Education Laws Amendment Act [No. 100 of 1997]
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Oj’ice as a Newspaper As ‘n Nuusblad by die Poskantoor Geregistreer
CAPE TOWN, 28 NOVEMBER 1997 VOL 389 No. 18480
KAAPSTAD, 28 NOVEMBER 1997
OFFICE OF THE PRESIDEIW
No. 1604. 28 November 1997
It is hereby notified that the President has assented to the following Act which is hereby published for general information:—
No. 100 of 1997: Education Laws Amendment Act, 1997.
KANTOOR VAN DIE PRESIDENT
No. 1604. 28 November 1997
Hierby word bekend gemaak dat die President sy goedkeunng geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:—
No. 100 van 1997: Wysingswet op Onderwyswette, 1997
. No 18480 GO\ ’ERNNIENT GAZETTE. 2X NO\ ’ENIBER 1997
Act NO. 100.”1997 EDUCATION L..\W’S .\Yt[7NDNlEXT ,L\CT. 1997
GENERAL EXPLANATORY NOTE:
[ 1 Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
ACT To amend the South African Schools Act, 1996, so as to insert a definition and substitute others; to enable public schools to appoint educator and non-educator staff additional to the approved establishment; and to make certain technical adjustments; to amend the National Education Policy Act, 1996, so as to make certain technical adjustments; and to delete an obsolete provision; to amend the Educators’ Employment Act, 1994, so as to enable the Minister to determine requirements for appointment, transfer and promotion of educators; to provide for a process to enable public schools to make recommendations for the appointment, transfer or promotion of educators as a result of operational requirements of the employer; to make certain technical adjustments; and to delete obsolete provi- sions: to repeal the National Policy on the Salaries and Conditions of Employment of Educators Act, 1984; and to provide for matters connected therewith.
(Afrikaans text si:mf IV the Pt-eside/zt. ) (Assented to 26 No\w?zber 1997. )
B E IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— Amendment of section 1 of Act 84 of 1996
1. Section 1 of the South African Schools Act 1996. is hereby amended— (a) by the insertion after the definition of “’public school” of the following 5
definition: “Registrar of deeds” means the registrar of deeds referred to in section z of the Deeds Registries Act. ] 937 (Ac( No. 47 of 1937);” J
(b) by the substitution for the definition of “Constitution” of the following definition: 10
“Constitution” means tbe Cmsfitufion of the Republic of South Africa. [1993 (Act No. 200 of 1993)] 1996 (Act No. 10g of 1996);” ;
(c) by the substitution for the definition of “school” of the following definition: ‘“school” means a public school or an indepetldeilf schml which enrols learners in one or more grades [between] from ,qrade zero [and] ~ 15 grade twelve;’”.
Amendment of section 2 of Act 84 of 1996
2. Section 2 of the South African Schools Act. 1996. is hereby amended by the -
addition to subsection (3) of the following words: “and this Act.”. ~o
4 NO. 18480 GOVERNMENT GAZETTE. 28 NOVEMBER 1997
Act No. 100, 1997 EDUCATION LAW’S AMENDMENT ACT, 1997
Amendment of section 11 of Act 84 of 1996
3. Section 11 of the South African Schools Act. 1996, is hereby amended by the substitution for subsection ( 1 ) of the following subsection:
“(1 ) A representative council of learners at the school must be established at every public school enrolling learners in the eighth grade [and] ~r higher.”.
Amendment of section 13 of Act 84 of 1996
4. Section 13 of the South African Schools Act. 1996, is hereby amended— (a) by the substitution for subsection (7) of the following subsection:
“(7 ) The [registrar of any deeds registry] Registrar of deeds may not execute, attest to or register a transfer deed in respect of the immovable property in question unless the owner has provided the [registrar] Registrar Qf deeds with proof of the agreement contemplated in subsection (6).”;
(b) by the substitution in the Afrikaans text for subsection (8) of the following subsection:
“(8) Die bepalings van die [Wet op die] Registrasie van Aktes l&t, 1937 (Wet No. 47 van 1937), is nie van toepassing op die reg beoog in subartikel (2) nie. ”;
(c) by the addition of the following subsection: “(9) On application by the owner and on production of the owner’s
copy of the title deed, the Regisrrar c$ deeds must endorse on the title deed and in his or her records the fact that a public school has been established on the land in terms of this Act.”.
Amendment of section 14 of Act 84 of 1996
5. Section 14 of the South African Schools Act, 1996, is hereby amended— (a) by the substitution in subsection (5). for the words preceding paragraph (a) of
the following words: “Despite subsection (3). a [registrar of a deeds registry] Registrar of deeds must endorse on the title deed of the affected property that the property is subject to an agreement contemplated in this section, if the [registrar] Registrar qf deeds receives—”;
(b) by the insertion after subsection (6) of the following subsection. the existing subsection (7) becoming subsection (8):
“(7) The Regisfrar of deeds may cancel any endorsement made in accordance with subsection (5) if the owner of the property submits an affidavit from the Member of the Executive Council of the province in which the public school is situated to the effect that such public school has been closed in terms of section 33. “’,
Amendment of section 20 of Act 84 of 1996
6. Section 20 of the South African Schools Act, 1996, is hereby amended by the addition of the following subsections:
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“(4) Subject to this Act, the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other applicable law, a public school may establish posts for educators and employ educators additional to the establishment determined by the Member qfthe Executive Council in terms of section 3(1) of the Educators’ Employment Act, 45 1994,
(5) Subject to (his Act, the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other applicable law, a public school may establish posts for non-educators and employ non-educator staff additional to the establishment determined in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994). 50
(6) An educator and a non-educator employed in a post established in terms of subsection (4) or (5) must comply with the requirements set for employment in public schools in terms of this Act, the Labour Relations Act, 1995 (Act No. 66 of 1995), and any other applicable law. .
6 No. 18480 GO\’ERNMENT GAZETTE. 28 NOVEMBER 1997
Act NO. 100.1997 EDUCATION LAW’S AMENDMENT ACT. 1997
(7) A public school may only employ an educator in a post established in terms of subsection (4) if such educator is registered as an educator with the South African Council of Educators.
(8) The staff contemplated in subsections (4) and (5) must be employed in compliance with the basic values and principles referred to in section 195 of the Constitution. and the factors to be taken into account when making appointments include. but are not limited to— (a) the ability of the candidate; (b) the principle of equity; (c) the need to redress past injustices: and (d) the need for representivity.
(9) When presenting the annual budget contemplated in section 38. the governing body of a public school must provide sufficient details of any posts envisaged in terms of subsections (4) and (5). including the estimated costs relating to the employment of staff in such posts and the manner in which it is proposed that such costs will be met.
( 10) Despite section 60. the State is not liable for any act or omission by the public school relating to its contractual responsibility as the employer in respect of staff employed in terms of subsections (4) and (5).
(11 ) After consultation as contemplated in section 5 of the National Education Polic~ Act, 1996 (Act No. 27 of 1996). the J4inister may determine norms and standards by notice in the Gazette regarding the funds used for the employment of staff referred to in subsections (4) and (5). but such norms and standards may not be interpreted so as to make the State a joint emplover of such staff.”.
Amendment of section 24 of Act 84 of 1996
7. Section 24 of the South African Schools Act. 1996. is hereby amended bj the addition to subsection ( 1 ) of the following paragraph:
“(j) the principal in his or her official capacity.”.
Amendment of section 39 of Act 84 of 1996
8. Section 39 of the South African Schools Act. 1996. is hereby amended b) the substitution in the Afrikaans text for paragraph (b) of subsection (2), of the following paragraph:
“(b) billike maatstawwe en procedures vir die algehele. gedeeltelike of voorwaardelike vrystelling [deur die beheerliggaam] van ouers wat nie in staat is om skoolgeld te betaal nie. ”.
Amendment of section 55 of Act 84 of 1996
9. Section 55 of the South African Schools Act, 1996. is hereby amended by the addition of the followimz subsections:
“(11 ) The Regis;rar of deeds in the office where the immovable property of a school is registered. must. on submission of the title deed in question. make such endorsement on the title deed and such entry in the register as may be required to register the transfer of the immovable property.
(12) Any immovable property belonging to the State which was used by a school and not transfemed or endorsed into the name of the school contemplated in subsection ( 1 ) remains the property of the State.
(13) Any immovable property which was transferred into the name of a school contemplated in subsection ( 1 ) must. if such school is subsequently closed in terms of this Acf or any other applicable law. devolve upon the State.”.
Amendment of section 59 of Act 84 of 1996
10. Section 59 of the South African Schools Act, 1996. is hereby amended by the substitution for subsection (2) of the following subsection:
“(2) Every school must provide such information about the school as is reasonably required by the Head of Department or the Director-General of the national Department of Education in consultation with the Head of Depart- ment.”.
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8 No. 18480 GOVERNMENT GAZETTE. 28 NOVEMBER 1997
Act No. 100, 1997 EDUCATION LAWS AMENDMENT ACT. 1997
Amendment of section 3 of Act 27 of 1996
11. Section 3 of the National Education Policy Act. 1996, is hereby amended— (a) by the substitution for subsection (2) of the following subsection:
“(2) In determining national policy for education at education institutions, the Minister shall take into account the competence of the 5 provincial legislatures in terms of section [126] 146 of the Constitution, and the relevant provisions of any provincial law~ating to education.”; and
(b) by the substitution in subsection (4) for the words preceding paragraph (a) of the following words: 10
“Subject to the provisions of subsections (1) to (3), the Minister shall determine national policy for the planning, provision, financing, [sting,] co-ordination, management, governance, progranunes, moni- toring, evaluation and well-being of the education system and, without derogating from the generality of this section, may determine national 15 policy for—”.
Amendment of section 4 of Act 27 of 1996
12. Section 4 of the National Education Policy Act, 1996, is hereby amended by the substitution in paragraph (a) for the words preceding subparagraph (i) of the following words: 20
“(a) the advancement and protection of the fundamental rights of every person guaranteed in terms of Chapter [3] ~ of the Constitution, and in terms of international conventions ratified by Parliament, and in particular the r i g h t - ”
Amendment of section 9 of Act 27 of 1996 25
13. Section 9 of the National Education Policy Act, 1996, is hereby amended by the substitution in subsection (4) for paragraph (a) of the following paragraph:
“(a) promote a national education policy which takes full account of the policies of the government, the principles contained in section 4, the education interests and needs of the provinces, and the respective competence of 30 Parliament and the provincial legislatures in terms of section [126] 146 of the Constitution;”.
Amendment of section 1 of Proclamation No. 138 of 1994, as amended by item 1 of Schedule 2 to Act 84 of 1996
14. Section 1 of the Educators’ Employment Act, 1994, is hereby amended by the 35 deletion, in the definition of “employer”, of paragraph (d).
Amendment of section 3 of Proclamation 138 of 1994, as amended by item 2 of Schedule 2 to Act 84 of 1996
15. Section 3 of the Educators’ Employment Act, 1994, is hereby amended by the substitution for subsection (1) of the following subsection: 40
“(1 ) Notwithstanding anything to the contrary contained in any other law, but subject to this Act [and the National Policy on the Salaries and Conditions of Employment of Educators Act, 1984 (Act No, 76 of 1984)], the educator establishment at an educational institution in a province shall consist of the posts which the Member of the Executive Council creates and the educator establishment 45 of the Department of Education shall consist of the posts which the Minister creates.”.
Repeal of section 3A of Proclamation No. 138 of 1994, as amended by item 3 of Schedule 2 to Act 84 of 1996
16. Section 3A of the Educators’ Employment Act, 1994, is hereby repealed. 5 0
10 N(I 184(40 GOVERNMENT GAZETTE, 2X NOVEMBER 19[17
Act No. 100, 1997 EDLrCATION LAW’S AMENDMENT ACT. 1997
Amendment of section 4 of Proclamation No. 138 of 1994, as amended by item 4 of Schedule 2 to Act 84 of 1996
17. Section 4 of the Educators’ Employment Act. 1994. is hereby amended— (a) by the substitution for subsection ( 1 ) of the following subsection:
“(1 ) The [qualifications] requirements for appointment. transfer and promotion [as an educator] shall be determined by the Minister.”;
(b) by the substitution for subsection (3) of the following subsection: “(3 ) The [authority to] employer shall fill a post referred to in section
3(I) and (3) at a public school [in terms of subsection] subject to subsections (2) and (4) [is exercised] on the recommendation of [a] that public school. as represented by its governing body. and the employer may only deviate from such recommendation if—
(a) the candidate does not [have the required qualifications] complv with the requirements referred to in subsection ( 1);
(b) the candidate [has been found guilty of misconduct] is not registered or does not qualify for registration as an educator with the South African Council of Educators: or
(c) sufficient proof exists that the recommendation made b~ the school was based on improper influence:”:
(c) by the insertion after subsection (3) of the following subsection. the existing subsection (4) becoming subsection (5):
“(4) The public school shall make its recommendations in terms of subsection (3) from candidates identified by the employer if the number of posts on the establishment contemplated in section 3(I) and (3) is reduced by the employer due to operational requirements as contemplated in the Labour Relations Act. 1995 (Act No. 66 of 1995).”: and
(d) by the substitution for subsection (5) of the following subsection:
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“(5) The requirements contemplated in subsection ( 1 ) must comply with the basic values and minciDles referred to in section 195 of the 1 30 Constitution of the Repubiic of ‘South Africa. 1996 (Act No. 108 of 1996). and the factors to be taken into account in determining the requirements. include but are not limited to— (a) the ability of the candidate; (b) the principle of equity; (c) the need to redress past injustices: and (d) the need for representivitv.’s.
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Amendment of section 5 of Proclamation 138 of 1994. as amended by item 5 of Schedule 2 to Act 84 of 1996
18. Section 5 of the Educators’ Employment Act. 1994. is hereby amended by the 40 substitution in subsection ( I ) for the words preceding paragraph (a) of the follov’ing words:
“Notwithstanding anything to the contrary contained in any other law. but subject to the provisions of [the National Policy on the Salaries and Conditions of Employment of Educators Act, 1984 (Act No. 76 of 1984), and] the Labour 45 Relations Act—”.
Amendment of section 15 of Proclamation No, 138 of 1994
19. Section 15 of the Educators’ Employment Act. 1994. is hereby amended by the substitution for subsection ( 1 ) of the following subsection:
“Hearing by disciplinary tribunal 50
15. (1) If an educator charged in terms of section 14(1) denies the charge or fails to comply with the notice contemplated in section 14(3). the employer shall appoint a disciplinary tribunal consisting of a chairperson and two other persons. one of whom shall be nominated by the educator or the employee member of which such an educator is a member. to inquire 55 into the charge.”.
GP-S 81 112292 81/112292 (Z 324)
I certify that, with the exception of metered prwate calls within the local Ek sertifiseer dat, met uitsondering van getelde private oproepe binne die
exchange system and the private calls as well as the expenditure for the usage plaaslike sentralestelsel en die private oproepe sowel as uitgawes vir die
of telex and facsimile facilities detailed below, the calls and expenditure incurred gebruikmaking van teleks- en faksimileefasiliteite wat hieronder uiteengesit is.
in respect of telex and facsimile facilities included in this account were made on die oproepe en uitgawes ten opslgte van teleks- en faksimileefasiliteite wat In
urgent official business and that any less expensive means of commumcation hierdie rekening ingesluit is, vir dringende amptelike sake gemaak IS. en dat
would not have been efficient enough. Charges In respect of the followlng enige goedkoper kommunikasiemlddel nie doeltreffend genoeg sou gewees het
private calls, telexes and facsimiles have been paid for: nie, Koste ten opsigte van die volgende private oproepe, telekse en faksimilee
is betaal:
Trunks calls marked X Hooflynoproepe wat Xgemerk is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R . . . . . . . . . . . . . . . . . . . . . . . . .
Private trunk calls included in metered units P r i v a t e h o o f l y n o p r o e p e w a t In getelde e e n h e d e ingeslult IS R
Telexes Telekse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Facsimiles Faksimilee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total Totaal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
~.. -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of authorised officer
Handtekening van gemagiigde bearnpte
Rank &(: 1/;, - Rang . . . . . . . . . . . . . . . . . . . . . . . '.E . . . . . . . . . . . . . . . . . . . . . . . .
/’
R
R . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . R . . . . . . . . . . . . . . . . . . . . . . . . . . .
,+J i -’i ~ Ti-p. . . . . . . . . . . . . . . . . . . . . . . Name in blockletters
Naam in drukskrif
Date ‘-. ;; - , Datum . . . . . . . . .. . . . . . .. fi. = . . . . . . . . . . . . . . . . . . . . . . . . .
1~ No. 18480 GOVERNMENT GAZETTE, 28 NOVEMBER 1997
Act No. 100, 1997 EDUCATION LAWS AMENDMENT ACT, 1997
Amendment of section 18 of Proclamation No. 138 of 1994
20. Section 18 of the Educators’ Employment Act, 1994, is hereby amended by the substitution in subsection (4) for paragraph (c) of the following paragraph:
“(c) one member nominated by the educator or employee member of which such educator is a member: Provided that if the educator or 5 employee member concerned fails to nominate such a member within a reasonable time, the Member of the Executive “Council shall appoint the member.”.
Repeal of Act 76 of 1984
21. The National Policy on the Salaries and Conditions of Employment of Educators 10 Act, 1984 (Act No. 76 of 1984), is hereby repealed.
Transitional provision
22. Any educator who has been appointed in an unsubsidised post contemplated in section 3A of the Educators’ Employment Act, 1994 (Proclamation No. 138 of 1994), must, as long as his or her contractual arrangements are still in force, be regarded as 15 being employed in terms of section 20(4) of the South African Schools Act, 1996 (Act No. 84 of 1996).
Short title
23. This Act is the Education Laws Amendment Act. 1997.