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

Regulations

Regulations regarding the Terms and Conditions of Employment of Education

Chapter 4 : Medical Assistance, State Housing, Subsistence Allowance, Official Journeys and Transport, House Owner Allowance, Service Bonus, Long Service Recognition and Resettlement Expenditure

68. State housing

 

(1) The provisions of this regulation shall not be applicable to an educator residing in a hostel attached to a state educational institution.

 

(2) An employer may make state housing available to an educator when it is to be utilised as an instrument in the execution of his or her duties and because the work specifications of a specific post require that the incumbent thereof be available on the terrain where such duties are performed, within and outside his or her official hours of duty and educators occupying such posts shall be obliged to occupy the housing.

 

(3)
(a) Rent in respect of standard married housing is levied at 4% of the annual basic pensionable salary of the educator with a maximum as determined by the Minister.
(b) Rent in respect of standard single housing is levied at 1% of the annual basic pensionable salary of the educator.
(c) Rent in respect of non-standard and voetstoots housing shall be 75% of that of standard housing referred to in paragraph (a) or (b), as the case may be.

 

(4) An educator who occupies state housing is liable for any levy, tax on services or other charge in respect of water, electricity, sanitation services, refuse removal, etc. which is payable to the local authority concerned or other institution: Provided that if it is not paid directly by the educator, payment must be made to the employer at the compensating tariffs as determined by the providing department with the approval of the Department of State Expenditure.

 

(5)
(a) The providing department is responsible for the maintenance of state housing, as well as of the permanent fixtures and the grounds (gardens excluded) that form part thereof.
(b) The employer who rents housing with the view to making it available as state housing, is responsible for the maintenance, etc. of such housing.
(c) The educator is liable and responsible for—
(i) keeping the buildings and grounds clean and neat;
(ii) maintaining the garden;
(iii) all keys received by him or her;
(iv) the replacement of consumable articles such as fluorescent lights, light bulbs, etc; and
(v) repairing of damage to the housing caused through his or her own fault.

 

(6) Should an educator to whom state housing is made available for occupation, be obliged to vacate such housing temporarily in order that it may be occupied by a substitute or to allow for essential repairs or renovations—
(a) he or she is exempted from all obligations imposed upon him or her by, this regulation, until he or she again occupies such housing; and
(b) the measures determined by the Minister apply mutatis mutandis to him or her, should he or she at the same time be obliged to remove his or her personal possessions from the relevant housing.

 

(7) An educator is not exempted from his or her obligations in terms of this regulation during periods of leave or the performance of official duty away from his or her normal place of work.

 

(8) Should an educator -
(i) die; or
(ii) be discharged in terms of section 8(1)(b) or (c) of the Educators' Employment Act, 1994,

the educator and/or his or her household may, whichever is applicable, subject to this regulation, be permitted to stay in state housing for a period not exceeding three months following the month of his or her death or discharge.

 

(9) Only the educator and his or her household are allowed to occupy state housing and sub-letting may not take place, unless prior approval has been granted by the providing department or employer on conditions determined by the latter.

 

(10) The employing department may supply furniture for state housing, in which case the educator shall pay the tariffs determined by the employing department with the approval of the Department of State Expenditure.

 

(11) A department, the State or any person in the employment of a department or the State is not responsible for any loss of or damage to the personal possessions of an educator in state housing.