Employment of Educators Act, 1998 (Act No. 76 of 1998)

Regulations

Regulations for the Creation of Educators Posts in a Provincial Department of Education and the Distribution of such Posts to the Educational Institutions of such a Department

1. Determination of Educator Post Establishment of Provincial Department of Education by Member of Executive Council Concerned
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(a) In this regulation, unless the context indicates otherwise, a word or expression has the same meaning as in the Employment of Educators Act, 1998 (Act No. 76 of 1998), hereinafter called the Act.
(b) The Member of the Executive Council responsible for education in a province must determine the educator post establishment of the provincial department of education in terms of section 5(1)(b) of the Act, in accordance with any applicable policy made in terms of the National Education Policy Act, 1996.
(c) In determining the post establishment of a provincial department of education, the Member of the Executive Council must—
(i) consult with the trade unions in that province which are members of the Education Labour Relations Council (hereinafter called the ELRC) and governing body organisations which are active in that province; and
(ii) take into account the—
(aa) the budget of the provincial department of education;
(bb) the effect that the post establishment will have on the employment security of educators;
(cc) the need for redress in the implementation and promotion of curriculum policy in keeping with the basic values and principles set out in section 195 of the Constitution;
(dd) the fact that the division between expenditure on personnel and non-personnel costs in the budget should be educationally and financially justifiable and in accordance with national policy that may exist in this regard; and
(ee) the fact that the division between expenditure on educator and non-educator personnel costs in the budget should be educationally, administratively and financially justifiable and in accordance with national policy that may exist in this regard.
(d) In determining the educator post establishment of the provincial department of education, the Member of the Executive Council must take into account the terms and conditions of employment of educators that may be affected by the post establishment, including provisions for leave, substitution and remuneration-related issues and may not vary any of these terms and conditions of employment.