1. The Western Cape Education Department (WCED) is aware that there are WCED-employees (educators and public service staff) who intend standing for election in the forthcoming elections (local, provincial and national).

2. Whilst recognising the right of employees to pursue political careers, the WCED acknowledge the fact that our country’s constitution stresses the rights of the child. The educational needs of all children in the Province are therefore of paramount importance, and the WCED is committed to ensuring the learners’ right to a secure and undisturbed learning environment.

3. Having regard for the above, and without derogating from an employee’s right to stand for election, the WCED advises as follows:

3.1 PRE-ELECTIONS
3.1.1 No employee may further the interests of his or her political party during official/school time.
3.1.2 All employees who intend campaigning in the elections (local, provincial and national) during school/office hours must submit an application for leave for this purpose to the Head: Education and be granted approval before he or she commences his or her election campaign. The normal leave application procedure must be followed and it should be borne in mind that the interests of the learners at the educational institution and/or the service delivery requirements of the institution/office will receive first priority when it is determined whether leave can be granted.
3.1.3 The WCED will under no circumstances grant an employee leave of absence for the purpose of assisting another person (whether such other person is an employee, or not, of the WCED) in his or her election campaign.
3.1.4 Should any employee referred to in paragraph 3.1.2 above fail to apply for leave, or be absent without leave, he or she may face disciplinary action.
3.1.5 In the case of educational institutions, the WCED will not provide substitutes to replace educators who are on leave for campaigning purposes.

3.2 POST ELECTIONS
3.2.1 Full-time political office bearers
An employee elected to full-time political office (National or Provincial Parliament or local councils - executive mayor, deputy executive mayor, speaker, members of mayoral committee, single whip or full-time councillor) will receive a full-time salary and as a result will have to resign from the employ of the WCED. (Note that state employees may not receive two state salaries.)
3.2.2 Part-time political office bearers (part-time local councillors)
(a) No employee may further the interests of his or her political party during official/school time.
(b) Employees who are elected to local councils as part-time councillors will receive remuneration for serving on such councils and must therefore be mindful that unless an employee’s conditions of service provide otherwise, no employee shall without permission of the employer perform or undertake to perform remunerative work outside his or her official duty or work. Employees elected to local councils as part-time councillors must therefore apply (via the official channels of communication) in writing to the Head: Education for permission to do other remunerative work.
(c) The application, which must be submitted within twenty one (21) days after the employee has been elected, must provide the following information:

  • How the employee will ensure that his or her task as local councillor will not interfere in any way with his or her official responsibilities (especially in the case of educators towards his or her learners). In this regard, educators are reminded that in terms of Circular 21/1999 and Resolution 7/1998 they are required to be on duty at the school for at least seven hours each day.

  • In the case of institution-based employees, a letter from the governing body/council expressing the opinion of the members about the involvement of the institution-based employee in the activities of the local council during school hours must accompany the application. In addition the letter must motivate how the governing body/council will make alternative arrangements to accommodate the absence of the employee without interfering with the effective teaching and learning at the institution.

  • In the case of office-based staff (educators and public service staff) the recommendation/comments of the responsible Director must accompany the application.
(d) If deemed necessary and where applicable, the Head: Education will take the employee’s service record into account when assessing his or her application.
(e) Employees serving as part-time councillors must note the following measures:

  • An employee is not allowed to perform any kind of work for the local council on the office/school premises and/or during official (school) hours of duty.

  • Should an employee-councillor be required to perform council functions during official/school time, he or she must apply for leave before the commencement of the period of absence. This means that the employee concerned may not leave his or her post unless official approval for such leave has already been received from the WCED. Should the employee not satisfy this requirement, he or she will not receive a salary during that period of leave and, in addition, disciplinary steps may be taken against him or her.

  • Unless prior approval for leave has been granted via the appropriate channels, an employee will not be released from his or her obligations as an employee with the purpose of performing council work during office/school time (hours).

  • School/WCED resources, which include school/departmental premises and/or personnel and learners may not be used by an employee-councillor to further the interests of the local council during official/school hours.

  • Should an employee neglect, refuse or be unable to fulfil his or her official duty because of local council work or other local council commitments, such neglect, refusal or inability will be considered by the WCED to be a serious breach of the employer-employee relationship and may result in possible disciplinary actions.

  • All schools under the control of the WCED are hereby informed that the WCED will not appoint substitutes to replace employee-councillors who work part-time.
4. LEGISLATIVE FRAMEWORK

The following legislation, with due cognisance to Section 19 of Chapter 2 of the Constitution of the Republic of South Africa, guides the policy measures set out above:
4.1 EDUCATORS

  • Section 33(1)(b) of the Employment of Educators' Act, 1998;

  • Circular 21/1999; and

  • Resolution 7/1998 of the Education Labour Relations Council (ELRC).
4.2 PUBLIC SERVICE STAFF

  • Section 30(b) of the Public Service Act, 1994.
5. GENERAL

An employee may request the WCED to reconsider it’s decision, pertaining to the issues in this circular, by submitting a written motivation within 21 days of becoming aware of the decision.

Heads of educational institutions and Directors are kindly requested to ensure that the contents of this circular are brought to the attention of all staff and that each person concerned signs the circular.


SIGNED: R.B. SWARTZ
HEAD: EDUCATION
DATE: 2003:12:03