| 1.1 |
Principals and school governing bodies are hereby informed that the Employment of Educators' Act, 1998 (Act 76 of 1998) has been amended by the insertion of Section 6A, as promulgated in the Education Laws Amendment Act, 2002 (Act 50 of 2002). This amendment provides for the appointment of unemployed and newly qualified educators to educator posts without the recommendation of the school governing body.
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| 1.2 |
Educators who took the Voluntary Severance Package (VSP), in terms of ELRC Resolution 3/1996 during 1996, 1997 and 1998, or who were discharged on account of ill health, will not be considered for re-appointment in terms of Section 6A of the Employment of Educators' Act, 1998 (Act 76 of 1998).
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| 1.3 |
Educators who, at their own request, terminated their services by way of early retirement, or who were discharged due to ill-health and who have had the opportunity of an extensive career in education may not be considered for re-appointment. In terms of Chapter B paragraph 2.3 of the Personnel Administration Measures (PAM), their re-appointment is regarded as not being in the interest of the State. Consequently, they will not be considered for appointment in terms of Section 6A of the Employment of Educators' Act, 1998 (Act 76 of 1998).
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| 2. |
MEASURES (BROAD PRINCIPLES)
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| 2.1 |
In the case of educators who are first appointees or who are re-appointed after one or more years' break in service, the Western Cape Education Department (WCED) may
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| 2.1.1 |
receive applications from first-time applicants or applicants returning after a break in service;
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| 2.1.2 |
process the applications and match them to the available vacant posts; and
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| 2.1.3 |
make appointments at a school, subject to paragraph 3 below.
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| 2.2 |
It must be noted that preference will be given to the appointment of newly qualified educators above educators with a break in service.
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| 3. |
PROCEDURE REGARDING THESE APPOINTMENTS
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| 3.1 |
These appointments may only be made after the WCED has
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| 3.1.1 |
consulted the relevant governing body on the specific post and its requirements; and
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| 3.1.2 |
ensured that the applicant satisfies the requirements for the post and has the prescribed qualifications.
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| 3.2 |
It is important to note that the WCED will implement the new Section 6A as follows:
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| 3.2 |
If a post is vacant on the institution's establishment and the school governing body fails to submit a nomination within the prescribed period of two months, or the school governing body does not submit a nomination, the WCED will give absolute preference to newly qualified educators for appointment to the educator post before considering the appointment of unemployed or temporary educators. In all cases these appointments will be made without the recommendation of the school governing body.
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| 3.2.1 |
If a WCED-funded post is filled in a temporary capacity and the school governing body fails to submit a nomination within the prescribed period of two months, the Head of Department will appoint the current temporary incumbent of the post in a permanent capacity if he/she complies with the requirements of that post without the recommendation of the school governing body.
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| 3.2.3 |
These appointments will be made departmentally, that is, without the observation by or input of employee unions or school governing bodies.
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| 3.2.4 |
It must be noted that the WCED will make these appointments with due observance of Article 6(3) (equal work opportunities) of the Employment of Educators Act
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| 4. |
EDUCATORS WHO QUALIFY FOR RE-APPOINTMENT
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| 4.1 |
While preference will be given to newly qualified educators, principals and school governing bodies must note that educators with a break in service will be considered in order of eligibility and seniority based on their total number of years' service.
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| 4.2 |
Only educators resident in the Western Cape Province will be eligible for appointment as contemplated in Section 6A. Furthermore, all appointments must be made with due regard to the employment equity policy.
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| 4.3 |
Educators with a break in service for appointment will be ranked according to the following in determining their eligibility for appointment:
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| 4.3.1 |
Unemployed and temporary educators and/or educators who did not have the opportunity to pursue an extensive career in education and whose services were not terminated by the employing department as a result of misconduct or abscondence during the previous two years
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| 4.3.2 |
Educators who did not resign during the two years prior to the date of appointment to the post
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| 4.3.3 |
Other temporary or unemployed educators, i.e. educators who were dismissed or who absconded or resigned during the previous two years.
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| 4.3.4 |
Unemployed educators who applied for and were granted the Mutually Agreed to Severance Package (MASP) of 2001 or the Severance Package of 2003.
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| 5. |
APPROVAL OF NOMINATIONS
The authority to approve nominations in terms of Section 6A is vested in the senior circuit managers attached to the various Education Management and Development Centres (EMDCs).
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| 6.1 |
Principals are requested to give a copy of this circular to the chairpersons of the school governing bodies to ensure that the latter are aware of this amendment.
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| 6.2 |
Please bring the contents of this circular to the attention of all educators in your institution, office or directorate, including those currently on leave, and request them to sign and date an acknowledgement of receipt of the document.
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SIGNED: J.H. HURTER
HEAD: EDUCATION
DATE: 2007:03:16
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