South African Council for Educators Act [No. 31 of 2000]
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
As ‘tz Naasb[ad by die Poskcmtoor GefegistrcerRegistered at the Post O@ce as a Newspaper
CAPE TOWN, 2 AUGUST 2000 VOL. 422 No. 21431
KAAPSTAD, 2 AUGUSTUS 2000
THE PRESIDENCY I I I I
No. 769. 2 August 2000 \ I
It is hereby notified that the President has assented to the following Act which is hereby published for general information:—
I
No. 3\ of 2000: South African Council for Educators Act, 2000.
DIE PRESIDENSIE *
No. 769. 2 Augustus 2000
Hierby word bekend gemaak dat die President sy goed- keuring geheg het aan die onderstaanck Wet wat hierby ter algemene in]igting gepubtiseer WOrd:-
No. 3 I van 2000: Wet op die Suid-Af_rikaanse Raad \ir Op\oe- liers, 2000.
2 ?40. 2143 I ~ov~~~\fENT G.A~~~~, ~ AUGUST 2000
Act N(I. .31, 2000 SC)(JTH AFRIC-.AN C()[.TNCI[. FOR EDUCATORS ACT. 2000
(English text signed by the President. ) (Assented to 26 Ju[>I 2000. )
ACT To provide for the continued existence of the South African Council for Educators; to provide anew for the functions of the said council; and to provide anew for the composition of the said council; and to provide for matters incidental thereto.
B E IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— CHAPTER 1
INTERPRETATION AND OBJECTS OF ACT
Definitions
1. In this Act, unless the context indicates otherwise— (i)
(ii)
(iii)
(iv)
(v)
( v i )
(vii) (viii)
(ix)
“adult learning centre” means a public or private centre which provides basic education to adults and of which the educators are employed in terms of the Employment of Educators Act, 1998 (Act No. 76 of 1998); (viii) “council” means the South African Council for Educators referred to in section 4; (vii)” “educator” means any person referred to in section 3 and who teaches, educates or trains other persons or who provides professional educational services, including professional therapy and educational psychological services, at an institution: (vi) “further education and training institution” means a public or private further education and training institution defined in section 1 of the Further Education and Training Act, 1998 (Act No. 98 of 1998), or any technical college, youth college, community college, state college or other college which is wholly or partly funded by the state; (iii) “institution” means any school, further education and training institution or adult learning centre; (ii) “member” means a member of the council appointed in terms of section 6; (iv) “Minister” means the Minister of Education; (v) “organised profession” means all trade unions or federations of trade unions which are members of the Education Labour Relations Council; (i) “school” means a public or independent school defined in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996). (ix)
Objects of Act
2. The objects of this Act are— (a) to provide for the registration of educators; (b) to promote the professional development of educators; and (c) to set, maintain and protect ethical and professional standards for educators,
by means of the functioning of the council.
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Application of Act
3. This Actapplies [oalledt]c:itors appointed- (u) internls of theEmpIo!nlen to fEducatorsAct, 1998 (Act No.760f 1998); (h) in terms of the South Atrican Schools Act, 1996 (Act No. 84 of 1996): (c) tit an independent school; 5 (d) in terms of the Further Education and Training Act, 1998 (Act No. 98 of
1998); (c) at a further education and training institution; (f) at an adult learning centre.
CHAPTER 2 10
CONTINUATION, POWERS AND DUTIES, COMPOSITION AND GOVERNANCE OF COUNCIL
Continuation of council
4. The South African Council for Educators referred to in section 27 of the Employment of Educators Act, 1998 (Act No. 76 of 1998), continues to exist as a juristic 15 person despite the repeal of that section by section 28 of this Act.
Powers and duties of council
5. Subject to this Act and the National Education Policy Act, 1996 (Act No. 27 of 1996), tbe council—
(a) with regard to the registration of educators— 20 (i) must determine minimum criteria and procedures for registration or
provisional registration; (ii) must consider and decide on any application for registration or
provisional registration; (iii) must keep a register of the names of all persons who are registered or 25
provisionally registered; (iv) must determine the form and contents of tbe registers and certificates to
be kept, maintained or issued in terms of this Act, the periods within which they must be reviewed and the manner in which alterations thereto may be effected; and 30
(v) may prescribe the period of validity of the registration or provisional registration;
(b) with regard to the promotion and development of the education and training profession— (i) must promote, develop and maintain a professional image; 35
(ii) must advise the Minister on matters relating to the education and training of educators. including but not limited to- (au) the minimum requirements for entry to all the levels of the
profession; (bb) the standards of progmmmes of pre-service and in-service educator 40
education: (cc) the requirements for promotion within the education system; (old) educator professionalism;
(iii) must research and develop a professional development policy; (iv) must promote h-service training of all educators; 45 (v) may develop resource materials to initiate and run, in consultation with
an employer. training programmed, workshops, seminars and short courses that are designed to enhance the profession;
(vi) may compile, print and distribute a professional journal and other publications; 50
(vii) may establish a professional assistance facility for educators; (c) with regard to professional ethics—
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(i) mus[ compile. m a i n t a i n and iron] time to lime r ev i ew a code of’ professional ethics for eciuca[ors who arc registered or provisionally registered with the council:
(ii) must determine s fair hearing procedure: (iii) subject to subparagraph (ii). may—
(aa) caution or reprimand; (bb) impose a fine not exceeding one mon[h’s salary on; or (cc) remove from the register for a specified period or indefinitely. or
subject to specific conditions, the name of. an educator found guilty of a breach of the code of professional ethics: 10 and
(iv) may suspend a sanction imposed under subparagraph (iii)(bb) or (cc) for a period and on conditions determined by the council:
(2) with regard to fees— (i) must. in consultation with the Minister, determine fees payable to the 15
council by registered educators and educators applying for registration; (ii) may require from the relevant employers to deduct fees from the salaries
of educators and to pay it over to the council: (iii) may, after a fair hearing—
(us) caution or reprimand: or 20 (bb) remove from the register for a specified period or indefinitely. or
subject to specific conditions. the name of. an educator found guilty of failing to pay the fees determined by the council; and
(iv) may suspend a sanction imposed under subparagraph (iii)(bb) for a 25 period and on conditions determined by the council; and
(e) in general— (i) must advise the Minister on any educational aspect which the Minister
may request it to advise on; (ii) may appoint staff and determine their conditions of service;
(iii) may establish committees and assign duties to them; (iv) must perform any duty which is necessary for the proper functioning of
the council; and (v) may advise the Minister on any relevant educational aspect.
Composition of council
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6. ( 1 ) The council consists of the following members, appointed by the Minister with due consideration to representation in respect of race, gender, disability and geographic distribution:
40 (a) The chairperson, subject to section 7; (b) 18 educators collectively nominated by the organised profession; (c) five persons nominated by the Department of Education; (d) two persons nominated by the national associations representing school
governing bodies contemplated in section 20(3) of the South African Schools Act. 1996 (Act No. 84 of 1996);
(e) one person nominated by the Council on Higher Education established by 45 section 4 of the Higher Education Act, 1997 (Act No. 101 of 1997);
(~) one person nominated by the councils of further education and training institutions contemplated in section 8 of the Further Education and Training Act, 1998 (Act No. 98 of 1998):
(g) one person nominated by national bodies representing independent or private 50 institutions recognised by the Minister: and
(h) the chief executive officer of the council, subject to section 17. (2) The members referred to in subsection ( 1)(b) must consist of educators, including
principals, employed at or in each of the following institutions or sectors: (a) A public ordinary school; 55 (b) an independent school; (c) a public further education and training institution; (d) a private further education and training institution; (e) early childhood development sector; (~) an adult learning centre; 60 (g) learners with special education needs sector.
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Act i%. 31. 2000 S(IL”TH .Af’RIC,A;Y CO(’NCI1, FOR ED(ICATORS ACT. 2000
(3) If the organised profession is unable to reach agreement collectively with regard to [he 18 nominations referred to in subsection ( I )(b). the Minister must appoint 18 members from the nominfi[ions by individual organisations from the organised profession.
(4) When any nomination becomes necessary in terms of subsection (1), the council 5 must invite the relevant bodjes or authorities in writing to nominate persons who qualify for nomination within a specified period of at least 30 days.
(5) No person may be nominated or appointed as a member of [he council if that person—
((/) is removed from an otlice of trust by a court of law; or 10 (b) is convicted of tin offence involving dishonesty or an offence for which the
sentence imposed is imprisonment wjthout the option of a fine. (6) If the council receives any nomination it must. within 30 days after the expiry date
specified in the invitation, submit the nomination to the Minister. (7) If the council receives no nominations or receives insufficient nominations within 15
the period specified in the incitation. the Minister may, after consultation with the council, appoint persons who meet the requirements up to the number required, as members.
(8) The Minister must by notice in the Ga:efte, as soon as practicable after the appointment of the members, publish the name of every person appointed as a member, 20 together with the date from which the appointment takes effect and the period for which the appointment is made.
Chairperson and deputy chairperson of council
7. ( 1 ) (a) At the first meeting in a new term of office of members, the members must nominate five persons, of whom one must be appointed by the Minister as chairperson. 25
(b) A person who is not a member maybe nominated by the council for appointment as chairperson.
(2) The chief executive officer must act as chairperson until such time as a chairperson is appointed.
(3) After the appointment of the chairperson by the Minister, the members must elect 30 one of their number as deputy chairperson of the council to act as chairperson when the chairperson is not available.
(4) The chairperson and deputy chairperson hold office during the term of office of the members.
(5) In the event of the chairperson being appointed from the members of the council, 35 the vacancy that arises must be filled in accordance wjth section 10.
(6) Whenever both the chairperson and the deputy chairperson are not available, the members must, from among themselves, elect a member to act as chairperson.
Term of office of members
8. Subject to section 10(2), all members, excluding the chief executive officer, hold 40 office for a period of four years.
Termination of office of chairperson, deputy chairperson or member
9. The term of office of the chairperson, deputy chairperson or any other member is terminated if the member—
(a) resigns by giving notice jn writing to the Minister and the council; 45 (b) is absent from three consecutive meet@ of the council or from a committee
of which the member is a member without leave of the relevant chairperson, or in the case of the chairperson, the leave of the executive committee of the council;
(c) brings the council or the profession into disrepute; 50 (d) no longer meets the requirements referred to in section 6(1) and (2); (e) (i) is declared insolvent;
(ii) is removed from an office of trust by a court of law; (iii) is convicted of an offence involving dishonesty or an offence for which
the sentence imposed is imprisonment without the option of a fine; or 55 (iv) is declared by a competent court to be of an unsound mind or under a
legal disability.
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I(J .s{1. 2 [.!.3 I GO Vt:RNME\r”l GAZETTL 2 AUG[’SI° 2000
.\ct w 31, 2000” SO IIT[[ ,AFRIC.ear by a chartered ticcountant I-egistered in terms of the Public Accountants’ and Auditors’ Act. 1991 (Act No. 80 of 1991), appoin[ed by the council.
(7) A COPY of the audited financial statements must be submitted to the Minister within three months after the end of the council’s financial year.
5 Annual report
20. ( 1 ) The council must. within three months after the end of each financial year. submit a report to the Minister on the performance of its functions during that financial year.
(2) The Minister must table the report in Parliament as soon as is reasonably 10 practicable.
CHAPTER 3
REGISTRATION OF EDUCATORS
Compulsory registration of educators
21. ( 1 ) A person who qualifies for registration in terms of this Act must register with 15 the council prior to being appointed as an educator.
(2) No person maybe empIoyed as an educator by any employer unless the person is registered with the council.
Application for registration
22. (1) (a) An application for registration must be made to the council in the manner 20 and form determined by the council.
(b) The applicant must submit the documentation and information required by the council together with the registration fee refer-red to in section 5(d)(i).
(2) The council must consider an application for registration in terms of the requirements for registration deter-mined by the council.
25(3) If an applicant for registration satisfies the requirements referred to in subsection (1), the council must register the appIicant and issue a registration certificate to the educator.
(4) 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.
(5) When an educator who is provisionally registered as contemplated in subsection (4) satisfies all the requirements for registration and the conditions referred to in that subsection, the council must register the educator in accordance with subsection (3).
(6) If an educator referred to in subsection (4) does not satisfy the requirements for registration within the period specified, the provisional registration lapses and the name of the person is removed from the register.
(7) The period for which an educator is provisionally registered maybe extended by the counciI, and different conditions in respect of different applicants may be determined if there is a reasonable basis for the ditTerentiation.
(8) Different categories of regifiration may be detemined by the council— (a) to allow for special circumstances of different sectors in education; or (b) if there is a reasonable basis for such differentiation.
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Removal of name from register
23. (1) The council may direct the chief executive officer to remove the name of an 4S educator from the re~ister if—
(a)
(b) (c) (d)
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; 50 the educator requests de-registration, permanently or for a specified period;
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(c) theeducatfJr fails [(~~~:i!t hefeesp rescribedb ythecot]ncilw ithina specified period; or
W the educator dies. (2) Notice of the removal of the name of an educator from the register must be given
by the chief executive ofiicer to the educator concerned by way of certified mail 5 addressed to the relevant address appearing in the register.
(3) The name of an educator contempltited in subsection ( 1 )(a), (b). (c) and (c) may not be removed from the register unless the educator was given a reasonable opportunity to make representations [o the council.
(4) As from the date on which notice contemplated in subsection (2) has been given 10 to the educator any registration certificate issued to the educator concerned is regarded to be cancelled.
Registration certificates
24. ( 1 ) A registration certificate must be issued and sent to the educator upon registration by the council. 15
(2) 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.
CHAPTER 4 Z()
GENERAL
Transitional provisions
25. (1) The terms of office of the members of the council in office immediately prior to the commencement of this Act, expire on the day prior to the date on which the appointment of the members takes effect in terms of section 6(8). 25
(2) Any function performed by the council prior to the commencement of this Act, is regarded to have been performed in terms of the corresponding provision of this Act.
(3) Despite the provisions of subsection (2), any disciplinary proceedings instituted against an educator for an alleged breach of the code of professional ethics prior to the commencement of this Act must be continued and concluded in terms of the procedure 30 determined in terms of Chapter 6 of the Employment of Educators Act, 1998 (Act No. 76 of 1998).
(4) The constitution, registration procedure, code of professional ethics and other procedures of the council existing immediately prior to the commencement of this Act, remain in force until amended or repealed by the council under this Act, except where 35 they are in conflict with the provisions of this Act.
(5) The compulsory registration fees and other fees payable to the council immediately prior to the commencement of this Act, remain in force until amended or repealed by the council under this Act.
(6) The agreements of employment existing immediately prior to the commencement 40 of this Act between the employees of the council, and the council, continue to exist subject to applicable Iabour [aw,
(7) Practicing educators to whom the provisions of the Employment of Educators Act, 1998 (Act No. 76 of 1998), do not apply and who are required in terms of this Act to register are, subject to subsection (8), regarded to be provisionally registered with the 45 council, irrespective of their qualifications.
(8) Provisional registration contemplirted in subsection (7) remains valid until a date determined by the Minister, prior to which date the educators concerned must apply for and obtain registration in terms of Chapter 3 in order to remain registered.
Information to be furnished to council 50
26. (1) A higher education institution and the employer of an educator must furnish the council, at its request, with such information as is reasonably required by the council for the performance of its functions.
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(2] In each case where disciplinary steps are taken against any educator by the employer resulting in a sanction other than a caution or reprimand. a certified summary of’ the record of the proceedings fit the hearing and of the sanction imposed must be forwarded to the council by such employer.
Offences and penalties 5
27. Any person who- (a) has been duly summoned under section 14(5) and who fails without sufficient
cause— (i) to attend at the time and place specitied in the summons; or
(ii) to remain in attendance until excused by the panel from further IO attendance;
(b) refuses to be sworn or to affirm as a witness: or (c) fails without suficient cause—
(i) to answer fully and satisfactorily any question lawfully put to that person; or 15
(ii) to produce any book, document or object in that person’s possession or custody or under that person’s control which that person was required to produce in terms of the said section 14(5),
is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months. 20
Repeal of law
28. Chapter 6 of the Employment of Educators Act, 1998 (Act No. 76 of 1998), is hereby repealed.
Short title
29. This Act is called the South African Council for Educators Act, 2000. 25