| (1) |
Unless otherwise provided in this Act — |
| (a) |
every member must place the whole of his or her time at the disposal of the State; |
| (b) |
no member must perform or engage himself or herself to perform any remunerative work outside his or her employment; and |
| (c) |
no member may claim as of right additional remuneration in respect of any official duty or work which he or she is required by a competent authority to perform. |
| (2) |
Notwithstanding subsection (1), the Minister may grant permission to a member to perform or engage himself or herself to perform remunerative work outside his or her employment. |
(3)
| (a) |
Where a member receives any remuneration, allowance or other reward in connection with the performance of his or her work, otherwise than in accordance with this Act or in contravention of subsection (1)(b), such member must pay to the Agency an amount equal to the amount of such remuneration, allowance or reward or, where it does not consist of money, the value thereof as determined by the Director-General, and if he or she does not do so, the Director-General may recover it from him or her by way of legal proceedings: Provided that— |
| (i) |
the member has a right of appeal to the Minister against the determination by the Director-General of the value of the remuneration, allowance or reward; |
| (ii) |
the Minister may approve the retaining by a member of the whole or a portion of that remuneration, allowance or reward. |
| (b) |
Where a member has received any remuneration, allowance or other reward as contemplated in paragraph (a) which is still in his or her possession or under his or her control or in the possession or under the control of some other person on his or her behalf or, if it is money, has been deposited in any bank or other financial institution in his or her name or in the name of some other person on his or her behalf, the Director-General may in writing require such member or such other person or such bank or financial institution not to dispose thereof, or, if it is money, to retain a corresponding sum of money, as the case may be, pending the outcome 'of any legal proceedings for the recovery of such remuneration, allowance or reward or the value thereof. |
[Subsection (3) substituted by section 35 of Act No. 11 of 2013]
| (4) |
Any salary, allowance, fee, bonus or honorarium which may be payable in respect of the service of a member seconded to any other government or any other authority or to any board, entity, establishment, institution or body shall be paid to the Agency: Provided that in special circumstances the Minister may approve the payment to such member of an amount equal to the said salary, allowance, fee, bonus or honorarium, or a portion thereof. |
South African Council for Educators Act, 2000
