• Employment of Educators Act, 1998 (Act No. 76 of 1998)
  • Notice No. 1245 of 1998
  • Act
  • Chapter 1 : Interpretation and Application of Act
    • 1. Definitions
    • 2. Application of Act
    • 3. Employers of educators and other persons
  • Chapter 2 : Conditions of Service and Educator Establishments
    • 4. Salaries and other conditions of service of educators
    • 5. Educator establishments
  • Chapter 3 : Appointments, Promotions and Transfers
    • 6. Powers of employers
    • 6A. First appointment or appointment after break in service of educator
    • 6B. Conversion of temporary employment to permanent employment
    • 7. Appointments and filling of posts
    • 8. Transfer of educators
    • 9. Secondment of educators
  • Chapter 4 : Termination of Services
    • 10. Retirement
    • 11. Discharge of educators
    • 12. Discharge on account of ill-health
    • 13. Discharge of educators appointed on probation
    • 14. Certain educators deemed to be discharged
    • 15. Resignations
  • Chapter 5 : Incapacity and Misconduct
    • 16. Incapable educators
    • 17. Serious misconduct
    • 18. Misconduct
    • 19. Conducting business with State
    • 20. [Deleted] Suspension of educators
    • 21. [Deleted] Inquiry by disciplinary tribunal
    • 22. [Deleted] Procedure at inquiry
    • 23. [Deleted] Finding of disciplinary tribunal
    • 24. [Deleted] Steps after inquiry
    • 25. Appeals
    • 26. Furnishing South African Council for Educators with records
  • Chapter 6 : [Repealed] South African Council for Educators
    • 27. [Repealed] Establishment
    • 28. [Repealed] Functions and powers of South African Council for Educators
    • 29. [Repealed] Registration with South African Council for Educators
    • 30. [Repealed] Composition, administration and functioning of South African Council for Educators
    • 31. [Repealed] Funds of South African Council for Educators
    • 32. [Repealed] Annual report
  • Chapter 7 : General
    • 33. Performance of other work by educators
    • 34. Offences and Penalties
    • 35. Regulations
    • 36. Assignment of functions
    • 37. Repeal of Act promulgated under Proclamation 138 of 1994, and savings
    • [Repealed] 38. Transitional arrangements in respect of certain colleges
    • 38A. Transitional arrangements in respect of disciplinary proceedings
    • 39. Short title
  • Schedules
    • Schedule 1 
    • Schedule 2
      • Form A : Written Warning
      • Form B : Final Written Warning
      • Form C : Notice of Disciplinary Meeting
      • Form D : Summons to Appear at Disciplinary Hearing
      • Form E : Notice of Appeal 
• Regulations
  • Regulations regarding the Staffing of Rationalised Educational Institutions
    • Notice No. R. 1742 of 1995
    • 1. Interpretations
    • 2. Objectives
    • 3. Principles for dealing with serving Educators and the Staffing of the Rationalised Educational Institutions
    • 4. Process to be followed in the Rationalisation of Posts in each category of Educational Institutions
    • 5. Process to be followed in the Implementation of a revised Post Provisioning Scale at an Educational Institution which has the effect that Educators are in excess of the Establishment
    • 6. Measures and Procedures which shall apply in respect of Educators who are in excess of approved Establishment
  • Regulations regarding the Terms and Conditions of Employment of Education
    • Notice No. R. 1743 of 1995
    • Chapter 1 : Application of Regulations
      • 1. Definitions
    • Chapter 2 : General Conditions of Service and Salaries : Appointment, Promotion, Transfer and Termination of Service
      • Appointment, Promotion, Transfer and Termination of Service
        • 2. Qualifications for appointment and promotion of educators
        • 3. Appointment on probation
        • 4. Reappointment of Educators who have retired or who have been retired on pension prematurely
        • 5. [Repealed]
        • 6. Date on which salary commences and terminates
        • 7. Remuneration during school holiday
        • 8. Salary increments
        • 9. Salary incremental date
        • 10. Classification into qualification categories
        • 11. Experience
        • 12. Achievement recognition
        • 13. Wrongly granted remuneration
        • 14. Unauthorised remuneration
        • 15. [Repealed]
        • 16. Discharge of an educator on account of the abolition of his or her post or a reduction reorganisation or re-adjustment
      • Remunerative Payments Over and Above Salaries
        • 17. Differentiated allowances
        • 18. [Repealed]
        • 19. Allowance to educators who perform supervisory duties at hostels
        • 20. Compensation for examination-related work
        • 21. Exemption from payment for instruction by educational institutions
        • 22. Department-specific awards
        • 23. Official duty
        • 24. Attendance registers
        • 25. Official channels of communication
        • 26. Replying to questions
        • 27. Lawful Instructions
        • 28. Residential addresses and telephone numbers
        • 29. Full-time study courses
        • 30. Proof of marriage or change of marital status
        • 31. Reports on educators and adverse remarks
        • 32. Management bodies on which educators serve
        • 33. [Repealed]
    • Chapter 3 : Leave of Absence
      • 34. [Repealed]
      • 35. [Repealed]
      • 36. [Repealed]
      • 37. [Repealed]
      • 38. [Repealed]
      • 39. [Repealed]
      • 40. [Repealed]
      • 41. [Repealed]
      • 42. [Repealed]
      • 43. [Repealed]
      • 44. [Repealed]
      • 45. [Repealed]
      • 46. [Repealed]
      • 47. [Repealed]
      • 48. [Repealed]
      • 49. [Repealed]
      • 50. [Repealed]
      • 51. [Repealed]
      • 52. [Repealed]
      • 53. [Repealed]
      • 54. [Repealed]
      • 55. [Repealed]
      • 56. [Repealed]
      • 57. [Repealed]
      • 58. [Repealed]
      • 59. [Repealed]
      • 60. [Repealed]
      • 61. [Repealed]
      • 62. [Repealed]
      • 63. [Repealed]
    • Chapter 4 : Medical Assistance, State Housing, Subsistence Allowance, Official Journeys and Transport, House Owner Allowance, Service Bonus, Long Service Recognition and Resettlement Expenditure
      • 64. Employer contribution
      • 65. Medical assistance to educators who are stationed abroad or who are on official visits abroad
      • 66. Procedure for the submission, chanelling and processing of claims abroad
      • 67. Medical assistance to educators at retirement or termination of service
      • 68. State housing
      • 69. Other housing
      • 70. Accommodation expenditure
      • 71. Official journeys and transport
      • 72. Transport between residence and place of duty
      • 73. Home Owner Allowance Scheme: Application and limits of scheme
      • 74. Calculation of home owners allowance
      • 75. Recognised loan amount
      • 76. Employment of the proceeds from the sale of a previously subsidised dwelling
      • 77. Date with effect from which the home owners allowance is paid
      • 78. Home owners allowance payment period
      • 79. Recognition of further or increased registered mortgages
      • 80. Recognition of advances and reinstitution of existing registered mortgages
      • 81. Allowance payment during official duty away from headquarters
      • 82. Allowance payment on transfer to a foreign country or from one headquarter to another in the Republic
      • 83. Allowance payment on transfer to or appointment in education
      • 84. Effect of leave of absence on allowances
      • 85. Responsibility of participants in scheme
      • 86. Over and underpayments of allowances
      • 87. General measures concerning the payment of a home owner allowance
      • 88. Service bonus
      • 89. Long service recognition 
      • 90. Resettlement expenditure
      • 91. Repeal of regulations and savings
    • Annexure A
  • Regulations for the Creation of Educators Posts in a Provincial Department of Education and the Distribution of such Posts to the Educational Institutions of such a Department
    • Notice No. R. 1676 of 1998
    • 1. Determination of Educator Post Establishment of Provincial Department of Education by Member of Executive Council Concerned
    • 2. Determination of the educator post establishments of schools by a Head of a Provincial Department of Education
    • Annexure 1 : Post Distribution Model for the Allocation of Educator Posts to Schools
      • Principles on which the Model is Based
      • Factors that are being taken into account in determining the Post provisioning needs of Schools and Learners
      • Weighting Norms
      • Distribution Formula
      • Phasing in of the Model
      • Communication of New Post Establishments with Schools
      • Role of the National Department of Education (DOE)
      • Transitional Arrangement
  • The South African Council for Educators Regulations
    • Notice No. R. 1293 of 1999
    • 1. Definitions
    • 2. Composition of the South African Council for Educators
    • 3. Term of office of co-chairpersons and members
    • 4. Vacation of office by members
    • 5. Filling of vacancies
    • 6. Executive committee of the South African Council for Educators
    • 7. Committees of the South African Council for Educators
    • 8. Meetings of the South African Council for Educators and committees
    • Short title and commencement
• Notices
  • Terms and Conditions of Employment of Educators determined in terms of Section 4 of the Employment of Educators Act, 1998
    • Notice No. 331 of 2021
    • Prevention of re-employment of former Educators discharged or deemed discharged for misconduct or deemed resigned
      • 1. Scope of Plicability
      • 2. Definitions
      • 3. Purpose
      • 4. Period of prevention of the re-employment of former Employees discharged for misconduct or deemed discharged or deemed resigned
    • The Role of the prospective Employing Department for re-employment or former Educators discharged or deemed discharged for misconduct or deemed resigned
      • 5. Application for re-employment
      • 6. Table
  • Improvement in Conditions of Service: Annual Cost-of-Living Adjustment for Educators Employed in terms of the Act, with effect from 1 April 2021
    • Notice No. 1600 of 2021
    • Schedules
      • Schedule 1
      • Schedule 2
  • Improvement in Conditions of Service: Annual Cost-of-Living Adjustment for Educators Employed in terms of the Act, with effect from 1 April 2022
    • Notice No. 2952 of 2023
    • Schedules
      • Schedule 1
      • Schedule 2
      • Schedule 3
  • Improvement in Conditions of Service : Annual Cost-of-Living Adjustment for Educators Employed in terms of the Act, with effect from 1 April 2023
    • Notice No. 4995 of 2024
    • Schedules
      • Schedule 1
      • Schedule 2