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Employment of Educators Act, 1998 (Act No. 76 of 1998)

Chapter 2 : Conditions of Service and Educator Establishments

5. Educator establishments

 

(1) Notwithstanding anything to the contrary contained in any law but subject to the norms prescribed for the provisioning of posts—
(a) the educator establishment of the Department of Basic Education shall consist of the posts created by the Minister; and
(b) the educator establishment of a provincial Department of Basic Education shall consist of the posts created by the Member of the Executive Council.

 

(2) The educator establishment of any public school or departmental office under the control of a provincial Department of Basic Education shall, subject to the norms prescribed for the provisioning of posts, consist of the posts allocated to the said school or office by the Head of Department from the educator establishment of that department.

[Section 5(2) substituted by section 42 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]

 

(3) For the purposes of this Act
(a) the power to create a post under this section shall include the power to grade, to regrade, to designate, to re-designate, to convert or to abolish the post; and
(b) the power to allocate a post under this section shall include the power to reallocate the post.