South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)

Regulations

Regulations for the Staff of the Human Rights Commission, 1996

Schedules

Schedule A : Forms

Form 4 : Agreement: Part-Time Study

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FORM 4

AGREEMENT: PART-TIME STUDY

[Regulation 17(2)]

(a)	Whereas I, the undersigned ..............................................................................

.........................................................................................................(full name)

(hereinafter called "bursar"), born on .........................................19...................

a member of staff of the Human Rights Commission (hereinafter called "the Commission"), am desirous of taking on a part-time basis .................................

..........................................................................................................................

........................................................................................... (name of the course)

with major subjects ...........................................................................................

and minor subjects ............................................................................................

(hereinafter called "the Course"), which extends over a prescribed minimum period/prescribed minimum remaining period of ............ year(s);

(b)	and whereas I must for the aforementioned purpose attend classes and/or undertake study/ research, as the case may be, at an approved training institution as stipulated by the chief executive officer of the Commission from time to time;

(c)	and whereas the Commission will annually grant me a bursary, as determined by the chief executive officer, for the prescribed minimum duration/prescribed minimum remaining duration of the Course.

2.	Therefore I undertake—

(a)

to commence the Course with effect from the.......................................... academic year, to take the Course part-time while I am in the service of the Commission and to complete the Course successfully within the aforementioned period or within such extended period as may be approved in terms of clause 3(a)(ii);

(b)	to furnish the chief executive officer with satisfactory proof of enrolment for the Course at the commencement of each year of study;

(c)	to furnish the chief executive officer with official proof of my examination results immediately after the results of any annual examinations/supplementary examinations have been made known by the examining authority;

(d)

after I have complied with all the requirements of the Course, immediately to continue to serve the Commission in any capacity for which the chief executive officer may consider me suitable, for a continuous period of one year for each individual year of study or part thereof in respect of which bursary money were paid to me and/or on my behalf (hereinafter called "the contract period") in the post/rank to which I was appointed or to which I may be transferred/promoted: Provided that-

(i)

subject to the provisions of clause 4(a) and (f), a service obligation in respect of a previous year of study which was completed successfully, in other words, a year of study in respect of which I have no subjects outstanding which will cause me to exceed the prescribed minimum duration/prescribed minimum remaining duration of the Course, as the case may be, may be fulfilled by means of full-time uninterrupted service in any subsequent year: Provided further that where a thesis or dissertation has been laid down as the chief requirement for the Course, a year of study will be regarded as having been completed successfully if I submit to the chief executive officer written proof which indicates to his or her satisfaction that I have progressed satisfactorily during the year of study concerned: Provided further that if I fail to fullfil the service obligation during such subsequent year, the service obligation may be reduced pro rata on the basis of each completed calendar month's full-time uninterrupted service in the said subsequent year; and

(ii)	after/if I have completed at least five years' full-time uninterrupted service, no service shall be required of me in terms of this undertaking with effect from 1 January of the year subsequent to the year in which I completed the five-year period of service; and

(e)

to repay immediately the following money in a lump sum to the Commission if I fail to comply with the provisions contained in clause 2(a) or (d), or if at any time I renounce the bursary, or if the chief executive officer withdraws my bursary in terms of clause 3(b), or if I leave, or am discharged from the service of the Commission before successfully completing the Course or before expiry of the contract period:

(i)	The total amount of bursary money paid to me and/or on my behalf in terms of this undertaking—

(aa)	where clause 2(d)(ii) is not applicable, in respect of which I have not yet redeemed the service obligation, as determined by clause 2(d); or

(bb)

where clause 2(d)(ii) is applicable, in respect of which I have not completed a year/years of study successfully, in other words, where I have not passed a sufficient number of subjects, which will result in my having to exceed the prescribed minimum duration/minimum remaining duration of the Course, as the case may be: Provided that where a thesis or dissertation has been laid down as the main requirement for the Course a year/years of study is/are regarded as being unsuccessful if the chief executive officer is, on the basis of written proof submitted to him or her, of the opinion that I have not progressed satisfactorily with such thesis or dissertation during the year/years of study concerned.

(ii)

Interest on the amount in clause 2(e)(i) at the prevailing rate of interest applicable from time to time to debts due to the State, as determined in terms of section 26 (6) of the Exchequer Act, 1975 (Act No. 66 of 1975), calculated from the date on which the obligation to pay arose in terms of clause 2(e)(i) to date of payment.

3.	I understand and accept that—

(a)

the chief executive officer may at any time suspend the payment of my bursary money if the chief executive officer is, in his or her sole discretion, of the opinion that I am not making satisfactory progress with the Course. If the chief executive officer so suspends the payment of my bursary money—

(i)

I shall be obliged to repeat and complete successfully at my own expense and in my own time any subjects which I have outstanding. If I do not immediately continue my studies, except where the chief executive officer has granted me postponement in writing, I shall be deemed to have abandoned the Course in which event clause 2(e)(i) and (ii) shall apply;

(ii)	I shall be permitted to exceed the prescribed minimum duration/minimum remaining duration of the Course by a period as determined by the chief executive officer;

(iii)

I shall continue to be subject to the provisions of this undertaking during such period of suspension; and

(iv)	the chief executive officer may at any time thereafter continue the payment of my bursary money if the chief executive officer is, in his or her sole discretion, of the opinion that I have made satisfactory progress with the Course;

(b)

the chief executive officer may at any time withdraw my bursary if I have failed to comply with the provisions of clause 2(b) or (c) or if the chief executive officer is, in his or her sole discretion, of the opinion that I have not made satisfactory progress with the Course, that I did not attend lectures and/or practical classes regularly or that it is not in the interest of the Commission that the bursary continue to be granted. In such event the provisions of clause 2(e)(i) and (ii) shall apply; and

(c)

notwithstanding anything mentioned in this undertaking, if the chief executive officer withdraws my bursary or if I abandon the Course, the chief executive officer may, in his or her sole discretion and on the conditions he or she may determine, permit me to fulfil by means of service in the staff of the Commission, a service obligation in respect of one or more years of study which has/have been successfully completed, that is, years of study in respect of which I have no subjects outstanding which will cause met to exceed the prescribed minimum duration/prescribed minimum remaining duration of the Course, as the case may be: Provided that where a thesis or dissertation has been laid down as the main requirement for the Course, the chief executive officer may similarly allow me to redeem by service in the staff of the Commission a service obligation in respect of one or more years of study, on condition that I am able to submit to the chief executive officer written proof which indicates to his or her satisfaction that I have progressed satisfactorily with such thesis or dissertation during the year/years of study concerned.

4.	I accept further that—

(a)

as far as my absence due to leave from my normal duties during the contract period is concerned, only vacation leave on full pay (with the exception of vacation leave granted to me for purposes of study), sick leave on full pay or half pay and special sick leave which may be granted as a result of an injury on duty, shall count as service for completing the contract period;

(b)	if I leave, or am discharged from the service of the Commission any money due to me by the Commission may be withheld and set off against any money due to the Commission in terms of this undertaking;

(c)	irrespective of the amount involved in terms of this undertaking, any action which may arise from this undertaking may be instituted in a magistrate's court in the Republic which may otherwise have jurisdiction;

(d)

if my obligations in terms of this undertaking cannot be fulfilled owing to my death or if such obligations cannot, in the discretion of the chief executive officer, be fulfilled owing to the fact that I have become incapacitated by any mental or physical disability, any liability for the refund of any money which may be due in terms of this undertaking lapses. This concession shall be applicable only where the provisions of clause 2(e)(i) and (ii) have not taken effect;

(e)

this undertaking does not exempt me from any obligations in terms of any other undertaking(s)/ agreements) which I have entered/may enter into with the Commission. Periods of compulsory service resulting from and in terms of more than one undertaking/agreement, shall be served consecutively and in the order in which such undertaking(s)/agreement(s) were/are entered into. Should any such agreement(s)/undertaking(s) contain provisions to the contrary, they shall be regarded as amended accordingly;

(f)	this undertaking may be amended only with the written approval of the chief executive officer; and

(g)	a certificate issued by the chief executive officer shall serve as prima facie proof of the amount due by me to the Commission in terms of this undertaking.

5.	I elect as my domicilium citandi et executandi and for the purposes of any notice or for the service of any legal process arising out of this undertaking, the following address in the Republic:

............................................................................................................................

Signed at ............................................................ this....................................................

day of ................................................ 19..........

.................................................................

Signature of member of staff

WITNESSES:

(a)	.................................................................

(b)	.................................................................

(If the member of staff is a minor, this undertaking must be countersigned by his or her parent or legal guardian.)

Assisted by me,

..................................................................

Countersigned by parent or legal guardian

of member of staff

WITNESSES:

(a)	.................................................................

(b)	.................................................................

Full name of parent or legal guardian ...................................................................................

.............................................................................................................................................

Relationship ........................................................................................................................

Address................................................................................................................................

............................................................................................................................................

South African Human Rights Commission Act, 2013 (Act No. 40 of 2013)

Regulations

Regulations for the Staff of the Human Rights Commission, 1996

Schedules

Schedule A : Forms

Form 4 : Agreement: Part-Time Study

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