Recent media reports have erroneously suggested that the promulgation of the “Regulations to the prohibition of the payment of unauthorised remuneration, or the giving of financial benefit or benefit in kind to certain state employees” is an attempt by the Department of Basic Education (DBE) to curtail the powers of School Governing Bodies (SGBs). The Department of Basic Education would like to correct these reports by restating the facts.
All state employees who do additional work for remuneration must obtain permission from their employer for this purpose. This has been the case since the passing of the South African Schools Act in 1996. Section 38A of the Act prohibits the payment of unauthorised remuneration or giving of financial benefit or benefit in kind to state employees.
School Governing Bodies may only pay state employees employed in terms of the Educators Employment Act (76 of 1998) or the Public Service Act, 1994 (Proclamation 103 of 1994) if permission is granted by the employer. The Head of a Provincial Education Department (HoD) is the employer of educators in the province. SGBs are not the employer, neither do they determine the conditions of service of teachers. In terms of current legislation only the Minister of Basic Education has that power.
The regulations published on 15 December 2011 are a schedule to Section 38A of the South African Schools Act and seek to clarify the procedures to be followed by any SGB who wishes to apply for permission for state employees to perform additional work for remuneration.
Any application to the employer (HoD) has to contain the following:
- The nature and extent of additional work to be done
- An identified post in which the employee will be utilised for such additional work
- A post description and job content
- The number of hours to be worked and the duration of the additional work
- An indication of the extent of compliance with Subsection 20 (4) to (9)
- A clear indication of how the proposed payment for additional work is provided for in the school budget and
- Reasons why the employee and not another person must be appointed to the post contemplated in (2).
Also, the regulations do not constitute any new policy initiative. The Regulations only clarify what has been determined in the South African Schools Act in 1998. The Regulations do not seek to ban additional work for remuneration, but aims to ensure that permission is granted in a transparent and fair manner to any employee who performs additional work for remuneration.
These Regulations aim to address issues of transparency and accountability in the schooling system. SGBs often offer the following as additional remuneration or incentives:
- Exclusive private usage or ownership of a vehicle
- Free accommodation
- Free phone, including cell phone
- Free holidays
- Groceries to benefit the employee
- Credit card linked to an employee for his/her personal use;
- Petrol card linked to an employee for his/her personal use and not related to the schools’ activities.
These are paid from school fees which parents have to pay. Sometimes additional remuneration is paid for services already paid for by the state. Such additional monies paid from schools’ coffers place huge upward pressure on school fees, a burden often transferred to parents.
These regulations will strengthen accountability in the schooling sector by requiring the school to apply to the employer of state employees for permission to pay them additional monies and also to indicate the extent to which this money will come from school fees, fundraising money or donations to the school. This is to ensure that SGBs and principals are held accountable for the utilization of school fees collected from parents and other funding raised in the name of the school.
Enquiries:
Panyaza Lesufi
Cell: 072 148 9575
Hope Mokgatlhe
Cell: 071 680 6849
