Question NW1932 to the Minister of Basic Education
10 December 2024 - NW1932
Tetyana, Mr Y to ask the Minister of Basic Education
1. Whether she has the power to intervene with any steps that will support the Gauteng Department of Education in their efforts to address the very serious problems of racism at the Pretoria Girls High School; 2. whether she has the power to ensure that a certain person (name furnished) is permanently removed from the position of principal, and that the specified person repays the salary that she wrongfully earned while she was on suspension; if not, why not; if so, what are the relevant details; 3. whether she has found that should she have these powers and act strongly and decisively that it will send a clear message to the many other schools in the Republic where racism is still rife that it will no longer be tolerated; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
- While the Minister of Basic Education is not legally empowered to intervene directly in school governance matters or disputes between School Governing Bodies and Provincial Education Departments (PEDs), the Department of Basic Education (DBE) has been instructed to support the efforts of PEDs in addressing issues of discrimination, racism, prejudice and related intolerances in public schools by providing clearer sector guidance for schools, as well as building the capacity of PEDs to carry out preventative and management measures.
- Section 3 of the Employer of Educators, 1998 (Act No. 76 of 1998) provides that the Head of a Provincial Education Department (PED) is the employer of educators in the service of that PED in posts on the educator establishment of that PED for all purposes of employment. The Minister of Basic Education and the Department of Basic Education therefore do not have any legal authority to intervene in employment incidents that arise as between the principal of a public school (being an educator employed by the relevant PED) and the Head of the relevant PED. On matters related to misconduct on the part of educators employed by a PED, the power to discipline is in the hands of the Head of that PED, with the MEC for Education in province required to discharge an appeal function in this regard.
- In terms of the Labour Relations Act, the authority to discipline an employee is with the employer. All educators under the employ of a PED account to the Head of that PED. As per the National Education Policy Act, the Minister's role is to develop policies and legislation, including monitoring and support for implementation.