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Chapter 12

PERSONNEL MATTERS

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.