[Section 17 heading substituted by section 9 of Act No. 53 of 2000]
| (1) |
An educator must be dismissed if he or she is found guilty of— |
| (a) |
theft, bribery, fraud or an act of corruption in regard to examinations or promotional reports; |
| (b) |
committing an act of sexual assault on a learner, student or other employee; |
| (c) |
having a sexual relationship with a learner of the school where he or she is employed; |
| (d) |
seriously assaulting, with the intention to cause grievous bodily harm to a learner, student or other employee; |
| (e) |
illegal possession of an intoxicating, illegal or stupefying substance; |
| (f) |
causing a learner or a student to perform any of the acts contemplated in paragraphs (a) to (e); or |
| (g) |
committing any other act which, in any other law that applies to the educator in so far as his or her employment is concerned, is classified as serious misconduct. |
[Section 17(1)(g) inserted by section 47(c) of the Basic Education Laws Amendment Act, 2024 (Act No. 32 of 2024), Notice No 5212, GG51258, dated 16 September 2024 – effective 24 December 2024 per Proclamation Notice 237 of 2024]
| (2) |
If it is alleged that an educator committed a serious misconduct contemplated in subsection (1), the employer must institute disciplinary proceedings in accordance with the disciplinary code and procedures provided for in Schedule 2. |
[Section 17 substituted by section 10 of Act No. 53 of 2000]
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