health and safety policy [Reference B4 KZN OHEALT]

NorthWest

ACTS

North West Schools Education Act, Act no. 3 of 1998 [Reference B8 NW EDACT 3/1998]

 

GUIDELINES

Induction Framework for School Based Teachers,  North West Department of Education, (2014) [Reference B8 NW FRAMEWORK]

12.10.2Framework for the Development of School Policy on Educators: Induction and Orientation

  1. Clarification of concepts
    • What is induction?
      According to Grobler et al. (Human Resource Management, 2002:208) induction is the process of introducing educators to the goals of the school, its policies and procedures, its values and co-workers, as well as the activities to be performed and the teaching aids to be used.
    • Induction programme
      Grobler et al states that an effective induction program will reduce the adjustment problems for newly appointed educators by creating a sense of security, confidence and belonging.  The following benefits can accordingly result from an effective induction programme, namely:

      • higher job satisfaction,
      • higher performance as a result of faster learning times,
      • reduction of absenteeism and
      • a better understanding of school policies, vision and procedures.
  2. Induction policy
    The principal, SMT and educators should jointly draw up a properly formulated induction programme for newly appointed educators.
    Orientation on the following aspects can be considered as part of an induction policy:

    • The School policy
    • Relevant subject policies
    • The South African Schools Act
    • The Employment of Educators Act and Personnel Administration Measures
    • The National Curriculum Statement
    • Code of conduct for learners and educators
    • What constitutes misconduct?
    • How to discipline
    • Classroom practice
    • The use of different teaching strategies
    • How to conduct a parent meeting
    • Safety procedures at the school
    • Handling of monies
    • How to deal with learners with learning difficulties
    • The School Management Team
    • What constitutes a proper academic standard
    • Assessment of learners
    • The use of teaching aids
  3. The Mentor System
    The Mentor System should be considered.  A mentor will help the educator to reduce frustrations.  A mentor is a fellow educator involved in assisting the beginner educator to learn to teach in a school-based setting.  The mentor can assist with discipline and classroom management, lesson planning and routines but also with moral support, guidance and feedback.

12.11 EDUCATORS: APPRAISAL AND DEVELOPMENT

12.11.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • South African Council for Educators Act 31 of 2000 [SACE]
  • Employment of Educators Act 76 of 1998 [EEA]

 

COLLECTIVE AGREEMENTS

  • ELRC Collective Agreement: No1 2003-Evaluation procedures, processes and performance standards for institute based educators [CA 1/2003]
  • ELRC Collective Agreement: No8 2003-Integrated Quality Management System (IQMS) [CA 8/2003]
  • ELRC IQMS Training Manual [CA IQMS]

KwaZulu-Natal

CIRCULARS

  • KZN HRM Circular No 31 of 2009 dated 26 March 2009: Effective Management of Work Performance [Reference B4 31/2009]
  • KZN HRM Circular No 49 of 2011 dated 25 May 2011: Manual for the Management of Poor Performance [Reference B4 49/2011]

WesternCape

CIRCULARS

  • The Integrated Quality Management System (IQMS) Minute No. DQA/0001/2005 [Reference B9 DQA/0001/2005]
  • Summative Evaluation of institution-based educators remunerated by the WCED Minute No. DQA/0002/2005 [Reference B9 DQA/0002/2005]
  • Baseline scores of all first-time implementers – IQMS 2006 DQA/ 0012/2006 [Reference B9 DQA 0012/2006]
  • School Self-assessment of the IQMS Process DQA/0013/2006 [Reference B9 DQA/0013/2006]

12.11.2Framework for the Development of School Policy on Educators: Appraisal and Development – The Integrated Quality Management System (IQMS)

  1. What is the IQMS?
    • The IQMS is an integrated quality management system that consists of three programmes, which are aimed at enhancing and monitoring performance of the education system. These are:
      • Developmental Appraisal;
      • Performance Measurement; and
      • Whole School Evaluation.
    • The purpose of Developmental Appraisal (DA) is to appraise individual educators in a transparent manner with a view to determining areas of strength and weakness, and to draw up programmes for individual development.
    • The purpose of Performance Measurement (PM) is to evaluate individual teachers for salary progression, grade progression, affirmation of appointments and rewards and incentives.
    • The purpose of Whole School Evaluation (WSE) is to evaluate the overall effectiveness of a school as well as the quality of teaching and learning.
    • These three programmes are implemented in an integrated way in order to ensure optimal effectiveness and co-ordination of the various programmes.
  2. Purpose of IQMS
    • To identify specific needs of educators, schools and district offices for support and development;
    • To provide support for continued growth;
    • To promote accountability;
    • To monitor an institution’s overall effectiveness; and
    • To evaluate an educator’s performance.
  3. Guiding Principles of IQMS
    The implementation of the IQMS is guided by the following principles:

    • The need to ensure fairness, for example, there can be no sanction against an educator in respect of his/her performance before providing meaningful opportunities for development.
    • The need to minimise subjectivity through transparency and open discussion.
    • The need to use the instrument professionally, uniformly and consistently.
    • The need to be developmental rather than judgmental.
    • The need to be open, inclusive and transparent.
    • The need to focus on growth and not deficits.
  4. Roles and responsibilities of individuals and structures involved in implementing the IQMS
    • The Principal
      • Has the overall responsibility to ensure that the IQMS is implemented uniformly and effectively at the school.
      • Must ensure that every educator is provided with a copy of this document and other relevant IQMS documentation.
      • Ensures that all documentation sent to the District/local office is correct and delivered in time.
      • Responsible for internal moderation of evaluation results in order to ensure fairness and consistency.
    • The Educator
      • Must undertake self-evaluation of his/her performance.
      • Identifies his/her personal support group – Development Support Group (DSG).
      • Develops a Personal Growth Plan (PGP) and finalizes it together with the DSG.
      • Attends INSET and other programmes in terms of areas identified for development.
      • Engages in feedback and discussion.
    • School Management Teams (SMT)
      • SMTs inform educators of the INSET and other programmes that will be offered and make the necessary arrangements for educators to attend.
      • Assist with the broad planning and implementation of IQMS.
      • Ensure that school self-evaluation is done in terms of the WSE policy and in collaboration with the SDT.
    • The Staff Development Team (SDT)
      The SDT is made up of the principal, the WSE co-ordinator, democratically elected members of the school management and democratically elected post level 1 educators. The school should decide on the size of the SDT.  It is suggested that the number could be up to about 6 depending on the size of the school. In schools with only one or two educators such educators make up the SDT but the District / Circuit provides the support.
      Roles and Responsibilities of the SDT

      • Ensures that all staff members are trained on the procedures and processes of the IQMS.
      • Coordinates all activities pertaining to staff development.
      • Prepares and monitors the management plan for the IQMS.
      • Facilitates and gives guidance on how DSGs have to be established.
      • Prepares a final schedule of DSG members.
      • Links Developmental Appraisal to the School Improvement Plan (SIP).
      • Liaises with the department in respect of high priority needs such as INSET, short courses, skills programmes or learnerships.
      • Monitors effectiveness of the IQMS and reports to the relevant persons.
      • Ensures that all records and documentation on IQMS are maintained.
      • Oversees mentoring and support by the DSGs.
      • Develops the School Improvement Plan (SIP) based on information gathered during Developmental Appraisals.
      • Coordinates ongoing support provided during the two developmental cycles each year.
      • Completes the necessary documentation for Performance Measurement (for pay or grade progression), signs off on these to assure fairness and accuracy.
      • Submits all the necessary documentation (e.g. SIPs) to the District/Local Departmental office in good time for data capturing.
      • Deals with differences between appraisees and their DSGs in order to resolve the differences.
      • Coordinates the internal WSE processes.
      • Ensures that the IQMS is applied consistently
      • Liaises with the external WSE Team to coordinate and manage the cyclical external WSE process.

12.12 LEAVE MEASURES

12.12.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]

 

GUIDELINES

  • Personnel Administration Manual [PAM]

 

COLLECTIVE AGREEMENTS

  • PSCBC Resolution 1 of 2007 Agreement on improvement in salaries and other conditions of service [CA 1/2007]
  • PSCBC Resolution 1 of 2012, Government Gazette No. 30134, dated 30 July 2007 and the Determination on leave of absence in the public service, July 2009) [CA 1/2012]
  • The amended determination and directive on Leave of Absence in the Public Service: Implementation of PSCBC Resolution 2 of 2015 and other policy aspects June 2015 [CA 2/2015]

Gauteng

GUIDELINES

  • Circular 5/2014 – Time off/Leave Measures for Union Activities and Permission for Civil Organisation Related Activities [Reference B3 5/2014]

KwaZulu-Natal

POLICIES

  • KZN Policy on Special Leave for Employees as well as absences from… [Reference B4 KZN SL]

 

CIRCULARS

  • HRM Circular No 49 of 2009 dated 20 April 2009: Implementation of revised determination on leave of absence of educators in terms of PSCBC resolution 1 of 2007 [Reference B4 49/2009]
  • HRM Circular No 60 of 2010 dated 11 August 2010: Annual Leave for Public Service Personnel and Educators attached to Educational Institutions (covers annual leave entitlements for PS staff and educators) [Reference B4 15/2010]
  • HRM Circular No 15 of 2011 dated 11 March 2011: Roles and Responsibilities relating to the submission of Leave Forms and Automatic Discharge on account of Misconduct [Reference B4 15/2011]
  • HRM Circular No 16 of 2013 dated 8 March 2013: Roles and Responsibilities for Submission of Leave Forms (this circular references to HRM 15 of 2011) [Reference B4 16/2013]
  • HRM Circular No 15 of 2013 signed 22 March 2013: Prolonged Leave of Absence [Reference B4 15/2013]
  • HRM Circular No 17 of 2013 dated 8 March 2013: Adoption and Surrogacy Leave [Reference B4 17/2013]
  • HRM Circular No 18 of 2013 dated 8 March 2013: Pre-Natal Leave [Reference B4 18/2013]

Limpopo

GUIDELINES

  • Special Leave for Study and Examination Purposes [Reference B5 SL]

Mpumalanga

POLICIES

  • Mpumalanga Department of Education: Bereavement Policy, Febr. 2010 [Reference B6 MP BP]

NorthernCape

POLICIES

  • NC Bereavement Policy, 22 May 2017 [Reference B7 NC 22/2017]

 

CIRCULARS

  • Circular 34/2017 – Management of incapacity leave (PILIR) and related consequences (12 Apr. 2017) [Refefence B7 34/2017]

12.12.2Framework for the Development of School Policy on Educators: Leave Measures

(See PAM Chapter H)

Also see also Reference List C [PRINCIPALS]

  1. Annual leave
    • Educators are entitled to annual leave with full pay during each leave cycle of 12 months, commencing on 01 January of each year.
    • An educator retains all her or his leave credit when she or he is transferred within a department or between State departments without a break in service.
    • Unless indicated otherwise in these measures, days of leave granted in respect of any category of leave, other than annual leave, shall not be deducted from an educator’s leave provision in respect of annual leave.
    • An educator shall not be considered to be on leave if she or he:
      • must appear as a witness
        • in any court;
        • in misconduct proceedings or in a misconduct investigation in terms of any law;
        • at inquest proceedings; or
        • before a commission or committee appointed by the State or before any committee or institution instituted by or in terms of any Act;
      • appears as defendant or co-defendant in civil proceedings arising from his or her official duties and in which the State or any statutory body or institution has a direct interest;
      • is taken into custody or must appear in any court on a criminal charge and the offence he or she is charged with is withdrawn or if he or she is acquitted of such offence; or
      • attends or participates in a training programme required by the employer or the professional body with whom s/he is required to register in order to remain registered or with the approval of the employer attends or participates in a training programme or other activity that is in the employer’s interest.
    • Annual leave entitlement of institution-based educators
      • An institution-based educator will be regarded as being on annual leave during institution closure periods that are outside of scheduled working time, provided that the measures regarding the workload, duties and responsibilities of educators may require such an educator to perform some of his or her normal duties, such as preparation for the new school term or the marking of internal examination scripts, during such periods. However, such an educator will not be required to report at any work place to perform any of these duties.
      • If, after sufficient notice, an institution-based educator is required by the employer to report for official duty during an institution closure period outside the scheduled working time, s/he will be remunerated additionally for the performance of such duties in terms of the applicable measures in Chapter C. Such remuneration will not apply in respect of the voluntary performance of duties by an educator during an institution closure period.
      • Save for leave accrued in terms of paragraph 4.5.1 of the PAM, an institution-based educator does not accrue any leave credit for purposes of payments, for carry over to a next leave cycle, or for extending other forms of leave.
    • Annual leave entitlements and measures in respect of office-based educators
      • The main purpose of annual leave is to provide periods of rest to an office-based educator but, subject to these measures, may also be used to extend periods of other categories of leave as provided in these measures.
      • An application for annual leave may not be unreasonably refused, taking into consideration service delivery requirements.
      • The full year leave entitlement of an office-based educator is –
        • 22 working days in respect of an educator with less than 10 years’ service;
        • 30 working days in respect of an educator with 10 or more years of service; and
        • The annual leave entitlement of an educator appointed after 1 January of each year will be calculated proportionally in relation to each full month of service at a rate of 1,83 working days if entitled to 22 working days, and 2,5 working days if entitled to 30 working days annual leave in a leave cycle.
      • Temporary educators appointed for a fixed period and educators appointed in a part-time or shared capacity, will be granted annual leave on a pro rata basis.
      • Temporary educators appointed for a fixed period shall be granted annual leave that is proportional to their term of employment at a rate of one-twelfth of their full year entitlement per month of service.
      • For each 15 consecutive days leave taken without pay, the educator’s annual leave entitlement is reduced by 1/24th.
      • For the purpose of granting annual leave, working days mean Monday to Friday, excluding public holidays.
      • At least 10 working days must be taken as leave days during the annual leave cycle.
      • All leave not taken during a leave cycle must be taken no later than 6 months after the expiry of the relevant leave cycle, where after, unused leave credits shall be forfeited.
      • An employing department must inform office-based educators at the end of each annual leave cycle of the number of leave days that the educator has to his or her credit.
      • An educator must submit his/her application for annual leave in advance, unless unforeseen circumstances prevent him/her from doing so. In such a case the educator must submit an application for annual leave personally or through a relative, fellow employee within 5 working days after the first day of absence.
      • An application for annual leave may not be unreasonably refused. The head of the office/supervisor must take into account service delivery requirements when approving the leave.
      • If due to the employer’s service delivery requirements an office-based educator’s application for leave is denied by the employer and not rescheduled, such leave must, upon request, be paid out to the educator at the end of the 6 months’ period. An educator’s request for payment of unused leave credits must be:
        • in writing;
        • accompanied by written proof of refusal of leave by the employer or of instruction to report for duty as the case may be; and
        • lodged by no later than the end of the relevant 6 months’ period.
      • Heads of Department shall, at the end of the relevant 18 months’ period, report to the relevant legislature on the number of educators denied annual leave, reasons for such denial and the amount paid in this regard.
    • Payout of unused leave credit
      • Office-based educators shall be paid the cash value in respect of unused leave credit upon termination of service and in terms of subparagraph H4.3.9. The payment will be limited to a maximum number of days, equivalent to the annual leave entitlements.
      • Payment of annual leave credits shall be calculated using the educator’s basic salary (with the exclusion of benefits).
      • For all terminations in respect of office-based educators without any capped leave, leave payouts will be calculated in terms of the following formula:
        • {(A – B) + (C – D)} x E
          260.714
        • Where:
        • A = represents the full annual or pro rata leave entitlement in respect of the previous leave cycle. Pro-rata entitlement calculated as
        • X x Y
          12
        • Where –
        • X = Number of completed months of service;
        • Y = Annual leave entitlement per leave cycle.
        • B = represents the leave taken in the previous leave cycle
        • C = represents the pro rata leave entitlement in the current leave cycle (calculated as above)
        • D = represents the leave taken in the current leave cycle
        • E = Represents the educator’s remuneration (annual basic salary plus 37% and in the case of a member of the MMS, the all inclusive package) as at the last day of duty or at the end of the 6 months period mentioned in H.4.3.9 above.
    • For personnel who still have unused leave credits at the expiry of the 6 months period mentioned above, and who complied with the provisions of paragraph H.4.3.9, leave payouts will be calculated in terms of the following formula:
      • (A – B) x C
        260.714
      • Where:
      • A = represents the full annual or pro rata leave entitlement in respect of the previous leave cycle. Pro-rata entitlement calculated as
      • X x Y
        12
      • Where –
      • X = Number of completed months of service;
      • Y = Annual leave entitlement per leave cycle.
      • B = represents the leave taken in the previous leave cycle
      • C = Represents the educator’s remuneration (annual basic salary plus 37% and in the case of a member of the MMS, the all inclusive package) as at the last day of duty or at the end of the 6 months period mentioned in H.4.3.9 above.
  2. Annual leave accrued prior to1July 2000 and during the period 1 July 2000 to 31December 2001
    • Educators shall retain all audited leave credits accrued prior to 1 July 2000. The number of accrued leave days prior to 1 July 2000 shall be converted to working days using the following formula:
      • A x 5
        7
      • Where:
      • A = represents the number of audited leave credits
    • During the periods 1 July 2000 to 31 December 2000 and 1 January 2001 to 31 December 2001 all institution-based educators accrued 5 and 10 working days leave respectively or a pro rata number of such days calculated. Any of these days that were not granted to such an educator since 1 July 2000 shall be added to the number of leave days accrued prior to 1 July 2000.
    • The payouts in respect of such leave credits must be made in the event of:
      • Death
      • Retirement, including early retirement.
      • Medical boarding.
    • The leave payout in respect of educators with capped and audited leave credits will be determined in the following manner:
      • {[(A – B) + (C – D)] x E + (F x G)}
        260.714
      • Where –
      • A = represents the educator’s full annual or pro rata leave entitlement in respect of the previous leave cycle
      • B = represents the leave taken in the previous leave cycle
      • C = represents the pro rata leave entitlement in the current leave cycle
      • D = represents the leave taken in the current leave cycle
      • E = represents the educator’s remuneration (annual basic salary plus 37% and in the case of a member of the MMS, the all inclusive package) as at the last day of duty
      • F = represents the capped leave credits
      • G = represents the educator’s remuneration (annual basic salary only) as at the last day of duty
    • The HoD must determine whether there are periods which are unaudited and in such instances, the educator’s leave payout shall be paid on the basis of 6 days per completed year of service up to a maximum of 100 days in respect of the unaudited leave period. The formula in calculating the payout in respect of these days shall be as per paragraph H.4.5.4 above.
    • The HoD must determine procedures and measures in keeping with service delivery needs, on how educators will be allowed to utilise their leave credits accrued prior to the applicable dates referred to in paragraph H.4.5.1 above over and above the normal vacation entitlements.
    • The Head of Department shall determine whether there are periods which are unaudited and in such instances, the educator’s leave pay-out shall be paid on the basis of 6 days per completed year of service up to a maximum of 100 days in respect of the unaudited leave period. The formula in calculating the pay-out in respect of these days shall be as above.
    • The Head of Department shall determine procedures and measures in keeping with service delivery needs, on how educators will be allowed to utilise their leave credits accrued prior to the applicable dates referred to in paragraph 5.1 above over and above the normal vacation entitlements.
  3. Nomination of beneficiaries and leave pay-outs
    • An educator may, if he or she so desires, designate one or more beneficiaries to whom their leave credits may be paid in the event of their death.
    • If an educator dies and has not nominated a beneficiary, the leave credits may be paid:
    • In full to the spouse/life partner of that educator; or
    • If there is no spouse/life partner, in equal shares for the benefit of minor and other children (including legally adopted children) of the deceased who, at the time of her or his death, were fully dependant on the educator; or
    • If there are no children, to the educator’s estate.
  4. Annual leave with full pay granted in excess (Office-based educators)
    • An educator may not be granted annual leave with full pay in excess of that which the educator has to his or her credit, including leave credit in terms of paragraph H4.5.1.
    • If due to a bona fide error, an educator has been granted annual leave with full pay in excess of that which stood to her or his credit at that time, such excess grant must be deducted from the subsequent leave cycle.
    • If an educator who has been granted excess annual leave with full pay exits the service of the State, such leave granted in excess of what stood to the educator’s credit on such last day of duty must be regarded as an overpayment that must be recovered from her or him.
      • A x B
        260.714
      • Where –
      • A = represents the educator’s remuneration (annual basic salary plus 37% and in the case of a member of the MMS, the all inclusive package)
      • B = represents the number of days annual leave over-granted
      • 260.714 = represents the number of working days in a year
  5. Normal sick leave
    • Educators are entitled to 36 working days sick leave with full pay over a three-year cycle. Unused sick leave shall lapse at the expiry of the three-year cycle.
    • If an educator is unable to report for duty due to sudden illness, she or he must immediately notify his/her immediate supervisor of her or his inability to report for duty. An educator must submit an application for sick leave personally or through a relative, fellow educator within 5 working days after the first day of absence.
    • Educators who apply for three or more sick leave days must submit a medical certificate. For purposes of normal sick leave medical certificates issued and signed by the practitioners and persons who are certified to diagnose and treat patients, and who are registered with the following professional councils established by an Act of Parliament shall be accepted:
      • The Health Professions Council of South Africa.
      • The Allied Health Professions Council of South Africa.
      • The South African Nursing Council.
    • A medical certificate must contain the following information:
      • The name, address and qualifications of the practitioner or person
      • The name of the patient.
      • The employment number of the patient (if applicable).
      • The date and time of examination.
      • Whether the practitioner is issuing the certificate as a result of personal observations during an examination received from the patient and which is based upon acceptable medical grounds.
      • If the patient has given informed consent for it to be disclosed, a description of the nature and extent of the illness or injury in layperson’s language.
      • Whether the patient is totally indisposed for duty or whether the patient will be able to perform less strenuous duties in the work situation.
      • The exact period of recommended sick leave.
      • The date of issue of the certificate of illness.
      • A clear indication of the identity of the practitioner or person who issued the certificate.
      • The initial and surname in block letters, and the registration number of the practitioner who issued the certificate.
    • In instances where a pattern in the utilisation of sick leave has been established, a certificate may be required for absences of less than three working days. Notwithstanding the submission of a certificate, the employer may, on the grounds of further medical advice, refuse to grant sick leave for any absence from duty to which the certificate relates, and the absence shall be considered as leave without pay.
    • For every 15 consecutive days’ leave taken without pay, an educator’s sick leave entitlement shall be reduced by 1/72 per sick leave cycle.
    • The HoD must accept medical certificates that do not describe the nature and extend of an educator’s illness for sick leave taken during the normal sick leave cycle. The employer may request from the educator a medical certificate describing the nature and extent of the illness before granting sick leave, if the educator abuses the system during the normal sick leave period (e.g. a pattern of regular sick leave on Mondays and Fridays).
    • For purposes of temporary incapacity leave the employer only accepts medical certificates issued and signed by practitioners registered with the Health Professions Council of South Africa. and who are legally certified to diagnose and treat patients. Such medical certificates must describe that the illness or injury is temporary and, if the educator has given his/her informed consent, the nature and extent of the educator’s illness or injury.
    • If an educator in his/her first 36 days normal sick leave period, who has been absent from work on more than two occasions during an eight-week period, must regardless of the duration of the sickness or injury, submit a medical certificate stating that the educator was unable to work for the duration of the employee’s absence due to sickness or injury.
    • Any subsequent day of absence due to sickness or injury after the above-mentioned period must then be regarded as the first day of the next 8-week period. If the educator fails to submit the required medical certificate, the head of the institution must notify the educator that if the prescribed medical certificate is not received within 2 working days, the sick leave period will be deemed to be leave without pay.  If the educator fails to submit the medical certificate on time, the relevant absence must be covered by annual leave (with the educator’s consent), and or unpaid leave, if insufficient annual leave credits are available, and if the educator failed to notify the head of the institution of his/her choice.  Failure by the educator to submit his/her medical certificate within the stated period must be viewed in a serious light and disciplinary steps against the educator should be taken.
    • If an educator falls ill whilst on annual leave with full pay, such leave may be converted to sick leave provided that a certificate from a registered medical practitioner is submitted within 30 days to substantiate the indisposition.
    • Vacation leave without pay may not be converted into sick leave.
  6. Incapacity leave
    • Temporary incapacity leave
      • An educator who has exhausted her or his sick leave credit in a three-year cycle and who, according to the relevant medical practitioner, requires to be absent due to incapacity that is not permanent may be granted additional sick leave with full pay.
      • Such a condition must have been certified in advance by the attending medical practitioner as a temporary incapacity except where conditions do not permit.
      • For an educator’s application for temporary incapacity leave to be considered,
        • The educator must submit sufficient proof that he/she is too ill/injured to perform his/her work satisfactorily.
        • An application form must, regardless of the period of absence, be accompanied by a medical certificate issued and signed by a medical practitioner that certifies his/her condition as temporary incapacity and if the educator has consented, the nature and extent of the illness/injury.
        • The educator is, in accordance with item 10(1) of Schedule 8 to the LRA, afforded the opportunity to submit, together with his/her application form
          • Any medical evidence related to the medical condition of the employee, such as a medical report(s) from a specialist, blood results, x-ray results or scan results, obtained at the employee’s expense; and
          • Any additional written motivation supporting his/her application.
      • The educator is requested to give his/her consent that medical information/records be disclosed to the employer and/or its Health Risk Manager and to undergo further medical examinations in terms of the assessment process described in the PILIR.
      • The Head of Department may require the educator to obtain a second opinion before granting approval for additional sick leave. Expenditure in this regard will be met from the departmental budget.
      • The Head of Department may grant a maximum of 30 consecutive working days leave with full pay during which period an investigation must be conducted into the nature and extent of the incapacity. The investigation shall be conducted in accordance with item 10(1) of Schedule 8 of the Labour Relations Act, 1995.
      • On the basis of medical evidence, the Head of Department may approve the granting of additional sick leave days on conditions that she or he shall determine.
      • If the educator is of the view that she or he has been unfairly treated as regards the granting of additional sick leave, she/he has the right to follow the grievance procedure and the relevant dispute resolution procedures in order to settle the matter.
    • Permanent incapacity
      • Educators whose degree of incapacity has been certified by a competent medical practitioner as permanent shall, with the approval of the Head of Department, be granted a maximum of 30 working days paid sick leave, or such additional number of days required by the employer to finalise processes mentioned below.
      • The employer shall, within 30 working days, ascertain the feasibility of:
        • Alternative employment; or
        • Adapting duties or work circumstances to accommodate the educator.
      • An educator, whose degree of incapacity has been certified as permanent but who can still render a service, may, in terms of the applicable measures, be redeployed horizontally with retention of her or his benefits.
      • If the redeployment necessitates reallocation to a job of a lower grading, such action should be explained well in advance and the continued utilisation of such an educator should, in this regard, be with her or his consent.
      • In instances where the educator’s redeployment entails retraining, the employer shall take requisite resources (time and financial) and potential returns into consideration before approving redeployment.
      • The redeployment of an educator’s services should ensure the optimal utilisation of her or his competencies and should not compromise service delivery.
      • If the employer or the educator is convinced that the educator will never be able to render an effective service at her or his level or rank, the educator may proceed with an application for termination of service due to ill health.
      • The HoD may extend the period of permanent incapacity leave referred to in paragraph H.5.4.1 by a further 30 working days in order to finalise processes already commenced. If the processes set out in this Chapter are not completed within the 60 working days, the HoD must report the case to the DG of the DBE together with a report explaining the reasons for the delay.
  7. Leave for occupational injuries and diseases
    • Educators who, as a result of their work, suffer occupational injuries or contract occupational diseases, shall be granted occupational and disease leave for the duration of the period they cannot work.
    • If an educator suffers a work-related injury as a result of an accident involving a third party, the Head of Department shall grant her or him occupational injury leave provided that the educator:
      • Brings a claim for compensation against the third party.
      • Undertakes to use compensation (in terms of the Compensation for Occupational Injuries and
      • Diseases Act of 1993) received to recompense as far as possible for the employer’s contribution to the cost arising from the accident.
    • The Head of Department shall take reasonable steps to assist an educator to claim compensation.
    • When an educator is injured on duty or contracted an occupational disease the employer must pay the educator’s medical expenses in terms of the provisions of the Compensation on Occupational and Injury and Disease Act, The employer may, depending on the circumstances, recover certain expenses in the event where a third party was involved in the accident. Please refer to the guide: “Application Of The Compensation For Occupational Injuries And Diseases Act (COIDA) In The Workplace: A Guide For Government Departments” for further details.
  8. Special leave for quarantine purposes
    Special leave with full pay may be granted to an educator who has been exposed to a medical condition that requires such person to be placed under quarantine.
    Application for such leave must be accompanied by a certificate from a medical practitioner stating the period of quarantine as well as the reasons necessitating such leave.
  9. Maternity and Pre-Natal leave
    • An educator is entitled to 4 consecutive months’ maternity leave on full pay to commence at least 14 days prior to the expected date of birth but not later than the actual date of birth in a case of a premature confinement.
    • Maternity leave may be extended upon application by one or more of the following:
      • the granting of sick leave as a result of a medical complication;
      • the granting of up to 184 consecutive days unpaid leave; and
      • the granting of annual leave, including leave accrued if applicable.
    • An Educator who experiences a miscarriage, still birth or termination of the pregnancy after starting paid maternity leave, shall be eligible for six consecutive weeks paid maternity leave, where-after the granting of sick leave as a result of a medical complication shall apply.
    • For at least six weeks after the birth, no educator may commence with normal official duty unless the attending practitioner certifies that the educator is fit to do so.
    • Where it is practically feasible and subject to the previous bullet, an employer may allow an educator to interrupt her maternity leave by letting her return to work temporarily if the baby is hospitalised for a period longer than a month during the maternity leave due to premature birth or illness.
    • With effect from 1 January 2013 an eligible educator will be entitled to 8 working days pre-natal leave, per pregnancy, allowing the educator to attend medical examinations by a medical practitioner or midwife, and tests related to the pregnancy.
    • An educator can utilise a full day or part of a day for pre-natal leave.
  10. Adoption and Surrogacy leave
    • An educator who adopts a child that is younger than two years, qualifies for adoption leave to a maximum of 45 working days where-after the granting of up to 184 consecutive days unpaid leave and the granting of annual leave, including leave accrued if applicable shall apply.
    • If both spouses or life partners are employed in the Public Service, both partners qualify for adoption leave provided that the combined leave taken does not exceed 45 working days.
  11. Family responsibility leave and special leave for urgent private affairs
    • An educator shall be granted 5 working days leave per annual leave cycle if:
      • the educator’s spouse or life partner gives birth; or
      • the educator’s child, spouse or life partner is sick.
    • An educator shall be granted 5 working days leave per annual leave cycle if:
      • the educator’s child, spouse or life partner dies; or
      • the educator’s immediate family member dies.
    • An institution-based educator may, during a scheduled working period, be granted special leave to attend to: an urgent private matter, the nature of which is such that it warrants such an educator’s absence from work.
    • The number of leave days taken in terms of sub-paragraphs i. and ii. shall, in respect of an office based educator, not exceed 10 working days in an annual leave cycle.
    • The number of leave days taken in terms of sub-paragraphs i. to iii. shall, in respect of an institution based educator, not exceed 14 working days in an annual leave cycle.
    • An educator who has used all his or her leave in respect of subparagraphs i. to iii. may apply to:
    • Use available annual leave, including leave accrued in terms of paragraph i.; or
    • Use up to 184 calendar days of unpaid leave.
    • Immediate family member for purposes of paragraph H.10.2.2 and H.10.5.2 means the educator’s parent, adoptive parent, parents-in-law, sister- and brother-in-law, grandparent, child, adopted child, stepchild, grandchild or sibling. For the purposes of this provision “child” means the educator’s son or daughter, and where applicable son- or daughter-in-law, of any age.  The granting of family responsibility leave must be taken with due consideration of the employee’s cultural responsibilities.
    • An educator shall be granted five (5) working days per calendar year of family responsibility leave with effect from 20 May 2015 for employees with children who have severe special needs. (PSCBC Resolution No. 2 of 2015)
    • For purposes of paragraph H.10.9, a child with severe special needs is a child who has a mental, emotional or physical disability, certified by a medical practitioner, which requires health and related services of a type or amount beyond that required by children generally.
    • An application for family responsibility leave shall be supported by reasonable proof to demonstrate the severe special needs of the employee’s child.
  12. Paternity leave (PSCBC Resolution 2 of 2015)
    • 3 working days per calendar year of paternity leave for utilisation if the employee’s spouse of life partner gives birth to a child or adopts a child not older than two years.
    • An employee who has used all his/her paternity leave may, subject to the approval of the HOD, apply to:
      • Use his/her part or all of the 5 working days family responsibility leave provided in paragraph 10.1 and 10.4
      • Use available annual leave; or
      • Use up 184 calendar days of unpaid leave
    • An application for paternity leave shall be supported by reasonable proof.
  13. Special leave
    • Special leave for professional and personal development and for religious observances
      • Special leave with full pay may be granted to an institution-based educator
        • to engage in activities aimed at his or her professional development;
        • to engage in activities aimed at his or her personal development where such personal development is also in the interest of the employer; or
        • for a religious observance.
      • The total number of leave days granted to an institution-based educator may not exceed 3 working days per annual leave cycle.
    • Special leave for study purposes
      • Special leave may be granted to an educator for an approved course of study and for a period approved by the employer, on conditions as approved by the employer, including leave with full or partial pay or without pay.
      • If special leave with full or partial pay for study purposes is granted to an educator in terms of subparagraph
      • – the employer may call for periodic progress reports in respect of the educator’s studies and such educator shall enter into an agreement with the employer in a form approved by the employer in terms of which he or she undertakes to serve the employer immediately after completion of the period of special leave for study purposes for a period (hereinafter referred to as the service period) equal to at least the period for which special leave for study purposes on full pay has been granted to him or her, or for a service period proportional to the person’s pay during the period of special leave for study purposes, as the case may be.
    • Special leave for examination purposes:
      An educator may be granted special leave for examination purposes with full pay for each day on which such educator sits as a candidate for an examination approved for this purpose by the employer plus one additional day of special leave for study purposes for each such day of examination which may be taken on the working days immediately prior to the days of examinations.
    • Special leave for participating in sporting, cultural and other events:
      Special leave for a period and on conditions approved by the Head of a Department, in terms of policy of such department, may be granted to an educator for participating in sports, cultural, local council and other relevant activities. Participation for which leave may be granted may include representation of the country, province or other comparable level as an actual participant, referee, adjudicator, course or group leader, or for participating in or attending a relevant conference, meeting or other event approved for this purpose by the employer.
    • Special leave in extraordinary circumstances
      • Subject to section 14 of the Act and notwithstanding any disciplinary measures that may apply, unauthorised absence by an educator shall be regarded as special leave in extraordinary circumstances and shall be without pay unless the employer in a specific case determines otherwise.
      • If, in the opinion of the employer, circumstances justify it, it may grant or place an educator on special leave in extraordinary circumstances for any reasonable purpose and for any reasonable period, and such leave shall be without pay unless the employer determines otherwise.
  14. Unpaid leave
    • If an educator has utilised all her or his accrued annual leave, the Head of Department may grant her or him unpaid leave up to a maximum of 184 consecutive days.
    • Absences from work due to arrest, imprisonment or appearance in court on a criminal charge that leads to a conviction must be recorded as unpaid leave.
  15. Unpaid leave for continuity of service
    • Unpaid leave for a maximum of 120 consecutive days may be granted to an institution-based educator who was previously employed as an institution-based educator by the same or another education department for the purpose of retaining the continuity of the educator’s service.
    • The unpaid leave shall commence on the day immediately following the date on which the educator last received salary from his or her previous employer and shall expire on the day preceding the date of assumption of duty with the present employer.
    • The limitation of 120 days referred to in sub-paragraph H17.1 shall not apply to an educator in cases where the period concerned extends from the day immediately following the last day of a term to the day immediately preceding the first day of the term after a full term has elapsed.
    • Where unpaid leave for continuity of service has been granted to an educator, the service of the educator is regarded as continuous for all purposes of determining his or her period of service.

12.12.3Leave Provisions For Educators In A Temporary Capacity (Fixed Term Contract)

(PSCBC Resolution 1 of 2007, Government Gazette No. 30134, dated 30 July 2007 and the Determination on leave of absence in the public service, July 2009)

An educator appointed in a temporary capacity (fixed term contract) is eligible to the following types of leave on a pro rata basis linked to the duration of his/her contract:

  1. Annual leave
    An office-based educator appointed in a temporary capacity (fixed term contract) shall at the beginning of his/her contract period be granted annual leave that is proportional to his/her term of employment at a rate of one-twelfth of the annual leave credit applicable to the educator.  Annual leave for temporary school based educators is dealt with in paragraph H.4.2.
  2. Normal sick leave
    An educator appointed in a temporary capacity (fixed term contract)  shall at the beginning of his/her contract period be granted normal sick leave that is proportional to his/her term of employment at a rate of 1 day’s normal sick leave per month of service.
  3. Maternity leave
    An educator appointed in a temporary capacity (fixed term contract) shall be granted paid maternity leave that is proportional to her term of contract at a rate of 10 calendar days maternity leave with full pay calculated at each month of her term of contract to a maximum of 4 months, where after maternity leave without pay shall be granted. The total period granted in respect of maternity leave shall not exceed four consecutive months.
  4. Adoption leave
    A temporary educator who adopts a child that is younger than two years, shall qualify for adoption leave at a rate of 4 days paid leave for each month to a maximum of 45 working days
  5. Other provisions
    The terms and conditions attached to the granting of the above types of leave, as well as the provisions contained in: paragraph(s) H.4.4, H.4.6, H.5.3, H.5.4 (where applicable), H.5.2.5, H.5.2.6, H.6, H.11 and H.12 (where applicable) apply mutatis mutandis to an educator appointed in a temporary capacity (fixed term contract).

12.13 STUDENT EDUCATORS: TEACHING PRACTICE

12.13.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]

 Note: Currently no legislative and policy framework is available for regulating student teaching practice at schools.  Principals and SMT’s should consult and follow the guidelines received from the relevant tertiary institution in handling student teaching matters.

12.13.2Framework for the Development of School Policy on Student Educators: Teaching Practice

  1. General
    Teaching is one of the occupations where the beginner is given full responsibility right from the start.  For this reason it is essential for future teachers to be introduced to their future career through actual practice during their training years.  Teaching practice not only forms an important part of the education programme, but is also offers student teachers an excellent opportunity to identify with their future teaching careers.
    It is important for the principal and members of the teaching staff to have a positive attitude towards student teachings during the course of their teaching practice at schools.  This period should be a pleasant and meaningful learning experience.
  2. The following may be used as guidelines/suggestions in dealing with student teachers
    • The School
      • It is essential that schools give their full co-operation to universities in placing and receiving student teachers and that assistance in the form of suggestions and guidance be given to ensure that students derive maximum benefit from their visits to schools.
      • Students and teachers should make visiting lecturers and tutors feel at home by welcoming them and by inviting them to have tea with the members of staff in the staff room.
    • The Principal or the Student Tutor
      • Students are to be placed under the direct supervision of the principal or a teacher appointed by the principal as tutor over the students for their period of teaching practice.
      • The principal and/or the student tutor is to receive the student teachers and to take care of their orientation on the first morning of their teaching practice.
      • The orientation should, amongst others, include orientation with regard to time schedules, school building, school grounds, the general nature and environment of the community where the school is situated, school routine and the school policy.
      • As far as possible, students are to be placed with teachers from whom they will be able to derive the most benefit.
      • The principal/student tutor is to deal with the problems student teachers may encounter.
      • The student leader is responsible for liaison with the tertiary institution concerned.
      • At the end of the period of teaching practice the staff members who were involved are to meet to evaluate the students.
    • The staff members
      • Students are not to be kept busy with routine tasks, but are to be introduced to all practical facets of their future careers, including the extracurricular programme of the school, in a meaningful way.
      • Students are to be involved in the subject team of phase group as well as in subject meetings and discussions.
      • Teachers should give guidance and offer meaningful suggestions on lesson planning.
      • Student teachers are to be treated as colleagues, but they in turn, will be expected to adapt themselves to the school in the same spirit.
      • As potential professionally qualified teachers, students are to be informed of:
        • The purpose of official documents and the way in which these documents are to be dealt with;
        • Departmental policy; and
        • Professional conduct and etiquette.
      • In their capacity as prospective teachers and secondary educators, student teachers need to be furnished with information on, for example, the following topics:
        • Subject choices and subject courses;
        • Work books, manuals, syllabuses, schemes of work and text books;
        • Organisation of a subject;
        • Class groups (grouping and dealing with);
        • Maintaining discipline;
        • School organisation and administration; and
        • Class organisation and administration.
      • During their period of teaching practice student teachers need to be made aware that, as future educators, they would also have to play the role of:
        • Substitute parent;
        • Person in authority;
        • Example;
        • Inspiring influence; and
        • Career educator.
      • Student teachers
      • The university is to appoint a student leader who will be responsible for all the necessary arrangements concerning the group of student teachers allocated to a school. The student leader liaises between the student teachers and the principal.
      • Students are expected to be punctual and to be at the school for the full school day.
      • Students are to present at least one lesson per day; the lesson is to be written out in a teaching practice journal as prescribed by the university.
      • Dress code and conduct is to conform to that of members of the teaching staff.
      • Student teachers are not to become too familiar with pupils and are not to discipline pupils.
      • Students are to participate in extra-curricular activities as required by the school.
      • The student tutor is to compile a time-table for the student teachers for playground, road patrol, and tuck shop duties, etc., covering the duration of their teaching practice.
      • Student teachers who are absent owing to illness, are to hand medical certificates to the student leader who is to submit such certificates to the principal/student tutor.
  3. Discussions with student teachers
    There are several themes which may be discussed with student teachers as part of their in-service training during the course of their teaching practice.  The following themes may serve as guidelines in this respect:

    • Ways in which the student teacher can participate in extra-curricular activities.
    • The differences between a fourth year student and a beginner teacher.
    • Ways in which student teachers can assist pupils with problems at home.
    • Ways in which student teachers can show their sense of responsibility towards various facets of teaching.
    • Exemplary conduct by student teachers in their capacity as educators, etc.

12.14 EDUCATORS: POST PROVISIONING

12.14.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]

 

GUIDELINES

  • Personnel Administration Measures [PAM]

Limpopo

GUIDELINES

  • Limpopo Form for Application for Ad Hoc Posts [Reference B5 LIM ADHOC]
  • The Implementation of the 2016 Schools’ Post Establishments [Reference B5 2016 POST]
  • Draft 2014-2019 Employment Equity Plan [Reference B5 EQUITY]
  • How exactly does the process of declaring excess posts work? [Reference B5 EXCESS]

NorthernCape

GUIDELINES

  • NC Appointment of Grade R Practitioners… [Reference B7 Gr R APP]

12.14.2Framework for the Development of School Policy on Post Provisioning

  1. Post distribution model for the allocation of educator posts to schools
    • Principles on which the model is based:
      • The model is based on the principle that available posts are distributed among schools, proportionally to their number of weighted learners.
      • The concept of “weighted learner”, instead of actual learner, is used to enable schools to compete on an equal footing for posts. As some learners and some learning areas require more favourable post allocations than others, each learner is given a certain weighting that reflects its relative need in respect of post provisioning. Other factors like the size of the school, the need to redistribute resources and the need to ensure equal access to the curriculum may require that additional weighted learners be allocated to some schools. A weighted learner enrolment for each school is determined, which, in relation to the total learner enrolment of the province, reflects its relative claim to the total pool of available posts in the province.
    • Factors that are being taken into account in determining the post provisioning needs of schools and learners:
      Educational and administrative factors that impact differently on the post provisioning needs of learners and of schools for which specific provision is made in the model are the following:

      • The maximum ideal class size applicable to a specific learning area or phase. This ideal maximum value also takes into account complicating factors that may apply, such as additional contact time required between educator and learner and the requirement to attend to learners in more than one place at the same time. Although the situation in South Africa is such that ideal maximum class sizes cannot be complied with, these ideal values form a basis of comparison between the requirements of all the learning areas and grades.
      • Period load of educators. It is common practice that educators in the secondary school phases have a lower period load than educators in the primary school phases. This is mainly as a result of more complex time tables and subject combinations. A lower period load implies a more favourable overall learner-educator ratio. The norms used in this regard are based on average prevailing practices and do not represent workload policy.
      • Need to promote a learning area. By providing a more favourable learner-educator ratio in respect of a learning area in grades 10 to 12, schools can be motivated to promote such a learning area. This may only be done in terms of national or provincial policy in this regard.
      • The size of the school. The smaller a school, the more difficult it is to manage with a certain learner-educator ratio and the more favourable it should be. This matter is addressed by adding a certain constant number of weighted learners to each school. The constant additional number of weighted learners could be seen as providing for a school’s principal post, or for part of it, independently from the number of learners. It could also be seen as providing for posts to deal with certain basic responsibilities that each school has, irrespective of its size.
      • The number of grades. Especially in respect of smaller schools, it is more complex to manage a school with a relatively large number of grades than a similar sized school with only a few grades. This matter is addressed by linking the additional number of weighted learners, referred to under the previous point, to the number of grades. A further increase in the number of weighted learners of a combined school is required to compensate for the management complexity of such a school.
      • More than one language medium of instruction. In order to deal with this complicating factor, the number of weighted learners that is granted per grade in terms of the previous point, is increased if more than one language medium of instruction is used in the particular grade. A head of department may set a certain minimum number or percentage of the learners in a grade that must receive tuition in a second language before recognition is given in this way.
      • Disabilities of learners.
        • These learners require additional support from various categories of personnel.
        • Norms in this regard still need to be determined. A field-testing project will be conducted that will be aimed at determining norms with regard to the staffing of special and full-service schools and also incorporating schools with special/remedial/aid and/or pre-vocational classes, as well as district support teams. This project will be conducted in a number of districts where the allocation of posts will take place in accordance with the objectives of the field-testing project. In the other districts the status quo will remain for the time being. In order to manage the transformation and field-testing processes, all posts currently allocated to LSEN schools are to be top-sliced from the pool of posts to be distributed by means of the post distribution model. Schools in districts where the field-testing will not take place will retain their current establishments unless circumstances require otherwise. The top-sliced posts currently allocated to LSEN schools, as well as to other institutions or offices in the districts where the field-testing will take place will be allocated on the basis of criteria and outcomes of the field-testing process.
      • Access to the Curriculum.
        • In order to ensure affordable and fair access of learners to the curriculum, the numbers of learners that are fully funded in respect of subjects that are more expensive to offer need to be regulated. (Certain subjects are more expensive than others because they require smaller classes and/or special equipment and facilities.) A head of department, therefore, may identify specific schools at which the offering of such subjects should take place as well as the maximum number of learners at such schools that should take the subjects concerned. This means that a maximum number (or percentage) of learners may be set in respect of a particular subject at a particular school. Should a school exceed such a limit, the excess learners will be funded in terms of the norms applicable to the least expensive-subject. It is possible that the maximum number of learners that will be counted as taking a particular subject at a particular school may be specified as zero even though such a subject was considered for post provisioning purposes in the past. This would mean that all such learners taking such a subject would be counted as if they are taking the least expensive subject for purposes of post provisioning.
        • In order to assist a school to introduce such a subject, a certain minimum number of learners may be counted for post provisioning purposes during a phasing in period, even though the actual number of learners taking the subject is lower than this number. The implementation of these measures must be in accordance with a department’s policy on redress in the implementation and promotion of the curriculum.
      • Poverty
        • In order to compensate for the negative impact that poverty has on learning, the poverty grading of a school is also taken into account.
        • Level of funding. Policy may require that different phases be funded at different levels. Currently, all grades are set at a 100% funding level while Grade R is set at a funding level of 0%. This is merely a tool that could be used if and when required.
        • Ad Hoc factors. Certain factors that are not considered above, such as an unexpected growth in learner numbers, may exist at a particular school and may justify the allocation of additional posts to such a school. These posts must be allocated from an additional pool of posts that need to be created for this purpose.
  2. Educator post provision for public schools for learners with Special Education Needs (LSEN Schools)
    • Learners attending LSEN Schools are weighted according to their specific disability. The weightings for the different disabilities are indicated in the table below.
      Disabilities Weighting
       Specifically Learning Disabled  3.0
       Severely Mentally Handicapped  3.0
       Epileptic  3.0
       Cerebral Palsied  4.0
       Physically Disabled  4.0
       Severe Behaviour Problems 5.0
       Hard of Hearing 5.0
       Partially Sighted  5.0
      Blind 5.0
      Deaf 5.0
       Autistic 6.0
      Mildly to moderately learning disabled 2.5
    • Learners who are mildly to moderately learning disabled in an ordinary public school are weighted according to their subjects and not in terms of their disability. If they are attending a LSEN School where they receive vocational training, they are counted as 2.5 weighted learners each.
  3. Grading of Schools
    The salary level of a principal of a school is determined by the grading of the school, which is done in accordance with the number of educator posts allocated to the school in terms of national norms.  In respect of special schools (LSEN schools) the number of educator posts allocated to a school for this purpose, includes all educator posts allocated in terms of national norms (teaching staff and therapists).

    Educator Posts
    on the
    Departmental
    Establishment
    of the school
    Applicable
    Salary levels
    Grading Minimum
    posts
    required
    for
    upgrading
    to next
    level
    Number of
    posts to which
    the
    establishment
    must drop
    before the
    institution will
    be down-graded
    1 Salary levels 6, 7 and 8
    (As for post level
    1 educators plus the
    applicable allowance)
    S1 2
     2 – 3  8 – 9 S8 4 1
    4 – 12 9 S9 13 2
    13 – 24 10 S10 26 10
     25 – 45 11 S11 47 22
    46+ 12 S12 43

12.15 EDUCATORS: QUALIFICATIONS FRAMEWORK

12.15.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • National Qualifications Framework Act, No. 67 of 2008 [NQF]
  • Employment of Educators Act 76 of 1998 [EEA]

 

POLICIES

  • Revised Policy on the Minimum Requirements for Teacher Education Qualifications [NP 38487/2015]
  • Policy on Minimum Requirements for Programmes Leading to Qualifications in Higher Education for Early Childhood Development Educators (GN 299 in 40750, 31 March 2017) [NP 40750/2017]

 

REGULATIONS

  • Salary adjustment: ‘Improvement in Conditions of Service: Annual Cost-of-Living Adjustment for Educators Employed in terms the Employment of Educators Act, 1998 with effect from 1 April 2017 (GN 386 in GN 40815 of 28 April 2017) [NR 40815/2017]

 

GUIDELINES

  • Personnel Administration Measures [PAM]

Mpumalanga

GUIDELINE

  • Mpumalanga Department of Education: RESEARCH MANUAL, 2009 [Reference B6 RESEARCH 2009]

12.15.2Framework for the Development of School Policy on The Qualifications Framework

  1. According to SAQA a qualification is:
    A planned combination of learning outcomes which has a defined purpose or purposes, and which is intended to provide qualifying learners with applied competence and a basis for further learning.
    Also, a qualification may be achieved in whole or in part through the recognition of prior learning, which concept includes but is not limited to learning outcomes achieved through formal, informal and non-formal learning and work experience.
  2. Framework of qualifications
    The following framework of qualifications, together with the seven roles and their associated applied competences allows providers, through the Standards Generating Body for Educators in Schooling, to develop qualifications and programmes that are designed for specific purposes and contexts, but within an overall regulatory framework promoting national standards. It will also be used by the Department of Education to recognise and evaluate qualifications for employment in education.

    Area of qualification Total
    credits
    Level
    Diploma in Gr R
    teaching
    To accredit a learner with introductory practical, foundational and reflexive competence. To provide an entry and exit point before the completion of the Bachelor of Education degree. 240 6
    Advanced
    Certificate
    In general, an advanced Certificate is primarily vocationally oriented. A recognised professional teaching qualification is required for entry into an Advanced Certificate in Education. 120 6
    Bachelor of
    Education
    Degree
    To accredit a general formative qualification with one or more subject/learning area specialisations in order to provide access to a PGCE as a ‘capping’ qualification. 480 7
    Post-Graduate
    Certificate in
    Education
    To accredit a generalist educator’s qualification that ‘caps’ an undergraduate qualification. As an access requirement candidates are required to have appropriate prior learning which leads to general foundational and reflexive competence. The qualification focuses mainly on developing practical competence reflexively grounded in educational theory. 120 7
    Advanced
    Diploma
    The advanced Diploma is used as a CPD qualification to further strengthen and enhance an existing specialisation in a subject, or to develop a new role or practice to support teaching and learning in a school or in education more broadly. 120 7
    Bachelor of
    Education
    To accredit an initial qualification for educators in schools. The learner will have strong practical and foundational competence with the reflexive competence to make judgements in a wide context. The qualification is intended for candidates seeking a focused teaching degree with strong subject and educational theory competence. 480 7
    Bachelor of
    Education
    (Honours)
    To accredit the advanced and specialised academic, professional or occupational study of an aspect of education. It is designed to build the competence of expert educators and curriculum specialists, system managers, or educational researchers. Through this qualification learners will be prepared to embark on a course of study leading to an M Ed at NQF level 8. Although the B Ed (Honours) must include some specialisation and a focus on research, the nature of these will vary depending on whether an academic, professional or occupational focus is chosen. 120 8
    Post Graduate
    Diploma in
    Education
    To accredit advanced and specialised occupational, academic and professional study. This qualification can accredit the coursework component of a Masters’ degree or provide an entry or exit point before the completion of a Masters’ degree. 120 8
    Master of
    Education
    To accredit the advanced and specialised academic or professional study of an aspect of education with emphasis on research. The degree may be taken by thesis or by a combination of thesis and coursework. 180 9
    Doctor of
    Education
    To accredit the highly advanced and specialised academic or professional study of an aspect of education in which the learner demonstrates capacity for sustained, original research 360 10

    The various qualification types are shown in the following diagram:

    12.15.2 Qualifications for educators in schooling

     

  3. Requirements in respect of REQV’S
    REQ EDUCATION QUALIFICATION
    10 Grade 12 or lower without a teacher’s qualification.
    11 Grade 8, 9, 10 or 11 plus a teacher’s qualification of at least two years apposite training.
    12 Grade 12 plus one or two years apposite training.
    13 Grade 12 plus three years apposite training.
    14 Grade 12 plus four years apposite training.
    15 Grade 12 plus five years apposite training.
    16 Grade 12 plus six years apposite training. Only professional qualified educators can be classified under REQV 16, provided such persons are in possession of a recognised completed university degree.
    17 Grade 12 plus seven years apposite training. To be regarded as having an REQV of 17 a candidate must, in addition to the requirements for classification under REQV 16, also be in possession of at least a recognized master’s degree.

12.16 THE RIGHTS OF EDUCATORS

12.16.1Legislative and Policy Framework

ACTS

  • The Constitution of the Republic of South Africa (Act 108 of 1996) [SAC]
  • The Bill of Rights in the Constitution of the Republic of South Africa, Act No. 108 of 1996 [BoR]
  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]
  • The remuneration of educators who are appointed to train other educators, Employment of Educators Act 76 of 1998 [EEA] , [Also see Reference List A RUM]

 

GUIDELINES

  • DBE Human Resources Management Guidelines for Schools [NG HR]
  • DPSA Booklet: Salaries and Benefits in the Public Sector [NG SALARIES BENEFITS]
  • The South African Labour Guide – Unfair Dismissals [NG UNFAIR DISMISSAL]
  • Personnel Administration Measures [PAM]

 

Also see:

 

EasternCape

CIRCULAR

  • EC Internal memorandum: Adjustment of Housing Allowance for Employees in the Public Service who are Home-Owners [Reference B1 EC HOUSING]

KwaZulu-Natal

CIRCULARS

  • KZN HRM Circular No 15 of 2012 dated 2 March 2012: Management of Strike Action: Manual and Forms [Reference B4 15/2012]
  • KZN HRM Circular No.  58 Of 2015 Adjustment Of Housing Allowance For Employees In The Public Service who are Home-Owners [Reference B4 58/2015]

Limpopo

CIRCULAR

  • Circular on Appointment and Payment of Acting Allowance [Reference B5 154/2013]

12.16.2Framework for the Development of School Policy on the Rights of Educators

As with all other employees in South Africa, the rights of educators are also enshrined in the Bill of Rights and not just the rights of children or learners.  Below follows an extract of some of relevant Sections.

  1. Bill of Rights
    This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom:

    • Everyone is equal before the law and has the right to equal protection and benefit of the law.
    • Everyone is equal before the law and has the right to equal protection and benefit of the law.
    • Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
    • Religious observances may be conducted at state or state-aided institutions, provided that –
      • those observances follow rules made by the appropriate public authorities;
      • they are conducted on an equitable basis; and
      • attendance at them is free and voluntary.
    • Everyone has the right to freedom of expression, which includes –
      • freedom of the press and other media;
      • freedom to receive or impart information or ideas;
      • freedom of artistic creativity; and
      • academic freedom and freedom of scientific research.
    • Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.
    • Everyone has the right to freedom of association.
    • Everyone has the right –
      • to a basic education, including adult basic education; and
      • to further education, which the state, through reasonable measures, must make progressively available and accessible.
    • Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account –
      • equity;
      • practicability; and
      • the need to redress the results of past racially discriminatory laws and practices.
    • Everyone has the right to establish and maintain, at their own expense, independent educational institutions that
      • do not discriminate on the basis of race;
      • are registered with the state; and
      • maintain standards that are not inferior to standards at comparable public educational institutions.
    • Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.
    • Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community –
      • to enjoy their culture, practise their religion and use their language; and
      • to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.
    • Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.
    • Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.

12.17 FORMULAS FOR CALCULATING PENSION AND LUMP SUM FOR EDUCATORS

12.17.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]

GUIDELINES

  • Personnel Administration Measures [PAM]

12.17.2Framework for the Development of School Policy on Educators

Also see: SAOU 21/2017 National Newsletter – GEPF Divorce, Information and Beneficiaries

  1. Formulas for calculating pension and lump sum for educators
    • Pension contributions
      Educators who are allowed to be members of the State Pension Fund, contribute 7,5% of their salaries to the fund.
    • Termination of employment on medical grounds
      In a case of long illness, the Head of Education may determine that an educator may retire or the educator may submit such a request in the prescribed manner.  The educator’s retirement benefits are calculated according to the formula provided later.  The Head of Education acts on recommendations of the Health Risk Manager.
    • Payment of retirement benefits from the State Pension Fund
      For the calculation of all formulae, the term “end salary” is defined as the average salary notch of the member’s last 24 months of service.
    • Termination of service (less than 10 year’s pensionable service)
      If the service of a member with less than 10 years’ pensionable service is terminated for any of the following reasons:

      • Health reasons not due to own actions;
      • Abolishment or re-organisation of the post;
      • If the termination will make the Department more effective;
      • Inability to perform duties, misconduct excluded; or
      • Due to an injury or ill health caused by an accident during or as a result of the member’s duties, but not due to the member’s own actions;
        • A gratuity calculated as follows is payable:
        • 15.5 x end salary x pensionable years of service
          100
        • This amount is increased by a third, except in case of inability to perform duties effectively.
    • Termination of service (pensionable service of 10 years or more)
      If the service of a member with more than 10 years’ pensionable service is terminated for the reasons mentioned above, the following gratuity is payable:
      (a) A gratuity calculated as follows:

      6.72 x end salary x pensionable years of service
      100

    (b) Annuity calculated as follows:

    1 x end salary x pensionable years of service + R360
    55

As for:

    • Health reasons not due to own actions;
    • Abolishment or re-organisation of the post;
    • If the termination will make the Department more effective;
    • misconduct; or
    • Due to an injury or ill health caused by an accident during or as a result of the member’s duties, but not due to the member’s own actions;
      one third of the period of pensionable service up to a maximum of 5 years, or the difference between the person’s age and 60 years, whichever is the smallest, is added.
  1. Retirement (less than 10 years’ pensionable service)
    If a member retires with less than 10 years’ pensionable service:

    • On or after the retirement date;
    • Before retirement age in terms of the Act that regulates the conditions of service; or
    • As a result of the expiry of the service contract, a gratuity is payable equal to the actuarial value of the member’s pension.
  2. Retirement (10 years’ pensionable service or more)
    • If a member retires with more than 10 years’ pensionable for a reason mentioned in 3 above, the following is payable:
      (a) A gratuity calculated as follows:

      6.72 x end salary x pensionable years of service
      100

    (b) Annuity calculated as follows:

    1 x end salary x pensionable years of service + R360
    55
  3. If a member has reached the age of 50, but not 60, the above benefits are reduced by .33% for each month between the member’s age and 60 years.
  4. Members should note that only educators appointed before 1 May 1996 and who have more than 10 years’ pensionable service, may retire between the ages 50 and 55. (The reduction of 4.2 is applicable)
  5. Resignation
    Resignation benefits are calculated according to the following formula:

    • Educators below 55 years:
      Number of pensionable service years x end salary x F(z)

      Age F(z)
      54 0.2451
      53 0.241
      52 0.2369
      51 0.2331
      50 0.2294
      49 0.2263
      48 0.2233
      47 0.2204
      46 0.2176
      45 0.215
      44 0.2125
      43 0.2102
      42 0.208
      41 0.2062
      40 0.2027
      39 0.2005
      Age F(z)
      38 0.1983
      37 0.1961
      36 0.1939
      35 0.1917
      34 01895
      33 0.1873
      32 0.1851
      31 0.1834
      30 0.1818
      29 0.1801
      28 0.1785
      27 0.1768
      26 0.1752
      25 0.1735
      24 0.1719
      23 0.1702
    • Educators above 55 years:
      Gratuity + [A(x) x Annual pension would receive]

      Age A(x)
      55 12.3302
      56 12.1524
      57 12.0555
      58 11.9641
      59 11.7526
      60 11.5293
      61 11.8003
      62 11.9488
      63 11.9136
      64 11.7826
      65 11.6517
    • A member may request that an amount equal to the actuarial value, calculated according to the relevant formula, is transferred to an approved retirement fund or preservation fund at resignation. Enquiries may be directed to the nearest SAOU office.
    • A member loses the following benefits at resignation, namely leave credit, pro-rata service bonus, medical-, housing subsidy and funeral benefit.
  6. Benefits at the death of a member:
    • Members with less than 10 years’ pensionable service: A gratuity is payable to the greatest of the member’s actuarial value and end salary.
    • Members with 10 years’ and more pensionable service receive the following:
      (a) A gratuity calculated as follows:

      6.72 x end salary x pensionable years
      100

    (b) Five times the retirement amount he/she would have received at retirement calculated as follows:

    5x 1 x end salary x pensionable years of service + R360
    100
  7. For calculation of the abovementioned gratuities, one third of the period of pensionable service, to a maximum of 5 years or the difference between the person’s age and 60 years, whichever is the smallest, is added to the years of service.
  8. Spouse’s pension
    If a member is survived by his or her spouse, a spouse’s pension is paid to the spouse equal to half the annuity the member would have received if he or she had retired at the age of 60 years.
  9. Benefits at the death of pensioners
    • If a pensioner passes away within 5 years of retirement, a benefit is payable to the spouse or dependants equal to the sum of the annuity payable, as calculated from the first day of the month following the death up to the last day of the month in which the 5 year period expires.  The formula is as follows:
      1 x end salary x pensionable years of service x unexpired months of 5 years
      55
  10. If a pensioner is survived by a spouse, a spouse’s pension is payable equal to half of the annuity that the pensioner received at his or her death unless, at retirement, the pensioner chose a lessened monthly pension or a lessened annuity. In the last two instances (lessened monthly pension or lessened annuity) 75% of the monthly pension is payable as spouse’s pension.
  11. Tax on retirement benefits
    • Pension gratuities (Resignation benefits excluded)
      Tax on pension gratuity (single amounts) is phased in from March 1998 and is calculated according to completed years of service. Exemption amounts are involved for the different ways of retirement.
    • Monthly pension
      Monthly pension benefits are taxed according to the normal tax scales.
  12. Payment on funeral benefits
    As from 1 December 2002 the following members qualify for the payment of a single amount as funeral benefit at the death of:

    • A serving, contributing member of the GEPF (R7500);
    • A pensioner retired on or after 1 December 2002 (R7500);
    • A Spouse/life partner of 1 or 2 above (R7500) and
    • A dependant eligible child of 1 or 2 above (R3000)
    • In cases of a still birth, provided that the mother had been pregnant for at least 26 weeks or more.

12.18 EDUCATORS ON DUTY INJURY

12.18.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993 [COID]
  • Compensation for occupational injuries and Diseases Act, No. 130 of 1993, as amended increases of maximum amount of earnings on which the assessment of an employer shall be calculated [COID 16/2018]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]

GUIDELINES

  • Personnel Administration Measures (Chapter H.5 and H.6) [PAM

12.18.2Framework for the Development of School Policy on Educators: On Duty Injury

Below follow some extracts from the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993. For guidelines or further information on the development of policy on on duty injury of educators or any further information on the topic, Principals and School Governing Bodies are referred to the Act.

  1. Purpose of the Act:
    To provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith.
  2. Compensation for occupational injuries
    Right of employee to compensation

    22.(1) If an employee meets with an accident resulting in his disablement or death such employee or the dependants of such employee shall, subject to the provisions of this Act, be entitled to the benefits provided for and prescribed in this Act.
    (2) No periodical payments shall be made in respect of temporary total disablement or temporary partial disablement which lasts for three days or less.
    (3) (a) If an accident is attributable to the serious and wilful misconduct of the employee, no compensation shall be payable in terms of this Act, unless-
    (i) the accident results in serious disablement; or
    (ii) the employee dies in consequence thereof leaving a dependant wholly financially dependent upon him.
    (b) Notwithstanding paragraph (a) the commissioner may, and the employer individually liable or mutual association concerned, as the case may be, shall, if ordered thereto by the commissioner, pay the cost of medical aid or such portion thereof as the commissioner may determine.
    (4) For the purposes of this Act an accident shall be deemed to have arisen out of and in the course of the employment of an employee notwithstanding that the employee was at the time of the accident acting contrary to any law applicable to his employment or to any order by or on behalf of his employer, or that he was acting without any order of his employer, if the employee was, in the opinion of the commissioner, so acting for the purposes of or in the interests of or in connection with the business of his employer.
    (5) For the purposes of this Act the conveyance of an employee free of charge to or from his place of employment for the purposes of his employment by means of a vehicle driven by the employer himself or one of his employees and specially provided by his employer for the purpose of such conveyance, shall be deemed to take place in the course of such employee’s employment.
    Accidents outside Republic

    23.(1) (a)  If an employer carries on business chiefly in the Republic and an employee of his ordinarily employed in the Republic, meets with an accident while temporarily employed outside the Republic, such employee shall, subject to paragraph (c), be entitled to compensation as if the accident had happened in the Republic.
    (b) The amount of compensation contemplated in paragraph (a) shall be determined on the basis of the earnings which the employee, in the opinion of the commissioner, would have received if he had remained in the Republic.
    (c)  This subsection shall cease to apply to an employee after he has been employed outside the Republic for a continuous period of 12 months, save by agreement between the commissioner, the employee and the employer concerned, and subject to such conditions as the commissioner may determine.
    (2) If an employee resident in the Republic meets with an accident while employed in, on or above the continental shelf, such employee shall be entitled to compensation as if the accident had happened in the Republic.
    (3) (a) If an employer carries on business chiefly outside the Republic and an employee of his ordinarily employed outside the Republic, meets with an accident while temporarily employed in the Republic, such employee shall not be entitled to compensation unless the employer has previously agreed with the commissioner that such employee shall be entitled to compensation and, where applicable, has paid the necessary assessments in respect of him.
    (b) An employee referred to in paragraph (a) that is so temporarily employed in the Republic for a continuous period of more than 12 months, shall be deemed to be ordinarily employed by such employer in the Republic.
    (4) If, in terms of the law of the state in which an accident happens, an employee, in the circumstances referred to in subsection (1), is entitled to compensation or if an employee meets with an accident in the circumstances referred to in subsection (2) or in the Republic and he would be entitled to compensation in terms of the law of any other state as well as in terms of this Act, he shall by written notice to the commissioner elect to claim compensation either in terms of this Act or in terms of the law of the other state.
  3. Claims for compensation
    Notice of accident by employee to employer
    38.(1)  Written or verbal notice of an accident shall, as soon as possible after such accident happened, be given by or on behalf of the employee concerned to the employer, and notice of the accident may also be given as soon as possible to the commissioner in the prescribed manner.
    (2) Failure to give notice to an employer as required in subsection (1) shall not bar a right to compensation if it is proved that the employer had knowledge of the accident from any other source at or about the time of the accident.
    (3) Subject to section 43, failure to give notice to an employer as required in subsection (1), or any error or inaccuracy in such notice, shall not bar a right to compensation if in the opinion of the commissioner
    (a) the compensation fund or the employer or mutual association concerned, as the case may be, is not or would not be seriously prejudiced by such failure, error or inaccuracy if notice is then given or the error or inaccuracy is corrected;
    (b) such failure, error or inaccuracy was caused by an oversight, absence from the Republic or other reasonable cause.
    (4) If a seaman or airman meets with an accident, the person in command or the owner of the ship or aircraft, as the case may be, shall for the purposes of this section and sections 39, 40, 41 and 43 be deemed to be the employer.
  4. Notice of accident by employer to commissioner
    39.(1)  Subject to the provisions of this section an employer shall within seven days after having received notice of an accident or having learned in some other way that an employee has met with an accident, report the accident to the commissioner in the prescribed manner.
    (2) For the purposes of subsection (1) an employer referred to in section 84(1)(a)(i) means, in the case of-(a) the State and the provincial authorities, the respective heads of department referred to in section 6 of the Public Service Act, 1984 (Act No. 111 of 1984);
    (b) Parliament, the Secretary to Parliament;
    (c)  the governments of the self-governing territories, the respective heads of department referred to in section 5(2) of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971).
    (3) (a) An employer individually liable referred to in section 84(1)(a)(ii) shall within 60 days after the commencement of this Act furnish the commissioner in the prescribed manner with the name of a person who shall be responsible to report on behalf of such employer accidents as required by subsection (1) (in this section referred to the “responsible person”).
    (b) If such employer individually liable thereafter designates some other person as the responsible person such employer shall within 30 days after such designation notify the commissioner thereof in the prescribed manner.
    (4) Notwithstanding subsection (1) the commissioner may upon application authorize an employer individually liable to report accidents at such intervals and in such manner as the commissioner may determine.
    (5) An employer referred to in section 84(1)(b) shall report accidents to the mutual association concerned in the prescribed manner.
    (6) An employer, excluding an employer referred to in section 84(1)(a)(i) and (ii),who fails to comply with subsection (1) shall be guilty of an offence.
    (7) For the purposes of this section an accident includes any injury reported by an employee to his employer, if the employee when reporting the injury alleges that it arose out of and in the course of his employment and irrespective of the fact that in the opinion of the employer the alleged accident did not so arise out of and in the course thereof.
    (8) If an employer, excluding an employer referred to in section 84(1)(a)(i) and (ii), fails to report in the prescribed manner an accident which has happened to an employee in his service within seven days after having received notice thereof or having learned thereof in some other manner, the commissioner may impose a fine of not more than the full amount of the compensation payable in respect of such accident upon him in addition to any other penalty to which he /she may be liable.
    (9) If a fine is in terms of subsection (8) imposed upon an employer referred to in section 84(1)(b), and is paid to the commissioner or recovered by him/her, such fine shall be paid over to the mutual association concerned.
    (10) For the purposes of subsection (8) compensation includes the cost of medical aid and any amount paid or payable in terms of section 28, 54(2) or 72(2) and, in the case of a pension, the capitalized value as determined by the commissioner of the pension, irrespective of whether a lump sum is at any time paid in lieu of the whole or a portion of such pension in terms of section 52 or 60, and periodical payments or allowances, as the case may be.
    (11) If the commissioner is of the opinion that the failure referred to had no control or that the payment of the full amount of the compensation payable in respect of such accident, including the capitalized value as determined in subsection (10), will probably result in the insolvency of the employer concerned or, in the case of an employer that is a company, its liquidation, the commissioner may on such conditions as he may think fit(a) reduce or remit any fine imposed by him;(b) permit the employer to pay the fine in such instalments as he may determine.
    (12) An employer shall at the request of an employee or the dependant of an employee furnish such employee or dependant with a copy of the notice of the accident furnished by the employer to the commissioner in respect of a claim for compensation by such employee or dependant.
  5. Particulars in support of claim
    41.(1)  An employee who has met with an accident shall, when reporting the accident or thereafter at the request of the employer or commissioner, furnish such information and documents as may be prescribed or as the employer or commissioner may direct.
    (2) Subject to section 62, an employer shall within 14 days after having received a claim send such claim and any relevant information and documents to the commissioner.
  6. Employee to submit to medical examination
    42.(1)  An employee who claims compensation or to whom compensation has been paid or is payable shall when so required by the commissioner or the employer or mutual association concerned, as the case may be, after reasonable notice, submit himself at the time and place mentioned in the notice to an examination by the medical practitioner designated by the commissioner or the employer or mutual association concerned.
    (2) Such expenses incurred by the employee to comply with the provisions of this section as the commissioner may deem necessary and reasonable, and the prescribed remuneration for a medical examination in terms of this section, shall be paid by the party requiring the examination.
    (3) If, in the opinion of any medical practitioner, the employee is not capable of calling upon the designated medical practitioner, the employee shall inform the party requiring the examination thereof or cause him to be so informed, and the designated medical practitioner shall then examine the employee at a time and place as agreed upon.
    (4) An employee shall be entitled at his own expense to have a medical practitioner or chiropractor of his choice present at an examination by a designated medical practitioner.
  7. Claim for compensation
    43.(1)  (a) A claim for compensation in terms of this Act shall be lodged by or on behalf of the claimant in the prescribed manner with the commissioner or the employer or the mutual association concerned, as the case may be, within 12 months after the date of the accident or, in the case of death, within 12 months after the date of death.
    (b) If a claim for compensation is not lodged as prescribed in paragraph (a), such claim for compensation shall not be considered in terms of this Act, except where the accident concerned has been reported in terms of section 39.
    (2) Notwithstanding subsection (1) (a) a claim for compensation by any seaman or airman may be lodged with the person in command of the ship or aircraft concerned, as the case may be, except if such seaman or airman is himself the person in command.
    (3) If any seaman or airman meets with an accident outside the Republic resulting in death, a claim for compensation shall be instituted within 12 months after news of the death has been received by any dependant claiming compensation.
    (4) The provisions of section 38 shall apply mutatis mutandis in respect of any failure to institute a claim or in respect of any error or inaccuracy in a claim instituted in terms of this section.
  8. Prescription
    44. A right to benefits in terms of this Act shall lapse if the accident in question is not brought to the attention of the commissioner or of the employer or mutual association concerned, as the case may be, within 12 months after the date of such accident.
  9. Consideration of claim
    45. (1) The commissioner shall consider and adjudicate on a claim for compensation, and for that purpose may carry out such investigation as he may deem necessary or he may formally hear the claim.
    (2) If the commissioner decides upon a formal hearing, he shall in the prescribed manner give notice of the date, time and place of the hearing to the claimant and employer.
    (3) If the commissioner considers it necessary that any person, including the claimant and the employer, should be present at a formal hearing to be interrogated, he may issue a subpoena for the appearance of such witness.
    (4) Upon application by a person who in the opinion of the commissioner has a sufficient interest in the subject of a formal hearing, the commissioner shall issue a subpoena for the appearance of a person except if he is of the opinion that such person cannot further the investigation, in which case the commissioner shall issue a subpoena only if the party applying therefore deposits with the commissioner a sum sufficient to cover the necessary expenses to be incurred by the witness as well as the cost of the service of such subpoena.
    (5) The provisions of section 6 shall apply mutatis mutandis to a person subpoenaed in terms of subsection (3) or (4).
    (6) The commissioner may from time to time adjourn a formal hearing to a date, time and place determined by him.
    (7) The commissioner shall keep or cause to be kept a record of the proceedings at a formal hearing, and upon payment of the prescribed fees any person may obtain a copy of such record.
  10. Appearance of parties
    46.(1) (a) Every party to a claim for compensation or his representative may appear before the commissioner at a formal hearing.
    (b) The commissioner may designate any person to investigate a claim, attend a formal hearing, cross-examine witnesses, and adduce rebutting evidence and present arguments.
    (2) No person other than an advocate or attorney shall be entitled to any fees or remuneration except such necessary expenses as the commissioner may allow.
    (3) No fees or remuneration shall be claimed from an employee or employer except with the approval of the commissioner.
    (4) (a) The commissioner may of his own motion or on an expert application by a party to a claim for compensation, order any attorney employed by such party or a representative who has, contrary to subsection (2), claimed fees or remuneration, to submit to him a statement showing what he has received or contracted to receive from his client, and to submit for taxation his bill of costs, including attorney and client costs, against such client.
    (b) Upon such taxation the commissioner may allow such fees, costs and expenses as he may consider reasonable in the circumstances.
    (c) If an amount has been paid in excess of the amount allowed upon taxation, the excess shall be refunded to the person concerned, and any agreement in terms of which such an excess is otherwise payable shall be void as to that excess.
    (5) The provisions of subsections (2), (3) and (4) shall also apply to any act in connection with a claim for compensation which is not the subject of a formal hearing.
    (6) Any person who agrees or attempts to collect any money contrary to the provisions of this section shall be guilty of an offence.

12.19 EDUCATORS STRIKE ACTIONS

12.19.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • South African Council for Educators Act 31 of 2000 [SACE]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]

 

GUIDELINES

  • Personnel Administration Measures [PAM]

 

KwaZulu-Natal

CIRCULAR

  • KZN HRM Circular No 20 of 2015 Strike Action:  Unprotected Strike/ Protest Action [Reference B4 20/2015]

12.19.2Framework for the Development of School Policy on Educators: Strike Actions

  1. Right to strike and recourse to lock-out
    i. Every employee has the right to strike and every employer has recourse to lock-out if–
    the issue in dispute has been referred to a council or to the Commission as required by this Act, and –a certificate stating that the dispute remains unresolved has been issued; ora period of 30 days, or any extension of that period agreed to between the parties to the dispute, has elapsed since the referral was received by the council or the Commission; and after that –in the case of a proposed strike, at least 48 hours’ notice of the commencement of the strike, in writing, has been given to the employer, unless –the issue in dispute relates to a collective agreement to be concluded in a council, in which case, notice must have been given to that council; orthe employer is a member of an employers’ organisation that is a party to the dispute, in which case, notice must have been given to that employers’ organisation; or
    (c) in the case of a proposed lock-out, at least 48 hours’ notice of the commencement of the lock-out, in writing, has been given to any trade union that is a party to the dispute, or, if there is no such trade union, to the employees, unless the issue in dispute relates to a collective agreement to be concluded in a council, in which case, notice must have been given to that council; or
    (d) in the case of a proposed strike or lock-out where the State is the employer, at least seven days’ notice of the commencement of the strike or lock-out has been given to the parties contemplated in paragraphs (b) and (c).
    ii. If the issue in dispute concerns a refusal to bargain, an advisory award must have been made in terms of section 135 (3) (c) of this Act before notice is given in terms of subsection (i) (b) or (c). A refusal to bargain includes –

    (a) a refusal –
    to recognise a trade union as a collective bargaining agent; or
    to agree to establish a bargaining council;
    (b) a withdrawal of recognition of a collective bargaining agent;
    (c) a resignation of a party from a bargaining council;
    (d) a dispute about –
    appropriate bargaining units;
    appropriate bargaining levels; or
    bargaining subjects.iii. The requirements of subsection (i) do not apply to a strike or a lock-out if–
    (a) the parties to the dispute are members of a council, and the dispute has been dealt with by that council in accordance with its constitution;
    (b) the strike or lock-out conforms with the procedures in a collective agreement;
    (c) the employees strike in response to a lock-out by their employer that does not comply with the provisions of this Chapter;
    (d) the employer locks out its employees in response to their taking part in a strike that does not conform with the provisions of this Chapter; or
    (e) the employer fails to comply with the requirements of subsections (iv.) and (v.).
    iv. Any employee who or any trade union that refers a dispute about a unilateral change to terms and conditions of
    employment to a council or the Commission in terms of subsection (1) (a) may, in the referral, and for the period referred to in subsection (i) (a) –
    (a) require the employer not to implement unilaterally the change to terms and conditions of employment; or
    (b) if the employer has already implemented the change unilaterally, require the employer to restore the terms and conditions of employment that applied before the change.
    v. The employer must comply with a requirement in terms of subsection (iv) within 48 hours of service of the referral on the employer.
  2. Limitations on the right to strike or recourse to lock-out
    No person may take part in a strike or a lock-out or in any conduct in contemplation or furtherance of a strike or a lock-out if–

    • that person is bound by a collective agreement that prohibits a strike or lock-out in respect of the issue in dispute;
    • that person is bound by an agreement that requires the issue in dispute to be referred to arbitration;
    • the issue in dispute is one that a party has the right to refer to arbitration or to the Labour Court in terms of this Act;
    • that person is engaged in –
      • an essential service; or
      • a maintenance service.

12.20 SACE REGISTRATION, MISCONDUCT AND TEACHER DEVELOPMENT

12.20.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • South African Council for Educators Act 31 of 2000 [SACE]
  • Code of Professional Ethics, ( South African Council of Educators (SACE ), Act 31 of 2000) [SACE Ethics]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Employment of Educators Act 76 of 1998 [EEA]

GUIDELINE

  • Personnel Administration Measures [PAM]
  • Code of Professional Ethics [SACE Ethics]

KwaZulu-Natal

CIRCULAR

  • KZN Circular 62 of 2014: Continuing Professional Development Management System (CPTD) [Reference B4 62/2014]

NorthWest

ACTS

  • North West Schools Education Act, Act no. 3 of 1998 [Reference B8 NW EDACT 3/1998]

 

GUIDELINES

  • Induction Framework for School Based Teachers, North West Education Department, (2014) [Reference B8 NW FRAMEWORK]  

12.20.2Framework for the Development of School Policy on Educators: SACE Registration, Misconduct and Teacher Development

  1. SACE registration
    In terms of the South African Council for Educators Act, it is compulsory for all qualified educators to register with SACE.  No educator may be employed as an educator unless the person is registered with SACE. An applicant must apply for registration in the manner and form determined by the council.

      • Criteria for registration
        An educator who applies to register with the council, must:

        • Satisfy the ethical standards contemplated in the Code of Professional Ethics for Educators; and
        • Have obtained a minimum post professional matric teacher education qualification of 4 years (M + 4 or REQV 14), or any other qualification recognised by the Council for purposes of registration

    If an applicant does not satisfy all the requirements but the council is of the opinion that the requirements will be satisfied within a reasonable time, the council may register the applicant provisionally on such conditions as the council may determine.

  2. SACE certificates
    A registration certificate must be issued and sent to the educator upon registration by the council. If the chief executive officer is satisfied, on proof submitted by a registered educator, that a registration certificate has been destroyed or lost, a duplicate registration certificate must be issued to that educator upon payment of the fee prescribed by the council.
  3. Removal of name from register
    SACE may remove the name of an educator from the register if:

    • after having been registered, the relevant qualification of the educator is withdrawn or cancelled by the higher education institution which issued it;
    • the educator was registered by error or by means of fraud;
    • the educator was found guilty of a breach of the Code of Professional Ethics;
    • the educator requests deregistration, permanently or for a specified period;
    • the educator fails to pay the fees prescribed by the council within a specified period; or
    • the educator dies.
  4. Misconduct: Disciplinary procedures
    Investigation of alleged breaches of the Code of Professional Ethics,( South African Council of Educators (SACE) Act 31 of 2000)

    • Any person who believes that an educator has breached the code may lodge a complaint with the Council.
    • The complaint should preferablv be in writing and clearly disclose the alleged breach of the code.
    • The disciplinary committee may investigate any alleged breach of the code, whether or not a complaint has been lodged.
    • The chief executive officer must, as soon as practicable after receiving a complaint, refer it to the disciplinary committee for consideration.
    • The disciplinary committee must refer an alleged breach to an investigating panel for investigation.
    • An investigating panel may, in investigating any alleged breach of the code:
      • interview complainants and other possible witnesses;
      • interview the educator who is alleged to have breached the code;
      • notify the educator of the alleged breach and give the educator an opportunity to respond within the period specified in that notice;
      • gather evidence relevant to the alleged breach; and
      • if necessary, cause summons to be served on any person who may assist the panel in its investigation.
    • Before interviewing an educator, the investigating panel must warn the educator:
      • of the educator’s right against self-incrimination; and
      • that any admission or explanation given by the educator may be used as evidence against the educator at a disciplinary hearing.
    • The investigating panel must keep a record of the investigation.
    • If an investigating panel is satisfied that there is sufficient evidence of a breach of the code by an educator, the disciplinary committee may refer the matter to a disciplinary panel for hearing.
    • A member of a panel that has investigated an alleged breach of the code cannot serve as a member of the disciplinary panel which hears the matter.
  5. The disciplinary hearing
    In cases of misconduct and a possible disciplinary hearing, Principals and School Governing Bodies are referred to the process as described in the South African Council of Educators Act, No. 31 of 2000
  6. Teacher development
    • Continuing Professional Training and Development (CPTD)
      SACE is a key role player in continuing professional development of teachers and the promotion of professional standards. The CPTD Management System is the way SACE will fulfil its mandate to encourage and help teachers to develop themselves professionally.
    • A new CPTD system
      • The new CPTD system will:
        • Ensure that current initiatives devoted to the professional development of teachers contribute more effectively and directly to the improvement of the quality of teaching;
        • Emphasize and reinforce the professional status of teaching;
        • Provide teachers with clear guidance about which Professional Development (PD) activities will contribute to their professional growth;
        • Protect teachers from fraudulent providers; and
        • Expand the range of activities that contribute to the professional development of teachers.
      • In the new system it is intended that the South African Council for Educators, as the statutory body for professional educators, will have overall responsibility for the implementation and management of the CPTD. The PD points method is an internationally recognised technique used by professional bodies in many fields to acknowledge their members continuing professional development. Each teacher will be expected to earn PD points by choosing professional development activities that suit their own requirements and that have been endorsed by SACE.
      • A teacher will accumulate PD points by engaging in three types of professional development activities:
        • Type 1: Activities initiated by the teacher;
        • Type 2: Activities initiated by the school;
        • Type 3: Activities initiated externally
      • A teacher must get PD points from all three types of activities. A teacher must record a minimum of 150 PD points in a three-year cycle. At the end of the three-year cycle the Personal PD Points Account for each teacher is re-set to zero.
      • Teachers will record Type 1 and Type 2 PD points in the Personal Development Profile according to the PD Points Schedule. The first reporting period will take place in June each year. A principal will request staff members to report their first set of PD activities and points for the year on a form supplied by SAE. Teachers will send their PD activities and points to SACE by uploading them electronically on the CPTD self-service portal (www.sace.org.za). The second reporting of the remaining PD activities and points to SACE will take place in November of each year.
      • When SACE approves an external service provider and endorses the provider’s professional development activities, SACE will allocate the correct number of points to that activity according to the PD Points Schedule. Type 3 points will be reported online to SACE by each SACE approved provider.
      • Rewards and sanctions
        South African educators are required to be registered with SACE as a condition for them to practise. Registration is their licence to teach. However, it is now increasingly accepted that members of a profession must maintain their professional standing through continuing professional development. With the introduction of the CPTD system in the teaching profession it will be necessary to apply rewards and sanctions.
    • Managing the CPTD system
      As the national body for the education profession it is intended that SACE will be responsible for managing the system, but it is essentially a collaborative undertaking linking a number of sub-systems. Provincial Departments of Educations, district offices, school management teams and teachers’ unions will play an indispensable role in encouraging teachers’ participation in CPTD activities. Providers in all categories will be responsible for designing and delivering focused, appropriate and high quality activities in line with SACE criteria and guidelines. The quality assurers appointed by SACE must protect teachers’ best interests by ensuring that providers and their programmes meet the requisite standards.

12.21 NON-EDUCATORS

12.21.1Legislative and Policy Framework

ACTS

  • Basic Conditions of Employment Act, 1997 [BCE]

Limpopo

GUIDELINES

  • Limpopo Procedure Manual For Recruitment And Appointment Of Contract Workers, [Reference B5 PMRA]

12.21.2Framework for the Development of School Policy on Non-Educators

  1. Post provision for Non-Educators
    Non-Educators include administrative staff, caretakers, general assistants, security staff, etc.  The number of staff allocated will vary in accordance with the size of the school.  Schools will not automatically become eligible for all posts that they may qualify for.  Posts will be allocated according to budget availability in the Province.
  2. Advertisements
    The Department currently advertises vacancies for non-educator posts by means of a Provincial Circular or in certain instances in the media.
  3. Applications
    In the case of non-educator applications, the Principal forwards a recommendation of who should be appointed in the post.
  4. Informing applicants
    The department will inform the candidate appointed in a non-teaching post.
  5. Assumption of duty
    For non-teaching appointments, the Principal should inform the District Office in writing that the person has assumed duty. The service contract comes into effect as soon as the employee accepts the letter of appointment issued by the Department and assumes duty.
  6. Tax and unemployment insurance fund
    When SGB appointments are made the SGB should ensure that the school is registered with the South African Revenue Services (SARS) as an employer. Tax must be deducted from the employee on a monthly basis and forwarded to the SARS. The amount to be deducted must be established from the SARS tax tables.
    The SGB should further ensure that the school is registered with the Unemployment Insurance Fund (UIF). UIF contributions are deducted up to a prescribed salary notch, which changes from time to time. On registration the UIF will forward this information.
    On a monthly basis 1% from the employee’s salary and another 1% from the school funds should be deducted from the employee’s salary. Both amounts should then be sent to the UIF.
    The above deductions from the employee’s salary should be reflected in the contract. If a school does not abide by the above requirements when employing additional staff the school may face legal action against it.

12.21.3Basic Conditions of Employment Act, 1997

  1. Who is this Act for?
    This Act applies to all workers and employers except members of the National Defence Force, National Intelligence Agency, South African Secret Service and unpaid volunteers working for charities.
    This Act must be obeyed even if other agreements are different.
  2. Working time
    This section does not apply to senior managers (those who can hire, discipline and fire), sales staff who travel and workers who work less than 24 hours a month.

    • Ordinary hours of work
      A worker must NOT work more than:
    • 45 hours in any week
    • 9 hours a day if a worker works 5 days or less a week, or
    • 8 hours a day if a worker works more than 5 days a week.
    • Overtime
      • If overtime is needed, workers must agree to do it and they may not work more than 3 hours overtime a day or 10 hours overtime a week.
      • Overtime must be paid at 1.5 times the workers’ normal pay or by agreement get paid time off.
      • More flexibility of working time can be negotiated if there is a collective agreement with a registered trade union. For example, this can allow more flexible hours for working mother and migrant workers.
      • Compressed work week: You may agree to work up to 12 hours in a day and work fewer days in a week. This can help working mothers and migrant workers by having a longer weekend.
      • Averaging: A collective agreement may permit the hours of work to be averaged over a period of up to four months. A worker who is bound by such an agreement cannot work more than an average of 45 ordinary hours a week and an average of five hours of overtime a week over the agreed period. A collective agreement for averaging has to be re-negotiated each year.
    • Meal breaks and rest periods
      A worker must have a meal break of 60 minutes after 5 hours work. But a written agreement may lower this to 30 minutes and do away with the meal break if the worker works less than 6 hours a day.  A worker must have a daily rest period of 12 continuous hours and a weekly rest period of 36 continuous hours, which, unless otherwise agreed, must include Sunday.
    • Sunday work
      A worker who sometimes works on a Sunday must get double pay. A worker who normally works on a Sunday must be paid at 1.5 times the normal wage. There may be an agreement for paid time off instead of overtime pay.
    • Night work
      Night work is unhealthy and can lead to accidents. That is workers working between 6:00 at night and 6:00 in the morning must get extra pay or be able to work fewer hours for the same amount of money.Transport must be available but not necessarily provided by the employer.
      Workers who usually work between 11:00 at night and 6:00 in the morning you must be told of the health and safety risks. They are entitled to regular medical check-ups, paid for by the employer. They must be moved to a day shift if night work develops into a health problem. All medical examinations must be kept confidential.
    • Public holidays
      Workers must be paid for any public holiday that falls on a working day. Work on a public holiday is by agreement and paid at double the rate. A public holiday is exchangeable by agreement.
  3. Leave
    • Annual leave
      A worker can take up to 21 continuous days’ annual leave or by agreement, 1 day for every 17 days worked or 1 hour for every 17 hours worked.  Leave must be taken not later than 6 months after the end of the leave cycle.  An employer can only pay a worker instead of giving leave if that worker leaves the job.
    • Sick leave
      A worker can take up to 6 weeks’ paid sick leave during a 36 months cycle.
      During the first 6 months a worker can take one day’s paid sick leave for every 26 days worked.
      An employer may want a medical certificate before paying a worker who is sick for more than 2 days at a time or more than twice in 8 weeks.
    • Maternity leave
      A pregnant worker can take up to 4 continuous months of maternity leave. She can start leave any time from 4 weeks before the expected date of birth OR on a date a doctor or midwife says is necessary for her health or that of her unborn child. She also may not work for 6 weeks after the birth of her child unless declared fit to do so by a doctor or midwife.
      A pregnant or breastfeeding worker is not allowed to perform work that is dangerous to her or her child.
    • Family responsibility leave
      Full time workers employed longer than 4 months can take 3 days paid family responsibility leave per year on request when the worker’s child is born or sick or for the death of the worker’s spouse or life partner, parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling.
      An employer may want proof that this leave was needed.
  4. Job information and payment
    • Job information
      Employers must give new workers information about their job and working conditions in writing. This includes a description of any relevant council or sectoral determination and a list of any other related documents.
    • Keeping records
      Employers must keep a record of at least:

      • the worker’s name and job
      • time worked
      • money paid
      • date of birth for workers under 18 years old.
    • Payment
      An employer must pay a worker:

      • in South African money
      • daily, weekly, fortnightly or monthly
      • in cash, cheque or direct deposit.
    • Pay slip information
      Each pay slip must include:

      • employer’s name and address
      • worker’s name and job
      • period of payment
      • worker’s pay
      • amount and purpose of any deduction made from the pay
      • actual amount paid to the worker.
      • If needed to add up the worker’s pay, the payslip must also include:
      • ordinary pay rate and overtime pay rate
      • number of ordinary and overtime hours worked during that period of payment
      • number of hours worked on a Sunday or public holiday during that period
      • total number of ordinary and overtime hour worked in the period of averaging, if there is an averaging agreement.
    • Approved deductions
      An employer may not deduct any money from a worker’s pay unless:

      • that worker agrees in writing
      • the deduction is required by law or permitted in terms of a law, collective agreement, court order or arbitration award.
    • Adding up wages
      • Wages are based on the number of hours normally worked.
      • Monthly pay is 4 and 1/3 times the weekly wage.
  5. Termination of employment
    • Notice
      A worker or employer must give notice to end an employment contract of not less than:

      • 1 week, if employed for four weeks or less
      • 2 weeks, if employed for more than four weeks but not more than one year;
      • 4 weeks, if employed for one year or more.
        • Notice must be in writing except from a worker who cannot write.
        • Workers who stay in employer’s accommodation must be given 1 month’s notice of termination of the contract or be given alternative accommodation until the contract is lawfully terminated.
        • An employer giving notice does not stop a worker from challenging the dismissal in terms of the Labour Relations Act or any other law.
    • Severance pay
      An employer must pay a worker who is dismissed due to the employer’s operational requirement pay equal to at least 1 week’s severance pay for every year of continuous with that employer.
    • Certificate of service
      When a job ends, a worker must be given a certificate of service.
  6. Child labour and forced labour
    •  It is against the law to employ a child under 15 years old.
    •  Children under 18 may not do dangerous work or work meant for an adult.
    •  It is against the law to force someone to work.
  7. Variation of basic conditions of employment
    • Bargaining council
      A collective agreement concluded by a bargaining council can be different from this law as long it does not:

      • lower protection of workers in terms of health and safety and family responsibilities
      • lower annual leave to less than two weeks
      • lower maternity leave in any way
      • lower sick leave in any way
      • lower protection of night workers
      • allow for any child labour or forced labour.
    • Other agreements
      Collective agreements and individual agreements must follow the Act.
    • The Minister
      The Minister of Labour may make a determination to vary or exclude a basic condition of employment. This can also be done on application by an employer or employer organisation.
  8. Sectoral determinations
    Sectoral determinations may be made to establish basic conditions for workers in a sector and area.
  9. Employment conditions commission
    This Act makes provision for the Employment Conditions Commission to advise the Minister of Labour.
  10. Monitoring, enforcement and legal proceedings
    Labour inspectors must advise workers and employers on their labour rights and obligations. They inspect, investigate complaints, question people and inspect, copy and remove records. An inspector may serve a compliance order to a compliance order by writing to the Director General of the Department of Labour, who will then look at the facts and agree, change or cancel the order. This decision can be challenged in the Labour Court. Workers may not be treated unfairly for demanding their rights in terms of this Act.
  11. General
    It is a crime to:

    • hinder, block or try to wrongly influence a labour inspector or any other person obeying this Act
    • get or try to get a document by stealing, lying or showing a false or forged document
    • pretend to be a labour inspector or any other person obeying this Act
    • refuse or fail to answer fully any lawful question asked by a labour inspector or any other person obeying this Act
    • refuse or fail to obey a labour inspector or any other person obeying this Act
  12. Grievance rules for the Public Service
    • Definitions
      In this procedure, unless the context indicates otherwise-

      • Commission” means the Public Service Commission established in terms of section 196[1] of the Constitution;
      • “Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);
      • “days” refers to working days;
      • “executing authority” means an authority as defined in subsection 1[1] of the Public Service Act, 1994;
      • “grievance” means a dissatisfaction regarding an official act or omission by the employer which adversely affects an employee in the employment relationship,
      • excluding an alleged unfair dismissal;
      • “head of department” means the incumbent of a post mentioned in Schedules 1, 2 and 3 of the Public Service Act, 1994, or the person acting in such post;
      • “Public Service Act” means the Public Service Act, 1994 (Proclamation No 103 of 1994);
      • “recognised trade union” means all the trade unions admitted to the Public Service Co-ordinating Bargaining Council as well as any other trade union that enjoys the relevant organisational right in particular department;
      • “resolve” means to settle a grievance to the satisfaction of the aggrieved employee;
      • “representative” means a fellow employee, a representative or official of a recognised trade union.
  13. Purpose and application
    The purpose of this grievance procedure is to advance sound labour relations and address grievances in the public service by fulfilling the primary objectives of this procedure which are:

    • to give effect to section 196(4)(f)(ii) of the Constitution which empowers the Commission to investigate grievances of employees in the public service concerning official acts or omissions, and recommend appropriate remedies;
    • to give effect to section 11 of the Public Service Commission Act, 1997 (Act No. 46 of 1997) which empowers the Commission to make Rules to deal with grievances;
    • to promote –
      • speedy, impartial and equitable handling of grievances;
      • sound labour relations;
      • resolution of individual grievances at the lowest possible level in a department.
  14. Managing a grievance
    • A grievance must as far as possible be resolved by an employer and as close to the point of origin as possible.
    • The employer must ensure that the grievance is dealt with in a fair, impartial and unbiased manner, and that the principles of natural justice are observed. The procedure must be such that it assists and enables an employer and an employee to address dissatisfaction. No employee must be victimised or prejudiced, directly or indirectly, as a result of lodging a grievance. If disciplinary action is being taken against an employee, utilisation of this procedure by the employee to address any matter related to the disciplinary action shall not halt the disciplinary procedure. A grievance must be lodged in writing and all decisions taken during the process must be in writing. An employee may be assisted by a representative.
  15. Adherence to time limits
    • In determining adherence to time limits, this should be calculated by excluding the first day and including the last day.
    • The parties must adhere to the time limits set out in this procedure, unless they mutually agree to extend them.
    • A grievance must be lodged with the employer within 90 days from the date on which the employee became aware of the official act or omission which adversely affects him or her.
    • An employee may demand that his or her grievance be referred to the Commission within 10 days after receiving the executing authority’s decision.
  16. Provision of information
    • An employer must provide relevant information necessary for an employee to lodge or pursue a grievance, if requested.
    • The provision of such information is subject to any limitations imposed by law.
    • The employee must be provided with information about the status of the grievance and the progress made towards the planned finalisation date.
    • The employer must provide the employee with a copy of the grievance form after each applicable level of authority dealt with the grievance.
  17. Departmental stages to address a grievance
    • An employee may lodge a grievance with an employee designated to facilitate the resolution of grievances in the department.
    • The prescribed form at Annexure A must be used when a grievance is lodged.
    • The designated employee must liaise with the relevant structures of authority of the department in an attempt to resolve the grievance.
    • The grievance may be resolved by any person within the relevant structures of authority who has the requisite authority to do so.
    • The aggrieved employee will be duly informed by the designated employee about the status and progress made towards the resolution of the grievance.
    • If the grievance is resolved to the satisfaction of the aggrieved employee the confirmation thereof will be reduced to writing by the designated employee.
    • If a grievance cannot be resolved, the executing authority must inform the aggrieved employee accordingly.
    • The department (including the executing authority) has 30 days to deal with the grievance. The period may be extended by mutual agreement in writing.
    • If after the aggrieved employee is informed of the outcome of the grievance and he/ she remains dissatisfied –
      • he/ she must inform the executing authority in writing within 10 days;
      • the executing authority must in terms of section 35 (1) of the Public Service Act, 1994, forward the grievance and the relevant documentation to the Public Service Commission for a recommendation within five days of being informed by the aggrieved employee.
    • If the grievance constitutes an alleged unfair labour practice as defined in the LRA, the employee may inform the executing authority in writing that he/ she wishes to utilise the dispute resolution mechanisms provided for in the constitution of the PSCBC or the relevant sectoral council (whichever is applicable) and that the Public Service Commission should therefore not consider the grievance.
    • If there is failure on the part of the department to respond to the grievance within the period referred to in clause 8, the aggrieved officer may lodge his or her grievance with –
      • the Commission directly; or
      • in the case of an alleged unfair labour practice, with the PSCBC or the relevant sectoral council (whichever is applicable) in terms of its dispute resolution procedure.
  18. Referral to the Commission
    Once the Commission has received all information from the executing authority, it must within 30 days consider such grievance and inform the executing authority of its recommendation and the reasons for its decision in writing. On receipt of the Commission’s recommendation, the executing authority must, within 5 days, inform the employee and the Commission of his or her decision in writing.
  19. Grievance of Head of Department
    • If a head of department has a grievance, he/ she may –
      • in the case of the head of a national department, submit the grievance to the President; or
      • in the case of a head of provincial department, submit the grievance to the relevant Premier.
    • The President or Premier has 30 days to deal with the grievance. The period may be extended by mutual agreement. Clause F9 and 10 will, read with the changes required by the context, apply to all grievances of heads of department.
  20. Evaluation
    The head of department must ensure that grievance resolution is evaluated by maintaining a record of the number of grievances resolved from the beginning of each calendar year and report to the Commission on a six-monthly basis. The Commission must report on the management of grievances and the efficiency of the grievance procedure.
  21. Other procedures
    When a grievance is lodged in terms of this procedure, an aggrieved employee must disclose whether he or she is utilising any other procedure.
  22. Transitional measures
    • A grievance lodged before the promulgation of the Interim Rules, namely before 1 July 1999, shall be dealt with and concluded as if the Public Service Regulations had not been repealed.
    • A grievance lodged before the promulgation of these grievance rules, must be dealt with and concluded in terms of the Interim Grievance Rules promulgated in Government Gazette No 20231 of 1999.

12.22 EDUCATORS: HARASSMENT

12.22.1Legislative and Policy Framework

ACTS

  • The South African Schools Act, No. 84 of 1996 [SASA]
  • South African Council for Educators Act 31 of 2000 [SACE]
  • The National Education Policy Act, 1996 (Act No. 27 of 1996) [NEPA]
  • Regulations for Safety Measures at Schools (Government Gazette GG 29376 of 10 November 2006) [SAFETY 2006]
  • Protection from Harassment Act 17 of 2011 [HAR]

 

GUIDELINE

  • Personnel Administration Measures [PAM]

 

OTHER

  • Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools [PROTOCOL HARASSMENT]

12.22.2Framework for the Development of School Policy on Educators: Harassment

It is important to note that there are multiple tools available to the victim of harassment and the victim may decide on the process to be followed in addressing his/her grievance. The School’s Harassment Policy Document is in effect a complementary instrument aimed at the prevention/restriction of harassment in the school environment.

  1. What details should a Harassment Policy for Schools contain?
    What the institution strives to create.
    A safe environment in which:

    • self-worth and respect can thrive
    • diversity is embraced and ‘difference’ can be exercised
    • individual and collective safety is a priority
    • the process of teaching and learning is maximised
  2. The effects of Harassment:
    Harassment militates against all the above and results in:

    • low morale and troubled relationships
    • lack of respect
    • low productivity
    • compromised health – physical/mental/emotional distress
    • absenteeism
    • resignations/drop-outs
  3. What is Harassment?
    The following definition is based on the Protection from Harassment Act (Act 17 of 2011). It is only one of many definitions of what harassment means but it serves as a sound working model.

    • Harassment  includes both direct and indirect conduct that either causes harm or that inspires the person complaining of harassment (“the complainant”) to reasonably believe that harm may be caused;
    • Such conduct includes following, watching, pursuing or accosting of the complainant;
    • Harassment also includes contact through verbal communication and/or electronic communication aimed at the complainant that causes harm or makes the complainant feel in danger of being harmed;
    • Several forms of written communication such as letters, packages and e-mails are also able to be used for the purposes of harassment.
    • It also includes sexual harassment, which means “any unwelcome sexual attention from a person who knows or who reasonably knows that such attention is unwelcome”. Such sexual attention includes unwelcome behaviour, suggestions, messages or remarks of a sexual nature that have the effect of “offending, intimidating or humiliating” the complainant.
  4. Harassment may be broken down into the following broad categories in the school environment:
    • Humiliation  in respect of age, gender, race, religion, disability;
    • Victimisation by means of physical or verbal threats, aggressive, destructive remarks;
    • Bullying may be physical (including all sexually oriented bullying), verbal, by means of gestures, rejection, social isolation.
  5. What can be expected from school management in response to incidents of harassment at both learner and staff level?
    • Consistency, reasonableness and fairness.
    • Awareness of results of decisions especially where they may be deemed to be undemocratic.
    • Unhappiness and disputes handled on a one-to-basis; maintenance of strict confidentiality and proper storage of all documentation.
    • Support to both staff and/or learner (including the offender) where this is deemed to be necessary.
  6. What can be expected from the personnel of the school in response to incidents of harassment among learners?
    • Management will demand ethical, values-driven action from staff members at all times.
    • All actions must reflect respect, professionalism and constructive correction.
  7. What is harassment NOT?
    (This applies specifically to personnel and is based on the not unreasonable assumption that a teacher is a professional person.)

    • Being directed to fulfil the duties for which one was appointed.
    • Being required to operate according to the general education policy of the school.
  8. Process
    How does one go about reporting/addressing a case of harassment?
    The process will be determined by the complainant within the parameters of the school’s policy and the formally established legal prescripts.

    • Informal
    • Mediation
    • Formal. This process requires:
      • written statements
      • thorough investigation
      • Record-keeping and safe-keeping of such records
      • Careful consideration and appointment of the person to head the investigation.