FEDSAS, SAOU ask High Court to set aside unlawful regulations

The Department of Basic Education's regulations regarding additional remuneration for teachers are unlawful. This is the view of the Federation of Governing Bodies of South African Schools (FEDSAS) and the South African Teachers' Union (SAOU). Earlier this week, an application by these two organisations to set aside these regulations was issued in the Cape High Court after repeated efforts to persuade the Minister of Basic Education to recall the regulations have failed.

The regulations were initially announced in 2009. Following commentary by role-players in the education sector, amongst them FEDSAS and the SAOU, no further discussions regarding this matter took place for a period of about two years. At the end of last year, during the school holidays, the original regulations without any changes were announced again. 

"FEDSAS and the SAOU took the matter to court in order to protect the quality of education that our members offer. Our biggest problem with the regulations is that it amends the provisions of the Schools' Act, which is not allowed. Regulations can only determine processes.

It also sends out an extremely negative message to schools, parents and teachers who struggle to keep head above water in difficult circumstances in an increasingly dysfunctional education system," said Mr Paul Colditz, CEO of FEDSAS, and Mr Chris Klopper, CEO of the SAOU.

The regulations relate to Section 38A of the Schools' Act. It deals with additional remuneration for work done by teachers for which they have not been paid by the state. "These are not bonuses. It's remuneration for work that teachers have to do to assist school governing bodies in managing schools successfully in order to ensure quality education. In South Africa we have a huge shortage of committed and properly qualified teachers who are prepared to walk the extra mile for children in public schools. If we have to lose them as well because there is no tangible reward for their hard work the entire system will collapse," Colditz and Klopper said.

FEDSAS and the SAOU are of the opinion that Minister Angie Motshekga is throwing out the baby with the bathwater. "If the Department is of the opinion that there are schools who are abusing this system - the Schools' Act already provides for a process to address such an issue. Additional regulations are not necessary."

The two organisations want to make it clear that they are in favour of Section 38A, which prohibits additional remuneration of staff in service of the state without permission from their employer, because it prescribes a responsible and accountable process to school governing bodies. "Why fiddle with an existing, effective process? It is not in the best interests of our children and it raises serious questions regarding the Department's motive."

FEDSAS and the SAOU have both advised their members to act in accordance with Section 38A and not in accordance with the regulations.

Court papers are served on the Minister and the Director-General of Education, as well as all the MECs and provincial heads of education.

Statement issued by Mr Paul Colditz, CEO: FEDSAS, and Mr Chris Klopper, CEO: SAOU, July 1 2012

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