NATIONAL ASSEMBLY
FOR WRITTEN REPLY
QUESTION 3001
DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 29/10/2010
(INTERNAL QUESTION PAPER: 34-2010)
Dr W G James (DA) to ask the Minister of Basic Education:
(1) What is the total number of teachers who (a)(i) applied for (aa) paid and (bb) unpaid leave and (b) were not required to apply for leave, but were still given time off to attend the national conference of the SA Democratic Teachers' Union (Sadtu) in October 2010;
(2) whether she requested the union to hold their conference during the school holidays; if so, what was the union's response; if not,
(3) whether she engaged in discussions with the union regarding the possibility of holding their conference during the school holidays; if not, why not; if so, what (a) was the union's response and (b) are the further relevant details
(4) what total number of teaching hours for (a) Grade 12, (b) Grade 11, (c) Grade 10, (d) Grade 9 and (e) Grade 8 were lost as a result of teachers attending the conference? NW3714E
REPLY,
(1) (a)(i), (aa), (bb) and (b),
There is no need for teachers to either apply or not to apply for this kind of leave since it is provided for in Chapter G, paragraph 3.3 of the Personnel Administrative Measures (PAM) of the Employment of Educators Act, no. 76 of 1998. In terms of this provision employee organisation members and representatives in good standing may take reasonable time off during working hours to participate in agreed to union activities. Section 15 of the Labour Relations Act, 1995, also gives provision for trade union representatives to take reasonable leave during working hours to participate in union activities. Furthermore, these regulations have to be approved by Provincial Departments of Education and all nine provinces have confirmed that they received letters to inform the employer of the time-off arrangements timeously.
(2) No. There was no need to make such a request after approval had already been given based on the fact that the union followed all necessary requirements for taking time off.
(3) (a) and (b),
There was no need to engage with labour on this matter since the labour rights are entrenched in the Constitution of the Republic of South Africa, 1996, supported by the Labour Relations Act, 1995.
(4) (a), (b), (c), (d) and (e)
I am unable to respond to this matter since the responsibility to monitor any loss of teaching hours resides with the Provincial Education Departments (PEDs), who are employers in the provinces. In the event that long hours are taken, the PEDs are empowered by the Personnel Administrative Measures (PAM) to appoint substitute teachers.
Issued by Parliament, November 17 2010
Click here to sign up to receive our free daily headline email newsletter
