Government Gazette Vol. 394, No. 18841, 17 April 1998

Regulation Gazette No. 6159

GOVERNMENT NOTICE

DEPARTMENT OF EDUCATION

No. R. 593

MINISTRY OF EDUCATION EDUCATORS' EMPLOYMENT ACT, 1994 (PROCLAMATION No. 138 OF 1994) REGULATIONS RELATING TO THE PROVISIONING OF EDUCATOR POSTS WITHIN A PROVINCIAL DEPARTMENT OF EDUCATION AND ITS INSTITUTIONS AND DEPARTMENTAL OFFICES

I, Sibusiso Mandlenkosi Emmanuel Bengu, Minister of Education, after consultation with the organised teaching profession, hereby, in terms of section 28 of the Educators' Employment Act, 1994-

1. repeal the Regulations Regarding the Staffing of Rationalised Education Institutions, published in Government Gazette No. 17334, Volume 373, Notice No. R. 1207 on 19 July 1996; and
2. make the regulations in the Schedule.

S. M. E. BENGU
Minister of Education

March 1998

SCHEDULE

REGULATIONS RELATING TO THE PROVISIONING OF EDUCATOR POSTS WITHIN A PROVINCIAL DEPARTMENT OF EDUCATION AND ITS INSTITUTIONS AND DEPARTMENTAL OFFICES

1. Introduction

Whereas—

• the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), provides for a provincial legislature to determine, in terms of a provincial Act, the funding of a provincial department of education; and
• the Labour Relations Act, 1995 (Act No. 66 of 1995), provides for rationalisation linked to operational requirements,

therefore—

• the following Regulations will apply in respect of future post provisioning and rationalisation processes in education; and
• all norms and measures that currently exist in this regard and which are in conflict with these regulations, are replaced by these Regulations with effect from 1 April 1998.

2. Definitions

In these Regulations a word or expression to which a meaning has been assigned to in the Act, shall have the meaning so assigned to it unless the context indicates otherwise.

3. Educator post establishment of a provincial department of education

A Member of the Executive Council must, after the provincial department of education's budgetary allocation has been approved, and after the department has determined what portion of the budgetary allocation should be allocated for the creation of educator posts in that province, determine the total educator establishment of such department.

4. Educator post establishments of educational Institutions and departmental offices

A head of a provincial department of education must allocate from the establishment contemplated in Regulation 3, educator posts to educational institutions and departmental offices, taking into account guidelines determined by the Minister in this regard.

5. Rationalisation of educator posts

In the event of a change in the number of posts created in a department or allocated to an educational institution or departmental office, the position of educators affected by such change must be dealt with in terms of the Labour Relations Act, No. 66 of 1995 and the Act. The Minister may, for this purpose, determine a code of good practice and once determined, such code of good practice must be taken into account in dealing with educators affected by a change in the post establishment.