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Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006)

Chapter 4 : Appointment of Management Staff, Lecturers and Support Staff in Public Colleges

20. Appointment of lecturers and support staff

 

(1) The college is the employer of all lecturers and support staff.

 

(2) Subject to this Act, the Labour Relations Act, the Basic Conditions of Employment Act, the Employment Equity Act and any other applicable law, the council must establish posts for lecturers and support staff.

 

(3) The council must appoint and remunerate staff from the funds allocated in accordance with the norms and standards contemplated in section 23 and other income received by the college from other sources.

 

(4) Despite anything to the contrary in any other law but subject to this section, the Labour Relations Act or any other collective agreement concluded by a bargaining council that has jurisdiction in respect of employees of a public college, the council must determine the functions, conditions of service and privileges of lecturers and support staff.

 

(5) The lecturers and support staff are accountable to the principal.

 

(6) When presenting the annual budget contemplated in section 22 the council must provide sufficient details of any posts envisaged in terms of subsection (2), including the estimated cost relating to the employment of lecturers and support staff in such posts and the manner in which it is proposed that such costs will be met.

 

(7) The lecturers and support staff contemplated in subsection (1) must be employed in compliance with the basic values and principles referred to in section 195 of the Constitution of the Republic of South Africa, 1996, and factors to be taken into account when making appointments include, but are not limited to—
(a) the ability of the candidates;
(b) the principle of equity;
(c) the need to redress past injustices; and
(d) the need for representivity.

 

(8) The council must adopt a Disciplinary Code for lecturers and support staff in accordance with the college statute.