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

Regulations

Regulations regarding the Staffing of Rationalised Educational Institutions

1. Interpretations

 

For the purpose of these regulations, unless the context otherwise indicates—

 

"category of institution"

means any one of the existing categories of educational institutions which include pre-primary schools, primary ordinary schools, secondary ordinary schools, schools for specialised education, technical colleges, colleges of education or any other category of educational institution;

 

"educational institution"

means a school, college of education, technical college or any other institution where any person teaches, educates or trains other persons (excluding an office controlling such school, college or other institution), other than a university or technikon, which is wholly or partly funded by the State;

 

"educator"

means an educator as defined in the Educators' Employment Act, 1994, who is appointed on or additional to the establishment of an educational institution and who should be absorbed in a provincial education department as a result of the rationalisation of an education department in terms of section 237 of the Constitution of the RSA;

 

"MEC"

means a Member of an Executive Council responsible for education;

 

"Minister"

means the Minister of Education;

 

"post provisioning scale"

means the negotiated, standardised guideline for the provisioning of posts (within the framework of an agreed upon learner educator ratio) in a specific category of institution;

 

"leaner: educator ratio"

means , for a specific category of institution, the total number of pupils or students at all these institutions within a provincial education department, divided by the total number of full time equivalent educators employed in educator posts at these institutions. These educators include educators employed in management positions at these institutions, such as principals and deputy principals, but exclude educators employed outside institutions at head and other offices.