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Chapter 12

PERSONNEL MATTERS

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]
  • Circular 15 of 2020 Implementation of the 2021educator Post Establishment, placement of educators additional to post establishments and grading of institutions with effect from 1 Jan 2021 [Reference B3 15/2020]

 

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.