Question 2189
Dr J C Kloppers-Lourens (DA) to ask the Minister of Basic Education:
Whether her department has (a) formulated and (b) implemented rules and regulations to regulate circumstances in which educators may (i) attend (aa) meetings and (bb) training and workshops/sessions and (ii) participate in (aa) demonstrations, (bb) marches and (cc) protests during school hours; if not, why not, in each case; if so, what are the relevant details, in each case?
Reply:
a) The department has, in terms of section 4 of the Employment of Educators Act 1998, determined the terms and conditions of employment of educators as set out in the Personnel Administrative
Measures (PAM) document.
b) (i), (aa), (bb) - The PAM document regulates circumstances in which educators may be given timeoff to attend meetings, training and agreed to activities. Chapter G, section 2.1(a) of the PAM document requires that a reasonable period of notice be given to the responsible person designated by the employer before time-off can be granted. Chapter G, section 2.1(c) of the PAM document further clarifies that when requesting time-off for workplace and other such like meetings, every effort should be made to hold them before or after official school hours, or during lunch breaks.
(ii) (aa), (bb) & (cc) - Participation of educators in demonstrations, marches and protests is regulated under section 69(1) of the Labour Relations Act, 66 of 1995. This section stipulates that a registered trade union may authorise a picket by its members and supporters for the purposes of peacefully demonstrating in support of any protected strike or in opposition to any lock-out. Section 77 (1)(a) of the Labour Relations Act, 66 of 1995 further stipulates that every employee who is not engaged in an essential service or a maintenance service has the right to take part in protest action provided the protest action has been called by a registered trade union or federation of trade unions.
Source: Department of Education
