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

Chapter 3 : Appointments, Promotions and Transfers

7. Appointments and filling of posts

 

(1) In the making of any appointment, in any promotion, and in the filling of any post on any educator establishment under this Act, due regard shall be had to equality, equity and the other democratic values and principles which are contemplated in section 195(1) of the Constitution of the Republic of South Africa,  1996, and which include the following factors—

[Words preceding Section 7(1)(a) substituted by section 43(a) 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]

(a) the ability of the candidate; and
(b) the need to redress the imbalances of the past in order to achieve broad representation.

 

(2) A person may be appointed under this Chapter—
(a) in a permanent capacity or in a promotion post, whether on probation or not;
(b) in a temporary capacity for a fixed period, whether in a full-time, in a part-time or in a shared capacity; or
(c) on special contract for a fixed period or for a particular assignment, whether in a full-time or in a part-time capacity.

[Section 7(2)(a) substituted by section 43(b) 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]