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South African Council for Educators Act, 2000 (Act No. 31 of 2000)

Chapter 2 : Continuation, Powers and Duties, Composition and Governance of Council

5. Powers and duties of council

 

Subject to this Act and the National Education Policy Act, 1996 (Act No. 27 of 1996), the council

(a) with regard to the registration of educators—
(i) must determine minimum criteria and procedures for registration or provisional registration;
(ii) must consider and decide on any application for registration or provisional registration;
(iii) must keep a register of the names of all persons who are registered or provisionally registered;
(iv) must manage a system for the promotion of the continuing professional development of all educators; and
(v) may prescribe the period of validity of the registration or provisional registration;
(b) with regard to the promotion and development of the education and training profession—
(i) must promote, develop and maintain a professional image;
(ii) must advise the Minister on matters relating to the education and training of educators, including but not limited to—
(aa) the minimum requirements for entry to all the levels of the profession;
(bb) the standards of programmes of pre-service and in-service educator education;
(cc) the requirements for promotion within the education system;
(dd) educator professionalism;
(iii) must research and develop a professional development policy;
(iv) must manage a system for the promotion of the continuing professional development of all educators;
(v) may develop resource materials to initiate and run, in consultation with an employer, training programmed, workshops, seminars and short courses that are designed to enhance the profession;
(vi) may compile, print and distribute a professional journal and other publications;
(vii) may establish a professional assistance facility for educators;
(c) with regard to professional ethics—
(i) must compile, maintain and from time to time review a code of professional ethics for educators who are registered or provisionally registered with the council;
(ii) must determine a fair hearing procedure;
(iii) subject to subparagraph (ii), may—
(aa) caution or reprimand;
(bb) impose a fine not exceeding one month’s salary on; or
(cc) remove from the register for a specified period or indefinitely, or subject to specific conditions, the name of an educator found guilty of a breach of the code of professional ethics; and
(iv) may suspend a sanction imposed under subparagraph (iii)(bb) or (cc) for a period and on conditions determined by the council;
(d) with regard to fees—
(i) must, in consultation with the Minister, determine fees payable to the council by registered educators and educators applying for registration;
(ii) may require from the relevant employers to deduct fees from the salaries of educators and to pay it over to the council;
(iii) may, after a fair hearing—
(aa) caution or reprimand; or
(bb) remove from the register for a specified period or indefinitely, or subject to specific conditions, the name of an educator found guilty of failing to pay the fees determined by the council; and
(iv) may suspend a sanction imposed under subparagraph (iii)(bb) for a period and on conditions determined by the council; and
(e) in general—
(i) must advise the Minister on any educational aspect which the Minister may request it to advise on;
(ii) may appoint staff and determine their conditions of service;
(iii) may establish committees and assign duties to them;
(iv) must perform any duty which is necessary for the proper functioning of the council; and
(v) may advise the Minister on any relevant educational aspect.