ELRC Collective Agreements & Grade 9 General Education Certificate: DBE; BRRR; with Minister & Deputy Minister

Basic Education

15 October 2019
Chairperson: Ms B Mbinqo-Gigaba (ANC)
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Meeting Summary

Available here once adopted: BRRR 2019 

The Minister, Ms Angie Motshekga and Deputy Minister, Dr Regina Mhaule were present and emphasised throughout the meeting that schooling for children was compulsory until grade 9, but that the schooling process ended at grade 12. Both the Minister and Deputy Minister highlighted that the General Education Certificate (GEC) qualification did not mean learners should exit the system. They clarified that the GEC was the exit level of a phase. The high drop-out rate before grade 12 which peaked at grades 10 and 11 and stood at 15.2% in 2012 was noted. Approximately 3.4 million young people aged 15-24 years are not employed or in education or training, and two of the 3.4 million youth constitute a group of young individuals who have not finished Grade 12.  There is the absence of a standardised assessment and a qualification to usher learners into different pathways at the end of compulsory schooling which is grade 9. It is noted that the repetition rate for learners began to spike from grade nine to 11, and there were more male than female repeaters. The number of out of school youth has dropped over the years but remains considerably high for seven to 18-year olds. South Africa’s unemployment rate increased by 1.4 percent to 29 percent in the second quarter of 2019. The number of unemployed people in South Africa increased from 4.3 million to 6.7 million in the second quarter of the year.

The rate of Black African women who are unemployed is just over 30 percent, while whites only constituted a small percentage. The black African and coloured population groups remain vulnerable in the labour market.  The GEC should be viewed as the Deoxyribonucleic Acid (DNA) of the Three Stream Model and it will provide reliable data for articulation of learners who will be streamed into Academic, Technical Vocational and Technical Occupational pathways in Further Education and Training (FET) and will include both schools and Technical and Vocational Education and Training (TVET) colleges.

Focus schools that will be increased are: Maths and science schools; agricultural Engineering; Aviation; Mining; Media; Maritime; High Tech; Commercials; Tourism Services; Schools of Skill; Arts; and Sports School of Excellence. The academic stream vision set for 2030 is that 450 000 learners are eligible for a bachelor’s programme with maths and science amongst other subjects. In the technical vocational stream, the target is to produce 30 000 artisans by 2030 on an annual basis. The Committee raised issues of infrastructure and funding and questioned whether the department had investigated this sufficiently. The Committee questioned whether the GEC would improve the drop-out rate. There were concerns from members about how the private sector would become involved in terms of Learnerships and its collaboration with the Department of Labour (DoL). Challenges in producing the GEC certificate were noted.

The Education Labour Relations Council (ELRC) highlighted pertinent agreements to take the education of the country forward and to hold teachers accountable. It was noted that developmental gaps would be addressed by the ELRC who will find synergy with The South African Council for Educators (SACE) to deal with development. The ELRC said it was currently putting together training plans to roll out from January to December 2020, and it will ensure everyone is on board for 2021. The full implementation of the training will take place in January 2021. The ELRC said that if an educator was found guilty of misconduct, they will be reported to SACE and the Department of Social Development. The educator would be listed in the Child Protection Register to ensure that they never work with children again. This will render their certificate for teaching useless. Furthermore, the ELRC raised concerns about private schools, and not having jurisdiction over them. The Committee raised concerns about the difficulties SACE would face in striking educators accused of sexual misconduct from the roll. Abuse of “the girl child” was highlighted by committee members. Issues on how the ELRC would ensure fairness for teachers in the process of checks and balances was also discussed.

Meeting report

The Chairperson went over the agenda for the meeting and apologies were noted.

General Education Certificate presentation

The Deputy Minister, Dr Regina Mhaule (ANC) clarified that schooling is compulsory for children up to grade 9, but the schooling process ends at grade 12.

Dr Moses Simelane, Chief Director: Curriculum, Department of Basic Education (DBE) presented on the General Education Certificate (GEC) qualification which would include the issues the department is attempting to address. Mr Simelane said that there is an absence of an accurate mechanism to recognise the learning achievement of South African learners at the end of the compulsory school phase, which is grade nine. There is limited facilitation of access, mobility and progression within education, training and career path, as well as persistent inefficiencies which become evident in learners repeating levels two and three in the Further Education and Training (FET) colleges after completing Grade 12. There is a high dropout rate before in grades 10 and 11, which stood at 15.2% in 2012. Approximately 3.4 million young people aged 15-24 years are not employed or in education or training institutions, and 2 million of the 3.4 million constitute a group of young individuals who have not finished Grade 12.  

There is an absence of a standardised assessment and a qualification to usher learners into different pathways at the end of compulsory schooling year – grade nine. Dr Simelane noted that the repetition rate for learners begins to spike from grade nine to 11 and that there were more male than female repeaters. Dr Simelane said that while the number of out-of-school youth has dropped over the years, it remained considerably high for seven to 18-year olds. Youth aged 19 to 21-years who have completed grade nine and above has increased over the years and this speaks to the issues of efficiency and quality within the system. Dropout rates have also been on the rise between grades nine to 11.

Dr Simelane said South Africa’s unemployment rate increased by 1.4 percent to 29 percent in the second quarter of 2019. The number of unemployed people in South Africa increased from 4.3 million to 6.7 million in the second quarter of the 2019. The rate for unemployed Black African women is just over 30 percent. Black African and Coloured population groups remain vulnerable in the labour market. Approximately 8.2 million out of 20.4 million young people aged between 15 and 34 years are not employed in education or training, and most of this number is women.

Dr Simelane said that the GEC would provide an accurate indicator of the Recognition of the learning achievement of South African learners at the end of the compulsory schooling phase. The GEC needs to be seen as the Deoxyribonucleic Acid (DNA) of the Three Stream Model by providing reliable data for articulation of learners who will be streamed into Academic, Technical Vocational and Technical Occupational pathways in the FET band (both schools and TVET colleges). The GEC will also enable the facilitation of the skills revolution in South Africa. Furthermore, it will provide standardised benchmarks against which schools can compare their internal assessment standards in order to raise the bar and the quality of assessment. The GEC will reduce inefficiencies in the system where candidates are expected to repeat levels two and three in the FET colleges after completing Grade 12. The GEC will allow for alignment of qualifications offered in the schooling system to the South African National Qualifications Framework (NQF). The GEC would be recognised by the NQF. It would create an integrated national framework for learning and achievements. It would enhance the quality of education and training; Facilitate access, mobility and progression within education, training and career paths; accelerate the redress of past unfair discrimination in education, training and employment opportunities; and contribute to the equitable personal development of each learner and the social and economic development of the nation at large.

Dr Simelane said that the government must enable all children to go to school for at least 10 years. The 10-year compulsory general education cycle should proceed from a pre-school reception year to grade nine. The Reconstruction and Development Programme (RDP) and White Paper two is about Restructuring training and education to integrate the energies of all the institutions; increasing open access to education and training opportunities; providing the means for learners to move from one learning pathway to another.

The National Education Policy Act (NEPA) advocates for the cultivation of skills, disciplines and capacities necessary for reconstruction and redevelopment. Importantly, NEPA talks about Recognizing the aptitudes, abilities, interests, prior knowledge and experience of students; and encourages independent and critical thinking. White Paper two and the NQF state that the GEC should be acquired at the end of the compulsory schooling phase; and it should acknowledge the flexibility of the NQF which can allow for general education comprising of optional vocational and academic subjects. The first objective of the NQF was to create a single integrated national framework for learning achievements and to facilitate access to, and mobility and progression within education training and career paths. The White Paper on Education and Training (1995) proposed an integrated approach to education and training, thus implying a view of learning which rejects a rigid division between "academic" and "applied" knowledge, as well as between “theory" and "practice", "knowledge" and "skills" and between "head" and "hand".

The GEC envisioned to be a registered Level one national qualification. It consists of a planned combination of learning outcomes which has defined purposes. It Intends to provide qualifying learners with applied competence and a basis for further learning. The primary purpose of the GETC is to equip learners with the values, knowledge and skills that will enable or enhance meaningful participation in society, contribute towards developing sustainable communities, provide a basis for learning in further education and training, and establish a firm foundation for the assumption of a productive and responsible role in the workplace.

Dr Simelane said that the General Education and Training Certificate (GETC) was reconceptualised into the GEC, which takes cognisance of the Three Stream model and must therefore be viewed as the DNA of the Three Stream model. It is assumed that learners are competent in the National Curriculum Statement at Grade eight level. The Qualification is designed with exit level outcomes which speak to the Curriculum Assessment Policy Statements (CAPS) aligned National Curriculum Statement at Grade 9 level. Learners will qualify for this GEC qualification by demonstrating competence in exit level outcomes in the nine subjects.

In relation to the associated assessment criteria, Dr Simelane said that the integrated assessment must be designed to achieve: an integration of the achievement of the exit level outcomes in a way that reflects a comprehensive approach to learning and shows that the purpose of the qualification has been achieved.

When looking at International best practice, research was conducted in 18 Asian countries and it has been found that these countries administer an examination at the end of primary and secondary school level. These countries underwent rapid industrialisation and maintained exceptionally high growth rates. Most African countries also administer an examination at the end of primary and secondary schooling.

The Three Stream model has been discussed as one critical approach to address the skills shortage and respond to the vision set out in the NDP, and to align the implementation and the rolling out of the three stream model by increasing the number of focus schools which need to be aligned or mapped against the 10 Special Economic and Industrial Zones in the country. Focus schools that will be increased are: Maths and science schools; agricultural Engineering; Aviation; Mining; Media; Maritime; High Tech; Commercials; Tourism Services; Schools of Skill; Arts; and Sports School of Excellence.

The NDP and the Three Stream model have already indicated that the different parts of the education system should work together to allow learners to take different pathways that offer high quality learning opportunities to choose from. In the academic stream, the vision for 2030 is that 450 000 learners will be eligible for bachelor’s degree programmes with maths and science amongst other subjects.

The technical vocational stream, the target is to produce 30 000 artisans by 2030 on an annual basis. The technical vocational subjects are mechanical, electrical, and mechanical electrical technologies, and each has three specialisations. There is also technical math and science as part of those subjects.

In the technical and occupational stream, the NDP goal and objective is to provide inclusive education that enables everyone to participate effectively in a free society. Dr Simelane emphasised education that provides knowledge and skills.

Linking the GEC to the Three Stream model starts by looking at the model from grade 10 to 12. From General Education and Training (GET), technical occupational subjects have been introduced because the aim is to give learners a basis before they reach the end of the GET level. It is important to note that when looking at the GEC, there will be an examination or standardised assessment at the end of grade nine. The purpose will be to stream learners on their performance at the end of the grade nine examinations which will allow some to continue on the academic pathway, others to the technical vocational pathway and also to ensure that learners do not go to technical high schools and other focus schools when they would also be able to attend TVET Colleges. Dr Simelane pointed out that the DBE has been working with the Department of Higher Education and Training (DHET). If a learner has chosen a certain pathway, they are not obligated to stay on that path and should be able to carry credits from one pathway to another. This is what is referred to as portability.

The skills embedded in the curriculum include: Innovation and creativity; communication and collaboration; problem-solving; teamwork; critical thinking; human rights and social Justice and computational Skills.

In collaboration with DHET, the DBE is considering aligning qualifications at NQF level one to four, which is offered by DBE so that TVET colleges can offer qualifications from NQF level five and upwards, to manage the issue of inefficiency.

The GEC is not a new qualification – it was registered in the NQF in 2008/09 and expired in June 2012. The qualification framework has been reviewed. Approval has been granted for handing the qualification framework over to Umalusi for further refinement up to registration by the South African Qualifications Authority (SAQA). The broad plan is to finalise the GEC qualification.

The Minister, Ms Angie Motshekga said that the input made by Dr Simelane really captured the conversations that were had in their offices. The Minister added that since there is one curriculum, there must be one single system of assessment.

Discussion

Mr S Ngcobo (IFP) said that the media has prompted a lot of discussion and pointed out that this is what the country needs. He congratulated the Minister for this initiative. Mr Ngcobo said that although he had a lot of issues, he wanted to express the IFP’s support for the initiative. He noted that the GEC for grade nine was not designed to provide an exit for learners to leave school. He pointed out that every grade provided something similar in the form of reports that were certified by school principals and the only difference with the GEC is that it is done externally by the department. He noted that this was beneficial as it ensured quality. Mr Ngcobo pointed out that students went to school on weekends and holidays because grade 12 teachers wanted to ensure that they complete the syllabus. He said that grade 12 teachers were so concerned because grade 12 pupils were externally examined. Mr Ngcobo raised issues of infrastructure and funding and questioned whether the department had investigated the issues sufficiently.

Mr E Siwela (ANC) reiterated Mr Ngcobo’s sentiments. He asked how learners would be assessed, and if the certificates would be issued to everyone across the board.

Mr Siwela asked how the introduction of this qualification will improve the drop-out rate.

Mr Paddy Padayachee, Acting Director General, DBE said the GEC is a general occupational certificate.

Ms C King (DA) commented that it was clear that grade nine and 10 learners could not master the basic competencies of reading with comprehension and knowing pure Math, Economic and Management Sciences (EMS), Natural Science and Technology are subjects that learners cannot master properly.

Ms King asked if a pilot study had been done to check the competency of grade nine learners, and how the stream models help learners when they exit.

Ms King asked if the competency of the technical and occupational institutions have been checked, and how the learners will be funded.

Ms King noted that there had been some collaboration with the Department of Labour on a Learnership, and asked for more details on how the department and the private sector would get involved?

Mr Padayachee said that international countries like France and Germany will be willing to assist South Africa. While the DBE is lacking skills in certain areas, the rest of the world has shortages as well. In some countries, their own population cannot fill those gaps. As these learners become skilled only to be poached by other countries.

Dr Simelane said that businesses were involved and that the department had a partnership with the manufacturing, engineering, related services and Sector Education and Training Authority  (merSETA), which involves 10 schools, at least one per province, where learners are taken to the workplace to apply the skills they have acquired.

Ms N Tarabella-Marchesi (DA) said that she felt like there was a gap in the presentation. South African parents were concerned about where learners would end up. She noted that some would see the GEC as an option to leave school and were not getting qualifications from TVET colleges that would open doors for them.

Ms Tarabella-Marchesi said that she would have liked to see how the qualification correlates to the economy, and how the skills acquired from there would be absorbed.

The Minister responded that the Deputy Minister would deal with the other issues raised. She noted that the media helped to encourage more debate on the issue and improve communication. The Minister said that the essence and structure of the education system needs more debate.

The Minister clarified that the department was not saying that children should exit the system at grade nine, but rather that, the certificate was at an exit level of a phase. The Minister noted that parents wanted their children to go to TVET colleges.

Ms Tarabella-Marchesi responded that some people do exit the system after grade nine and that is the impression created by the GEC.

Ms M Sukers (ACDP) noted that learner’s skills do not match the market requirements. She said the Committee needs to engage around challenges in a different way and wanted to point out budgetary and infrastructural issues. She commented that big and small businesses in the manufacturing environment needed the skills.

Ms Sukers asked how “dropouts” could be assisted to get into the system and wanted to know more about skills schools in order to give people a plan to get their children into the system again.

Dr Simelane said that the Math, Science and Technology (MST) grant is used for the technical vocational pathway. All schools receiving this grant had on-site workshops for the implementation of these practical subjects. There is a plan for infrastructure at these schools and the National Treasury (NT) has already been and will be engaged on the Three Stream model for possibilities of funding.

Dr Simelane said that the department had envisaged the issue of supporting learners who are repeating grades.

Mr L Ntshayisa (AIC) asked if there would be any challenges in producing the GEC.

Mr Ntshayisa pointed out that parents should be informed that the GEC did not mean their children should exit the system.

Mr Padayachee said that Umalusi said the GEC must not be issued like the grade 12 certificate. Those who want it must pay for it.

Ms N Adoons (ANC) said that the department must get the relevant stakeholders on board such as parents and teachers who need to be well-informed.

Ms Adoons said that she supports what the department has done and implored the Portfolio Committee to exercise the necessary oversight to ensure implementation.

The Chairperson asked what support dropout learners can be given.

The Chairperson asked what skills from the Fourth Industrial Revolution (4IR) would link to the GEC?

The Chairperson asked for further reflection on the policy and legislation that would inform the GEC.

Dr Simelane said the GEC is already catered for within the NQF. There is the NQF Act of 2008 which recognises qualifications from NQF level 1-10. The department is also working with Umalusi as a quality assurer. The high unemployment rate of young females needs more research since it may sound discriminatory. The Department is currently dealing with the issue of learning pathways. Dr Simelane added that he could be wrong, but most women will be found in the Humanities as opposed to the other hardcore sciences. It could be to some extent one of the factors at play. The DBE has begun to relook how it can invigorate the implementation of subjects at technical schools. Teachers qualifications are checked. The GEC and GETC are on the same level, and the only difference is that the GETC has been in existence. Coding and Robotics will be introduced to 4IR.

Dr Simelane referred the Chairperson’s last question on policy and legislation to Mr Padayachee.

The Deputy Minister said that the presentation was about the GEC and not its partnership with all other stakeholders.

Mr P Moroatshehla (ANC) reiterated Mr Ngcobo’s point that people should not operate under the illusion that there has been an exit examination.

Mr Siwela said he raised a question which was not answered. He said that an external exam could not be run without Umalusi. It would otherwise be a fake exam. Umalusi has said that they are understaffed. Mr Siwela asked what would happen now that they will be faced with GEC in addition to the matric qualification.

Ms Tarabella-Marchesi said that she was concerned about learners in North West and Limpopo who do not have technical schools to absorb them. She referred to technical schools in these provinces who did not have drawing boards or textbooks, or teachers who had the right curriculum or were equipped to teach. She noted that an agricultural school the Committee visited did not even have one cow. She asked that the state of TVET colleges be looked at and reported to the Minister to consider improvements.

Ms Sukers asked that the Committee with the DBE have a follow-up that takes on the form of a workshop.

Ms Sukers pointed out that the question of how children who are currently at home can be assisted has not been answered. She asked that the department must offer guidance and information on this. The department should circulate a list of all Technical colleges.

Progress report on the work of the Education Labour Relations Council

Ms Nolusindiso Foca, General Secretary, Education Labour Relations Council (ELRC) referred to pertinent agreements to take the education of the country forward. Namely; Collective Agreement (CA) 2 of 2014: Quality Management System (QMS) for School-Based Educators, CA 3 of 2017: Education Management Service (EMS): Performance Management and Development System (PMDS) for office-based educators in order to assist them, and CA 3 of 2018: Providing for compulsory inquiries by arbitrators in cases of disciplinary action against educators charged with sexual misconduct in respect of learners.

The agreement of CA 2 of 2014 seeks to hold teachers accountable. The ELRC’S contribution to early childhood development is limited in so far as infrastructure and does not reside in the competency of the ELRC.

Currently the ELRC has an integrated management system which is used to assess performance of teachers. The purpose of CA 2 of 2014 is that it is a standardised framework for employee performance. In QMS, the development aspect is separated from the performance aspect. Performance management must be run by a manager of the institution as opposed to a group selected for staff development. Of importance is that the new instrument for performance appraisal is done at continuous instances. Integrated Quality Management System (IQMS) however, was only done once. Classroom observation must be undertaken by the supervisor. Previously it was done by the Development Support Group (DSG).

One crucial aspect between the two systems is the performance of learners being taken into consideration with appraisal, which was not and still is not the case. Currently with IQMS, learner performance is not taken into consideration. Once the developmental aspect of the educator has dropped off, it does not mean that this area will be neglected, but that it will be managed by other processes that are there for teacher development and which does not reside within the competency of the ELRC. If there are developmental gaps that need to be addressed, the ELRC will find synergy with the South African Council for Educators (SACE), which is charged with the responsibility to deal with development. Other systems from the DBE have also been set up to deal with this.

Ms Foca said the ELRC was currently putting together training plans to roll out the training for 2020 from January to the end of the year to ensure everyone is on board for 2021. The full implementation will be January 2021. There was a need to streamline IQMS because of too much paperwork which caused schools not to adhere to what was required. This could be seen in instances where teachers were not assessed and received the pay progression by default. Those employed in supervisory capacities must be held accountable for their actions, such as office-based educators who should provide support to the schools.

CA 3 of 2018 is providing for compulsory inquiries by arbitrators in cases of disciplinary action against educators charged with sexual misconduct in respect of learners. In the past this has been dealt with years later and then could not be confirmed. By the time the case reached the ELRC, the learners would have migrated to other provinces or exited the system. If the learner is not available to testify with the ELRC, the educator will be reinstated. Parents would refuse to allow learners to testify in ELRC processes, because of secondary trauma which causes the ELRC to fail in its work, due to these technicalities. Sometimes there is collusion in schools and fake allegations which have resulted in educators been dismissed, which also brought about the need for the ELRC to have this process in place. In ensuring there is fair labour practices and that the interests of the children are protected, the ELRC therefore agreed to the fact that the nine departments of education will no longer deal with disciplinary cases where educators are alleged to have committed sexual offences against learners. The education departments will conduct investigations and then refer the case to the ELRC to be an independent arbitrator to hear the evidence. Ms Foca asserted that if indeed an educator is found guilty, they will be reported to SACE and the Department of Social Development (DSD) for these educators to be listed in the Child Protection Register and ensure that they can never work with children again. This will render their teaching certificate useless.

Ms Foca pointed out that SACE however, will face the same challenges of having enough evidence despite the ELRC’s guilty verdict to strike the educator from the roll. This means that the educator can move from one province to another for instance and be employed and then commit the same offence. This challenge needs to be addressed.

The ELRC works with the Department of Justice and Correctional Services (DOJ), and when learners testify this happens via a third person to protect the rights of the child to avoid contact with the alleged perpetrator. Learners can also give evidence through Skype and in this instance, they still do not speak directly to the arbitrator. The case will also be reported to the South African Police Service (SAPS) for investigation.

Ms Foca said that access to private schools is a concern because the ELRC does not have jurisdiction there. The ELRC has been in discussions with the DBE to engage the school governing bodies to ensure that when these allegations come from private schools, the same system can be followed.

The ELRC’s work supports the NDP vision. The ELRC had conducted an Indaba constituted by teacher unions and nine provincial heads of education including the Director-General, wherein the ELRC was given a mandate to look into improving conditions of service for practitioners. This is still being investigated. Particularly, contractual issues such as termination of employment due to pregnancy are been investigated to avoid violations of employment law. “Equal pay, equal work” must also be ensured. Ms Foca mentioned that the ELRC was also looking at upskilling qualifications. The current policy of Human Resource (HR) planning does not include the Early Childhood Development (ECD) and this should be looked at. Grade R must also be looked at. A revised model is also being looked at to respond to material conditions. The ELRC is currently working on coming up with a framework which can be applied to the country at large and will look into labour management partnership which speaks to ensuring there is collaboration and that the employer is not threatened by the presence of strong unions in education. The employer should find ways to leverage on such unions by building strong relations and relying on the unions to assist in the implementation of the employer’s policies.

Discussion

Mr Ncgobo noted that the ECD has suffered for a while. Previously, they were not assisted because they could not belong to the ELRC. He appealed to the ELRC to use whatever influence they may have to assist the department in ensuring there is equal pay for equal work in all provinces.

Mr Ncgobo asked what difficulties SACE encountered in striking educators off the roll for misconduct. CA 3 of 2018 was signed by one organisation. It is unfortunate that not all unions signed this agreement to assist in reducing conflict.

Ms Foca said that SACE processes are regulated by legislation. If the learners must testify and cannot do this, it presents a difficulty. This is an issue of technicality.

Mr Ncgobo expressed concern for the abuse of the girl child and consequence management.

Ms Foca said that everyone will be held accountable based on performance agreements. Reliance will be placed on the department to ensure not only educators, but also office-based educators are held accountable. If a principal or teacher feels that support is not being provided, they should make use of the reporting channels available and bring this to the attention of the authorities.

Ms Sukers emphasised the professionalisation of the ECD sector. This foundation phase was imperative for young kids because the calibre of teachers affected these children. The conditions under which teachers work should be more regulated.

Ms Sukers asked how the ELRC regulates an unregulated sector and how it supervises.

Ms Sukers highlighted the abuse of the girl child and recommended that workshops be held to address unspoken issues because there is an uneven balance of power.

Ms Foca said the DBE must take over the responsibility of ECD because the ELRC’s role is limited. The ELRC does not fall within their jurisdiction.

Ms Foca said that the ELRC has used the media through radio to create awareness around issues of abuse of the girl child and noted that this was experienced by the boy child too. Female educators have also been reported for abusing boys.

Mr Siwela said that he was concerned that only one union signed the agreement. He asked if work was being done to ensure the other parties also came on board. Issues of abuse raised are a concern for everyone. He asked how will the ELRC will ensure the checks and balance process is not used to punish teachers who are disliked.

Ms Foca responded that in the process of bargaining, teachers unions would have mandates and the parties should be persuaded to agree by all means, but there are limitations to this because unions can say they have been mandated by their structures not to sign, which leaves little room for anything to be done.

Ms Foca said that once the assessment has been concluded, the report will be given to a moderation committee to ensure there is fairness in the process and that educators are not victimised.

Ms King said that she was glad there was an arbitrating process. She expressed concern about laying criminal charges and asked who would do this.

Ms King asked if unions were made aware of the collective agreement two on IQMS.

Ms King asked how the issue of teachers not fitting into the needs of a school but being forced to move would be addressed.

Ms Foca said that there is protocol that should be adhered to in the management of cases and that an impact assessment should still be done. She said that the QMS was signed by all unions, so they are aware.

Ms Adoons commented on the issue of training for 2021. She asked what this training would be about and if the department was engaged on the issue of private schools.

Ms Foca said that the teachers unions and employers are working together to ensure that training is conducted by both parties so that they can speak in one voice. Educators have tended not to do what is right because they think the union is there to promote their wrongdoing.

Mr Moroatshehla asked about cases of gross misconduct and noted that there were overlapping roles in cases such as murder or rape where SAPS, the Provincial Education Department, the ELRC and SACE must be involved. He asked who takes precedence in this situation and how the cases are handled.

Mr Moroatshehla asked if there were appeals for cases directly reported to the ELRC. He noted that matters referred to the ELRC took a long time to resolve.

Ms Foca said that appeals are limited to the enquiry by the arbitrator. The educator can appeal tothe Member of the Executive Committee. If appeals are related to sexual misconduct, they can no longer apply. Delays in resolving cases are as a result of the parties to the process who for example request postponement.

The Chairperson asked if one teacher can be charge by the ELRC, SACE AND DBE?

Ms Foca said that the employers charge educators in terms of misconduct, and SACE has a responsibility to ensure that the professional ethics are upheld by educators. The employer will refer the case to the ELRC to preside over and report the case to SACE who will investigate whether the code of conduct has been violated by the educator.

Meeting adjourned.

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