1. Section 6B of the Employment of Educators Act (EEA), 1998 (Act 76 of 1998) provides for the conversion of the appointment status of educators from temporary/contract to permanent.

A temporary educator is an educator who is currently appointed to an approved substantive vacant Post Level 1 post in a temporary capacity for a closed period. This definition does not apply to educators appointed to vacant substantive promotion posts in an acting capacity, or to substitutes for permanently employed educators who are absent from duty, for whatever reason.

Educators who have already had the opportunity of an extensive career in education, for example those who have retired (in any category), been discharged because of ill-health or taken a severance package of whatever nature are excluded from the measures contained in this circular.

Educators who resigned from the education profession (national or provincial) may only be considered for the conversion of their appointment status from temporary/contract to permanent after a period of twelve months after resignation. Please refer to paragraph 3.3 hereunder.

Posts which were advertised in a vacancy list during 2014 and 2015 and not yet filled may also be considered for permanent filling in terms of the measures contained in this circular.

2. The conversion of a temporary appointment to a permanent appointment is at the discretion of the Head of Education.

3. In consultation with the educator unions represented on the Provincial Education Labour Relations Council, the Western Cape Education Department (WCED) adopted the following criteria for the conversion of the appointment status of educators from temporary to permanent in terms of Section 6B of the EEA, 1998:
3.1 The permanent appointment must be made to a vacant substantive Post Level 1 post and the post must reflect in the approved educator staff establishment of the school.
3.2 The educator concerned must, at the time of applying for conversion, have been employed in a temporary capacity for a continuous period of at least one year.
3.3 The educator must satisfy the following criteria in order to be considered for the conversion of his/her temporary/contract status to permanent:

  • be professionally qualified for the education profession;
  • meet the inherent requirements of the post in which his or her conversion of appointment will be made;
  • be registered with the South African Council of Educators (SACE); and
  • educators who resigned from the education profession (national or provincial) may only be considered for the conversion of their appointment status from temporary/contract to permanent after a period of twelve months after resignation.
4. Temporary/contract educators who wish to apply for the conversion of their temporary employment to permanent employment in terms of Section 6B of the EEA, 1998 must submit a completed DPE1 form (Application for appointment form) and a letter of motivation, via the governing body, to the WCED. Applications must be sent to the following address:

Directorate: Recruitment and Selection
Western Cape Education Department
Private Bag X9183
Cape Town
8000


5. Applications for the conversion of temporary appointments to permanent appointments will only be considered if accompanied by confirmation from the governing body and principal that:
5.1 there are no excess educators available; and
5.2 a newly qualified educator could not be sourced or recruited.

6. In the event that the governing body does not support the conversion of the educator’s appointment status from temporary/contract to permanent, the governing body must submit a written and valid motivation as to why the conversion is not supported.

7. Serving substitute educators may also be considered for permanent appointment, in terms of the measures set out in this circular, if the post becomes vacant whilst substituting in the post and the educator complies with the requirements. Governing bodies and principals are to ensure that the exclusions mentioned in paragraph 1 are applied.

8. The WCED has taken the manner in which Section 6B of the EEA, 1998 has been applied up until now, under review and confirms that the conversion process in terms of Section 6B of the EEA, 1998 as stipulated, allows for conversions throughout.

9. The measures contained in this circular are not affected by the measures contained in paragraph 7 of Circular 0042/2015 dated 20 August 2015, i.e. the measures contained in this circular take preference over the measures of Circular 0042/2015 dated 20 August 2015 in as far as the conversion in the nature of appointment of educators from contract/temporary to permanent is concerned.

10. Principals are requested to ensure that this circular is brought to the attention of their governing bodies and all educators on their staff, especially those appointed in a temporary and/or substitute capacity.

11. This circular is applicable to ordinary public schools and special public schools.


SIGNED: PA VINJEVOLD
HEAD: EDUCATION
DATE: 2015:10:08

Employment of Educators Act (EEA), 1998 (Act 76 of 1998)  (size: 160 KB)
Verification Certificate  (size: 63 KB)