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Employment of Educators Act, 1998 (Act No. 76 of 1998)

Chapter 1 : Interpretation and Application of Act

1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"adult basic education centre"

means any centre which is under the control of any provincial department of basic education and in which basic education programmes are presented to persons of or over the age of 16 years;

 

"departmental office"

means any office or institution controlled or administered by the Department of Basic Education or any provincial Department of Education, but does not include any public school;

[Definition substituted by section 15(a) of Act No. 15 of 2011]

 

"Department of Basic Education"

means the department established in terms of section 7(2) read with Schedule 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994), responsible for basic education at national level;

[Definition substituted by section 15(b) of Act No. 15 of 2011]

 

"Director-General"

means the Director-General: Basic Education;

[Definition substituted by section 15(c) of Act No. 15 of 2011]

 

"educator"

means any person who teaches, educates or trains other persons or who provides professional educational services, including professional therapy and education psychological services, at any public school,  departmental office or adult basic education centre and who is appointed in a post on any educator establishment under this Act;

[Definition substituted by section 58(3) of Act No. 16 of 2006]

 

"employer"

in relation to any provision of Chapter 4, 5 or 7 which applies to, or is connected with—

(a) an educator in the service of the Department of Basic Education, means the Director-General;

[Paragraph (a) substituted by section 15(d) of Act No. 15 of 2011]

(b) an educator in the service of a provincial Department of Basic Education, means the Head of Department;

 

"further education and training institution"

[Definition deleted by section 58(3) of Act No. 16 of 2006]

 

"Head of Department"

in relation to a provincial Department of Basic Education, means the head of the provincial Department of Basic Education;

 

"Labour Relations Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

 

"Member of the Executive Council"

means the member of the Executive Council of a province responsible for the education portfolio of that province;

 

"Minister"

means the Minister of Basic Education;

[Definition substituted by section 15(e) of Act No. 15 of 2011]

 

"prescribed"

means prescribed by regulation;

 

"provincial Department of Basic Education"

means a department responsible for education in a province and includes all public schools, further education and training institutions, departmental offices and basic adult education centres in such province;

 

"public school"

means a public school as defined in section 1 of the South African Schools Act, 1996 (Act No. 84 of 1996);

 

"regulation"

means a regulation made under section 35;

 

"this Act"

includes a regulation and the Schedules too this Act;

[Definition substituted by section 6(b) of Act No. 53 of 2000]

 

"trade union"

means any trade union which is a member of the Education Labour Relations Council.