1. The procedure for the appointment of a substitute educator in an additional post during the absence of an educator due to sick, maternity or special leave was communicated in Circulars 0006/1997, 0024/1997, 0052/1997, 0082/1997 and 0003/2011. This communication minute supplements and reinforces the provisions of these circulars.

2. Chapter 3, paragraph 7(2)(b) of the Employment of Educators Act, 1998 (Act 76 of 1998), as amended, stipulates that an executing authority may, within the relevant budget, employ educators in a temporary capacity for a fixed period, whether in a full-time, in a part-time or in a shared capacity.

3. In recent years, it has been the policy of the Western Cape Education Department (WCED) to appoint substitute educators on a fixed-term contract during the absence (for 10 days or more) of a serving educator.

Although this constitutes a double payment for the same task, a substitute educator is appointed so that learners will not be adversely affected by the absence of the serving educator.

4. Given the current budgetary challenges of the WCED, the Head of Education has approved the following measures:

  1. Applications for additional educators to be appointed as substitutes during the absence of educators will be considered only where the duties cannot be performed by other staff.
  2. Substitutes will be considered only for absences of 15 working days or more as a result of sick, maternity, unpaid or special leave.
  3. A motivation by the Circuit Manager (CM) and the District Director must accompany any application not mentioned in point (b) above.
  4. The CM and the District Director must first endeavour to:
    1. investigate whether the workload could be shared by existing staff;
    2. recruit an excess educator from available excess lists;
    3. fund the extra expenditure from savings within the district.
  5. In cases where the educator is booked off sick for prolonged periods, the principal and the CM must refer the issue to the Independent Counselling and Advisory Services (ICAS) and initiate the Incapacity due to Ill Health process.
  6. No substitute may be appointed without prior approval from the delegated authority (Director: Recruitment and Selection).
  7. No requests for new substitutes will be approved if they are appointed with effect from 21 November 2016 in respect of the last term of the school calendar.
5. The head of the institution, in conjunction with the governing body, must submit the following documentation to the CM:

  1. The permanent employee’s application for leave;
  2. A copy of the medical certificate;
  3. Motivation in respect of exceptional circumstances for the granting of a substitute;
  4. The application form (DPA 01) for the purposes of appointing a substitute (copy attached); and
  5. All relevant documents required for the appointment of the nominee.
6. The application must be verified and recommended by the CM (as set out in the application document DPA 01).

7. The full application must be submitted to the Director: Recruitment and Selection for approval.

8. All substitute appointments are subject to the approval of the Director: Recruitment and Selection. Every effort must be made to obtain approval before the commencement of a substitute appointment.

9. The institution will be held liable for any substitute appointments made prior to the approval of the Director: Recruitment and Selection.

10. Please bring the contents of this minute to the attention of all role-players.


SIGNED: BK SCHREUDER
ACTING HEAD: EDUCATION
DATE: 2016:10:08

Employment of Educators Act, 1998 (Act 76 of 1998)  (size: 160 KB)
Nomination for appointment as an educator in a substitute post  (size: 122 KB)