Question No. 70
Dr J C Kloppers-Lourens (Democratic Alliance) to ask the Minister of Basic Education:
(1) Whether education will be declared an essential service; if not, why not; if so, what are the relevant details and;
(2) Whether she will make a statement on the matter?
Reply:
1. Under labour law, essential services are those that society cannot do without, even momentarily, because of the potential loss to life or limb.
Those truly essential services such as health, fire and police services are expected by law to be available 24 hours of the day, seven hours of the week and 365 days of the year.
Clearly public schools that operate from Monday to Friday, and a total of 200 out of 350 days a year, are not in the same category as hospitals, fire halls and police stations. The disruption of schooling due to labour disputes is inconvenient but not a matter of life or death. Imposing essential service legislation and eliminating teachers’ right to strike is a significant step in the wrong direction as it would take away the fundamental right to strike.
The right to strike must however be balanced against the right to education, something my Department is engaging all stakeholders around.
Strong action, including dismissal, will be taken against educators who engage in wild cat strikes and cause disruption in schools. My department will also gazette a strike management policy in due course.
It is however important that educators realise their responsibility as being “in loco parentis” and that they be trusted to act responsibly when deciding whether to take industrial action or not.
2. No statement other than above answer.
Issued by: Department of Basic Education
2 March 2010
Source: Department of Education (http://www.education.gov.za/)
