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Office of the Chief Executive Officer

Room 1009, 111 Commissioner Street, Johannesburg 2001 P.O. Box 7710, Johannesburg, 2000

Tel: (011) 355-1511 Fax: (011) 333-5546 E-mail: OR

APPLICATION FOR APPROVAL BY THE HEAD OF DEPARTMENT FOR ADDITIONAL REMUNERATION FOR STATE EMPLOYEES BY A SCHOOL GOVERNING BODY OF PUBLIC ORDINARY SCHOOL

1.PURPOSE

1.1 To indicate to all School Governing Bodies (SGBs), Principals, Head of Institutions and District Officials the format and information required in order for the SGBs to apply to the Head of the Department and the delegated officials for the approval of additional remuneration for state employees as stated in Section 38A of SASA.

1.2 To indicate to the SGBs and state employees the process for lodging the application.

1.3 To provide the SGBs with the relevant application forms for additional remuneration

2.POLICY AND LEGISLATIVE FRAMEWORK

2.1 Section 38A of South African Schools Act, Act 84 of 1996 as amended.

2.2 Employment of Educators Act, Act 76 of 1998 as amended

2.3 Personnel Administration Measures (PAM)

2.4 Personnel Administration Services (PAS)

2.5 Basic Conditions of Employment Act, Act 75 of 1997

2.6 Employment Equity Act, Act 55 of 1998

2.7 Labour Relations Act, Act 66 of 1995

2.8 Prevention of Corruption Act of 2004

2.9 The Criminal Procedure Act, Act of 1977

2.10 The Occupational Health and Safety Act No.85 of 1993

3.PROCEDURE

3.1 Prior to a Governing Body entering into an agreement with the state employees, written approval must be obtained from the Head of the Department of Education.

3.2 The Head of the Department has delegated this authority to the GDE District Directors.

3.3 In order to facilitate the administrative procedure for such approvals, the applicant and the Governing Body must complete the application form (Annexure A & B) and forward to the District Directors.

3.4 Please note that no consideration will be given unless the application forms are complied with fully.

3.5 The applicants and the Governing Bodies are expected to apply annually for approval to grant state employees additional remuneration.

3.6 All applications for the approval for additional remuneration by state employees as stated in Section 38A must be submitted to the District Directors on or before 31 August of each year.

3.7 All applicants will receive a response from the District Directors on or before

30 September every year.

3.8 Should the applicant be dissatisfied with the decision of the District Director, the applicant has a right to lodge an appeal to the MEC within 30 days from date of receipt of such rejection.

3.9 This circular serves to repeal circular 09/2003

Thank you for your co – operation.

______

MALLELE PETJE

CHIEF EXECUTIVE OFFICER

ANNEXURE A

UMnyango WezeMfundo Lefapha la Thuto

Department of Education Departementvan Onderwys

APPLICATION FORM IN TERMS OF SECTION 38A OF SASA

FINANCIAL YEAR 01 JANUARY 200___ TO 31 DECEMBER 200___

PART A: GENERAL

1. Details of the school

1.1

/ District

1.2

/ Name of school

1.3

/ School EMIS number

1.4

/ Component Number

1. Details of the Employee

2.1 Surname
2.2 First Names
2.3 Persal Number
2.4 Telephone
Number (H)
2.5 Mobile Phone
2.7 Rank (Please
Tick) / Principal / Deputy Principal / HOD / Educator / Administrator Gen Worker

PART B

DESCRIPTION OF ACTIVITIES APPLIED FOR

3. Application for (please Tick one of the following):

4. Types of activities: (Please Tick not more than two activities below):

4.1

Sporting related Activities / Curriculum Related Activities / Arts and Culture Related Activities / Tours and Excursion related Activities / Other

4.2 Give a brief description of the activity/ies chosen above: (Not more than

30 words): ______

5. Time Expanded on Activity/ies

5.1

After Hours / Week-end / School Holidays / Other

5.2 If other, give a short description of the time expanded on activity/ies:

(Not more than 20 words):

______

6. Please indicate Cost: (Tick one only)

6.1. Amount

N.B Please fill in additional application form for every activity that one will be engaged in (Part B).

PART C
Undertaking by the Educator/ PS Staff

I, ______, Persal No. ______

[CS] / [PS]

The undersigned, employed in the service of the Gauteng Department of Education and stationed at the ______,

  1. Confirm that I have read and understood the provisions of Section 38A as well as the conditions of my employment contract with the GDE as provided for in terms of the South African School Act, No. 84/1996 and/or the Public Service Act, 1999 (Proclamation 103 of 1999), Personnel Administration Measures and Regulations as Promulgated in Government Notice 222/19767 of February 1999 as amended from time to time, with special reference to such duties, workloads and responsibilities as contained therein and apply to CS/PS Staff members.
  1. I am fully versed with and have taken cognizance of the relevant Acts and Regulations that impact on and have consequences for the employment relationship created by Section 38A, i.e. The Basic Conditions of Employment Act No.75 of 1997, The Labour Relations Act No. 66 of 1995, The Occupational Health and Safety Act No.85 of 1993, The Employment Equity Act No. 55 of 1998 and The Skills Development Act No. 97 of 1998, and legislation pertaining to Income Tax.
  1. I confirm that the GDE will not be held liable in respect of any dispute, whether it relates to a conciliation, mediation or arbitration matter that may arise from such contractual relationship as envisaged in terms of Section 38A.
  2. I will not breach my contractual duties and obligations to my employer (GDE) nor undertake such additional duties and obligations that may adversely impact on my ability to perform my functions as Educator / Administrative Support Staff.
  3. My service to the Governing Body under section 38A is done voluntarily and I do not in any way hold the GDE liable, vicariously or otherwise that may arise from performing such additional duties and obligations.
  4. I affirm that I am fully aware of and the consequences of any fraudulent and corrupt practices that such payments may give rise to and the possible prosecution of such persons as provided for in terms of the Prevention of Corruption Act of 2004 under section 3 (1) thereof and the recovery of such unauthorized payments under sub-section (9) of SASA/1996 supra.

______

SIGNATURE OF THE EMPLOYEEDATE

ANNEXURE B

Umnyango WezeMfundo Lefapha la Thuto

Department of Education Departementvan Onderwys

PART D

APPLICATION BY SGB

1Give the nature of the service/activity/ies to be rendered by the GDE employee in return of the additional remuneration or benefit:

______

2.The nature/ type of the proposed remuneration/ benefit:

______

3.The amount to be remunerated/ nature of benefit:

______

4.Give full details of the extent of such payment to the applicant. (Attach any additional information or proof that will assist in determining this)

______

5.What resources are to be used in compensating/ remunerating the state employee?

______

6.State if the amount is a continuous financial obligation / a once off payment

______

______

______

7. Provide details of in terms of compliance with Section 20 (4 – 9) of

SASA:

______

______

______

PART E

UNDERTAKING BY SGB

We the School Governing Body of ______hereby declare and undertake to ensure compliance with the provisions of Section 38A as contained in the South Africans Schools Act No. 84/1996.

  1. We have contracted the services of ______, Persal No.______.
  2. The additional duties will not interfere with the contractual obligations/duties of the employee as contained and provided for in the Employment of Educators Act, No. 76/1998 and /or the Public Service Act, 1999 (Proclamation 103 of 1999), Personnel Administration Measures and Regulations as Promulgated in Government Notice 222/19767 of February 1999 as amended from time to time, with special reference to such duties, workloads and responsibilities as contained therein and apply to CS/PS Staff members.
  3. We are fully versed with and have taken cognizance of the relevant Acts and Regulations that impact on and have consequences for the employment relationships created by Section 38A, i.e. The Basic Conditions of Employment Act No.75 of 1997, The Labour Relations Act No. 66 of 1995, The Occupational Health and Safety Act No.85 of 1993, The Employment Equity Act No. 55 of 1998 and The Skills Development Act No. 97 of 1998, and legislation pertaining to Income Tax.
  4. The GDE will not be held liable, vicariously or otherwise and in respect of any dispute, whether it relates to conciliation, mediation or arbitration matter that may arise from such contractual relationship as envisaged in terms of Section 38A.
  5. We affirm and undertake to disclose such full details as to the nature and extent of such payments as required by sub-section (3) read together with sections 39, 42 and 43 of the South African Schools Act, No. 84/1996.
  6. We have complied with the provisions of Section 20 (4) to (9) thereof supra.
  7. We understand the nature, extent and consequence of such actions in regard to sub-section (9) thereof.
  8. The school is financially able and willing to make such payments, and declare that its assets will exceed its liabilities when making such payments. (Attach preliminary budget for 200____)
  9. We affirm that we are fully aware of and understand the consequences of any fraudulent and corrupt practices that such payments may give rise to and the possible prosecution of such persons as provided for in terms of the Prevention of Corruption Act of 2004 under section 4 (1) thereof and the recovery of such unauthorized payments under sub-section (9) of SASA/1996 supra.
Signature:______Chairperson SGB

Name: ______Chairperson SGB

Signature: ______Chairperson

Finance Committee

Name: ______Chairperson

Finance Committee

Signature: ______Principal

Ex-officio

Name:______Principal

Ex-officio

Date: ______Place : ______

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