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DRAFT PROCEDURE FOR THE RECRUITMENT, SELECTION, APPOINTMENT

AND PROMOTION OF EDUCATORS

1. INTRODUCTION

Subject to the provisions of the Employment of Educators Act (Act No. 76 of

1998) as well as the Labour Relations Act (Act No. 66 of 1995) the appointment

of any educator in the service of a Provincial Education Department (PED) shall

be made by the Head of Department. However, the South African Schools Act

(Act 84 of 1996) gives the School Governing Bodies (SGBs) the powers to

recommend to the Head of Department (HoD) the appointment of educators at a

school.

The situation at present is that departmental officials (Circuit Managers or any

other district officials) act as observers and resource persons, and are not directly

involved in the whole process of selecting and interviewing educators, whereas

in essence they should be representing the Head of Department in these

processes. The department of education is the only sector which outsources the

appointment of its employees. This state of affairs, coupled with inadequate

selection and interviewing skills in some of the SGBs lead to inappropriate

appointment of educators at all levels of the school, causing poor delivery of

education in our schools.

The National Development Plan (NDP) calls for the change in the appointment

process of educators, especially principals to ensure that appropriately qualified

and competent individuals are attracted to become school principals.

As in other senior management positions, candidates should undergo a

competency assessment to determine their suitability and identify the areas in

which they would need development and support.

2. PURPOSE

The Department of Basic Education (DBE) has to ensure that it offers and

maintains a high quality of education through the selection and appointment of

suitable candidates at all level in all public schools.

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The department aims to recruit the best staff in order to develop and maintain

delivery standards consistent with its vision, mission and strategy, employment

equity policy, and the principles of best-practice in Human Resources

Management. The purpose of the developed procedure is to provide information

by describing the process to be followed by the education sector in the

recruitment, selection, appointment and promotion of educators, to ensure that

suitably qualified candidates are employed to assist the department in achieving

positive organisational outcomes.

These procedures are drawn from the basis that strong and competent School

Management Teams are essential in improving our public schooling system. For

this reason, it is imperative that public school managers be selected from those

candidates who have been evaluated and certified as possessing the

competencies deemed necessary for success in the field. For effective

appointment to take place, the department must play a more central and

influential role. Such a role will assist the Department to speedily attain its

employment equity targets and address transformation challenges. The

procedures are therefore designed to strengthen the administrative processes in

ensuring proper appointment of school managers in public schools.

3. SCOPE

The procedure covers all educators employed in public ordinary and special

schools as defined in the Employment of Educators Act no 76 of 1998.

4. LEGISLATIVE FRAMEWORK

Section 12(1) of the South African Schools Act no 84 of 1986 provides that the

Member of the Executive Council (MEC) for Education of each province must

provide public schools for the education of learners out of funds appropriated for

this purpose by the provincial legislature. The stipulation of this Act is supported

by section 1 of the Employment of Educators Act, Act 76 of 1998. Section 3

defines who the employer of educators is and for what purposes by providing

that the Head of Department is the employer of all educators in the province.

Therefore the recruitment, selection, appointment and promotion of educators in

the department is directed by Employment of Educators Act, to facilitate the

employment of CS educator as required by the Department.

Relevant sections in the Employment Educators Act for the recruitment,

selection, appointment and promotion of educators are indicated as follows:

Chapter 3, Sections 6, 7, 8 and 9 provide specifically for appointments,

promotions secondments and transfers of educators.

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Section 6 (1) deals with the appointment, promotion and transfer of any

educator at a provincial by the HOD

Section 6 (b) give the grounds on which the HOD can decline a

recommendation of the SGB

Section 7 set out two factors that may be taken into account in making

appointments:

o The ability of the candidate; and

o The need to redress the imbalance of the past in order to achieve all

representations.

Personnel Administrative Measures (PAM) in the Employment of

Educators Act

The PAM:

o Provides minimum requirements in terms of qualifications and experience

for various positions;

o Sets out a detailed procedure to be followed in promotions; and

o Sets out Sifting, Shortlisting and Interviews. Appointment processes.

Other Legislations guiding the recruitment, selection, appointment and

promotion of educators are:

ELRC Resolution 5 of 1998 sets out: Sifting (Department function),

Shortlisting and Interviews (SGB function), Appointment (Department

function)

Labour Relations Act of 1995

Schedule 7 of the LRA, defines an unfair labour practise to include any unfair

act or omission that arises between an employer and employee, involving the

unfair conduct of the employer relating to the promotion, demotion or training

of an employee.

Basic Conditions of Employment Act 75 of 1997

Section 29 deals with contracts of employment

Additional Legislations:

a) Public Service Act, 1994 (Proclamation No. 103 of 1994), as amended;

b) The Constitution of the Republic of South Africa, Act No. 108 of 1996);

c) Employment Equity Act, 1998 (Act No. 55 of 1998), as amended.

d) Public Finance Management Act, Act No.1 of 1999;

e) Public Service Regulations, 2001, as amended and where applicable;

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f) National Qualifications Frameworks Act, Act No. 67 of 2008), as amended.

5. IMPLICATIONS FOR POLICY AND PRACTICE

The sector must to take control of the recruitment, selection, appointment and

promotion of educators as the employer to ensure that recruitment for all vacant

positions shall be executed in a way that attracts the best possible competence.

Sections in the South African Schools Act and the Employment of Educators Act

which provides for any appointment, promotion or transfer of educators to be

made only on the recommendation of the SGB of a public school remain and

power and authority of the Head of Department to manage recruitment, selection,

appointment and promotion processes of educators must be strengthened.

Other considerations to be made include minimum requirements for promotional

posts for principals and Deputy Principals which must indicate the number of

years required at a managerial position and the introduction of competency tests

and each level of promotional post as described in this procedure below.

6. PRINCIPLES UNDERPINNING RECRUITMENT, SELECTION,

APPOINTMENT AND PROMOTION OF EDUCATORS

Educators will be recruited and selected based on merit through fair and open

processes set out in the recruitment, selection, and appointment and promotion

procedure and in the context of an overall workforce plan. The core principles

underpinning the recruitment process are:

a) Fairness applied with consistency;

b) Credibility;

c) Probity;

d) Appointments made on merit;

e) An appointments process in line with proven best practice;

f) Appointments made in an open, accountable and transparent manner.

The following additional principles must be considered in the filling of posts:

a) A real need for the filling of the vacant position(s) must exist and, where a

longer-term investment is made, future human resources needs must be

based on approved Human Resource Plan including approved recruitment

plan on annual basis;

b) Funds for the filling of vacant positions must have been provided for in the

medium-term expenditure framework;

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c) Recruitment, Selection and appointment of staff must be strategy driven to

ensure the appointment of the most suitable candidates in the promotion of

organisational efficiency and effectiveness;

d) Employment practices must be conducted in a cost-effective manner and in

accordance with job related requirements;

e) Employment practices shall ensure the adherence to Employment Equity

objectives, Affirmative Action measures, fairness and transparency in the

achievement of a representative sector;

f) Selection Criteria shall be objective, related to the inherent requirements of

the job and consistently applied in the filling of posts; and

g) Optimising the career prospects for currently employed staff.

7. DETERMINATION OF POSTS

Subject to the Regulation G.N. 1451 of 2002 published in Government No. 24077

dated 15 November 2002 on educator post provisioning for educational

institutions, the Head of Department is required notify all educational institutions

of their educator post provisioning which may increase or decrease the number

of posts at a particular institution.

The provincial department shall in accordance with the Regulation, annually

declare and notify all public schools of their post establishments for the following

academic year by the end September following a meaningful consultation with

the relevant parties in the province.

8. IDENTIFICATION OF VACANT POSTS

The process of identifying vacant posts shall be done in terms of the school’s

approved educator post establishments for the relevant academic year as

distributed by the provincial department.

The Circuit Manager plays an important role in the confirmation of the vacancy

and the actual post required by the school by:

a) Receiving a written request to fill a vacant post from the principal in writing

which contains the post level, subjects and the grades required;

b) Verifying the availability of the vacancy from the approved post establishment;

c) Verifying and confirming that the filling of such a post will not be a duplication

in the school due to the availability of educators who can be gainfully shifted

to fill the vacancy; and

d) Take responsibility for the advertisement of the post by completing and signing

a request form to HR.

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The district Director must sign off all requests for the advertisement of all school

posts in the district.

Both the principal and the Circuit Manager should be held accountable should

wrong posts be advertised.

9. FILLING OF VACANCIES

The filling of vacancies will be done through the placement of:

a) Permanent educators who are in addition due to operational requirements;

and

b) Funza Lushaka Bursars( post level 1 only)

Where such a placement is not possible, the department will facilitate the

possible employment of temporary qualified educator until such time that the post

can be filled permanently.

10. TEMPORARY APPOINTMENTS

The need for filling of temporary vacant post will arise due to the following:

a) Substantive vacant post (e.g. retirement, resignation, dismissal, death,

transfers), growth, Learner Support Educators. In this case, consideration

should first be given to educators additional to post establishments and the

Fundza Lushaka lists who match the post profile in terms of subjects and

phase.

b) Substitute post (e.g. leave, acting, secondment). Consideration can be

extended to other qualified educators for a fixed period of time.

The HoD or delegated official must approve the recommendation within 24

hours of the receipt of confirmation of the existence of the vacancy from the

Circuit Manager and HR official and all required documents so that learners

always have a teacher the class. No educator should assume duty without

an appointment letter.

11. REQUIREMENTS FOR APPOINTMENT PER EDUCATOR POSITION

11.1 QUALIFICATIONS

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Post Levels 1 and 2: All applicants must have at least a recognized three-

year (3) NQF level 6 qualification (REQV 13) obtained after Grade 12,

which must include appropriate training as an educator. The required

qualifications must be obtained prior to the date of commencement of

duty. Exceptions to this rule only apply to specific post requirements in

technical subjects etc. as per the ELRC Resolution 5/2001, paragraph

2.2(ii). Preference should however always be given in all cases to

appropriately qualified applicants for any educator post

Post Levels 3 and higher: All applicants must have at least a recognized

four-year (4) NQF level 7 qualification (REQV 14) obtained after Grade

12, which must include appropriate training as an educator. The required

qualifications must be obtained prior to the date of commencement of

duty.

11.2 EDUCATOR: POST LEVEL 1

EXPERIENCE

No experience required

REGISTRATION WITH SACE

Educators must be registered with SACE, but the non-registration with

SACE should not prevent an educator from being sifted, short-listed or

interviewed for a post. However, to be appointed the educator must be

registered with SACE. Should the educator not produce a registration

certificate or other valid proof of registration for appointment purposes, the

provincial must appoint the next qualifying candidate on the order of merit

according to the recommended list.

11.3 NON-CITIZENS

Job opportunities in the Department shall as far as possible be reserved

for South African Citizens and permanent residents. However where it is

not possible to fill a vacancy with a South African citizen or permanent

residents due to scarcity of skills in the local labour market, consideration

may be given to the employment of non-SA citizens on a contract basis

provided that:

a) Applicants are in possession of a valid work permit; and

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b) The appointment of foreign nationals is done in line with current

legislation from the Department of Labour, Department of Home

Affairs and the guidelines from the Department of Basic Education.

Only foreign educators with permanent or temporary resident status with

valid work permits may apply or be considered for appointment in a

permanent post. Foreign educators offering scarce and critical subjects

such as Mathematics and Physical Science may apply if they are in

possession of either a temporary or permanent work permit. The onus

rests upon such applicants to verify the status of their foreign qualifications

before seeking employment. Where no accreditation or validation from the

Department of Higher Education is attached to the application of foreign

qualifications, such applications will not be considered.

The following documents are compulsory for the appointment of foreign

educators:

a) certified qualifications;

b) approved work permits;

c) appropriate SAQA evaluation;

d) provisional SACE registration; and

e) Evaluation of Qualifications from the Department of Higher Education

The availability of the above mentioned documents will make a foreign

national eligible for consideration for a fixed contract period. Extension

of the contract will be granted on condition that no South African citizen is

available.

11.4 REQUIREMENTS FOR APPOINTMENT AT PROMOTIONAL LEVEL

Clearly demonstrated evidence of excellent teaching is an essential

criterion for appointment, advancement or promotion.

11.5 REQUIREMENTS FOR APPOINTMENT AT HOD LEVEL

The role of the Head of Department is to contribute to the enhancement of

such quality teaching practices in all schools by providing support for the

professional growth of other educators in the school through a fundamental

goal of education which is to contribute to high outcomes for all learners.

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The HOD is a highly effective classroom teacher who consistently

demonstrates exemplary practice by demonstrating expertise and refined

strategies in the practice of teaching.

The eligibility requirements for an HOD are set as a guide to provincial

departments to appoint an experienced, well established teacher, with

demonstrated knowledge about and expertise in teaching, to a professional

learning leadership role in the school. This level of experience and expertise

has been shown to be essential to the success of the role in a school.

Certain knowledge, skills, experience and personal qualities make for an

effective HOD who is able to fulfil the aims and objectives of the role and

demonstrate expertise in a number of areas. In order to be eligible for the

HOD role, a teacher must:

Be a permanently appointed registered teacher, and

Have at least 3years total teaching experience in the:

Relevant phase advertised

Relevant subject or field advertised (e.g. two of the three subject)

Meet other criteria in the agreed guidelines

In judging the effectiveness of a candidate’s teaching, the committee should

consider such points as the following:

a) The candidate’s command of the subject;

b) Continuous growth in the subject field;

c) Ability to organize material and to present it with force and logic;

d) Use of evidence to guide teaching and learning;

e) Demonstrating a sound knowledge of the theory and practical application

of curriculum, learning and assessment;

f) Demonstrates a strong commitment to being a highly effective classroom

teacher

g) Being conversant with current educational research, best practice and

current issues and initiatives in education to inform teaching practice;

h) Capacity to awaken in learners an awareness of the relationship of the

subject to other fields of knowledge;

i) Ability to arouse curiosity in learners and to encourage high standards;

j) Personal attributes as they affect teaching and learners;

k) Extent and skill of the candidate’s participation in the general guidance,

mentoring, and advising of learners; and

l) Effectiveness in creating an academic environment that is open and

encouraging to all learners.

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11.6 APPOINTMENT OF NON SOUTH AFRICAN CITIZENS AS HODS

Non SA citizens will be considered for promotion into Post Level 2 (HOD)

for a three-year contract in Mathematics and Science posts only provided

that no SA citizen is available. The posts will be re-advertised when the

three-year contract expires.

11.7 REQUIREMENTS FOR APPOINTMENT AT DEPUTY PRINCIPAL LEVEL

To be eligible for appointment as deputy principal, the teacher must have:

a) A total of 5 teaching experience; and

b) Two of the five served as HOD.

Candidates for the post(s) must be expected to have keen intelligence,

reasoning powers, imagination and judgement. They must possess an

aptitude for analytical thought and a proven record of willingness to take the

initiative and adopt a proactive approach.

The candidate must have proven:

a) Management skills;

b) Planning and organisational skills;

c) Excellent communication and presentation skills with sound knowledge

and practice of teaching and learning to other educators across subjects,

class and school contexts;

d) Team leadership skills with good motivational skills and be capable of

working well on one's own or as a member of a team;

e) Successful collaboration with other educators to improve teaching

practice;

f) Successful experience in mentoring beginning educators;

g) Successful experience in mentoring/coaching other educators;

h) Purposeful relationships with learners, families, communities and

colleagues;

i) The trust, respect and confidence of teaching staff and personal status

within the school;

j) Demonstrated a commitment to ongoing professional learning;

k) Shown respect for diversity and appreciation of differences e.g. culture,

gender, ethnicity, in both students and colleagues, demonstrating the

ability to respond flexibly and appropriately to the needs of diverse

learners and educators; and

l) A strong focus on quality customer service.

11.8 REQUIREMENTS FOR APPOINTMENT AT PRINCIPAL LEVEL

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It must be acknowledged the highly complex and multi-skilled nature of

effective principalship demands serious consideration of the

appointment process of principals. The school principal has a significant

impact on learner achievement. The knowledge, skills, and disposition

that a principal brings to the leadership of a school affect nearly all facets

of the learning environment.

Given these realities, the selection of a principal demands devoting more

time and resources to uncover the right talent for the position. Selecting

the right person to lead a school is a process worthy of investing time

and money.

In addition to equality, equity and other democratic values and principles

enshrined in the Constitution and the provisions of Section 7 (1) of the

Employment of Educators Act), the following criteria must be applied:

a) 7 years teaching experience;

b) At least three years, of the seven (7) years, as a Head of Department

or Deputy Principal, depending on the size of the school;

c) Must have a track record verified by the provincial Department of

Education, indicating leadership experience;

d) Competency assessment;

e) Training in school management and leadership or entry-level

Qualification; and

f) All the above criteria must be met.

12 ADVERTISEMENT OF POSTS

The general rule is that qualified educators shall be appointed to all teaching and

promotional positions. No question shall be asked nor information sought in any

form from a candidate which might be construed as being discriminatory on

grounds of gender or marital status e.g. questions in regard interests and skills

which would favour men rather than women applicants or vice versa. The

advertisement must not indicate an intention to discriminate or contain

information in any form which might reasonably be understood as indicating an

intention of this kind

To ensure that the objectives of advertising vacant positions are met, the

following principles shall apply:

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a) An advertisement shall not favour, prejudice or discriminate against any

applicant;

b) An advertisement must be consistent with the job content and post

requirements, while being brief and clear;

c) The vacancy shall be advertised to attract the widest pool of applicants

especially the designated group in a cost effective manner;

d) Unreasonable combinations of requirements must be avoided e.g. HOD for

Maths, Science and IsiZulu;

e) The Department should ensure that advertisements are accessible to

attract applications from people with disabilities;

f) The Department shall use various media options to advertise vacant

positions;

g) The HoD reserves the right to withdraw / amend an advertisement for the

post including the right not to fill the post(s).

13. APPLICATIONS

Individuals are to submit an official application form from the provincial education

department to be considered for appointment to a teaching post. Curriculum vitae

are not necessary for first time applicants for post level 1 posts. A provincial

determined form can be designed for this purpose. Applicants for promotional

posts must attach comprehensive curriculum vitae.

Applications with curriculum vitae, originally certified copy of qualifications and

details of experience and references must reach the relevant office by the set

closing date if they are to be considered for selection.

The following serves as minimum information that can be contained in a

curriculum vitae.

a) Personal details about the candidate

Name

Date of birth

SACE registration number

Address

Telephone number

Mobile telephone number

E-mail address

b) Qualifications

Indicate university degrees, including year, qualification title, subject and

higher education institution. Any doctoral thesis appraisal should also be

enclosed.

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c) Other education qualifications

State any other relevant education/training and degrees, certificates or

diplomas

d) Employment history

Current employment, including the exact job title and duration.

Previous employment, including job titles and duration reasons for

leaving.

e) Other information

Involvements (professional and community), achievements, etc.

List of enclosed documents

f) List of 3 referees

g) Signature

14. SIFTING

All applications must be screened to ensure that the applicants meet the

minimum requirements for the post as advertised. Each PED is responsible for

the initial screening by checking the completeness of the application,

appropriateness of the qualification and experience and attachment of certified

copies of certificates. The provincial department shall handle the initial sifting

process to eliminate applications of those candidates who do not comply with

minimum requirements or eligibility criteria for the post(s) as stated in the

advertisement.

The provincial department has to compile lists of non-qualifying applications

separate from qualifying ones. The list must include reasons for disqualification.

The following criteria are used by the Department for sifting:

a) Correct post number and reference number

b) Correct application form

c) Relevant years of experience (e.g. 7 years for principals)

d) Relevant attachments e.g. qualifications

e) Closing date (late submission)

Application forms of candidates that comply with the minimum requirements of

the advertised posts are then handed over to the Interview Committee of the

relevant institutions for short-listing.

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Non qualifying application forms must be kept behind when the rest of the forms are

delivered to panels to continue with the selection process.

15. SELECTION COMMITTEES

15.1 PRINCIPLES

a) All Selection Committee members are obliged to a sign declaration

form and shall be expected to maintain confidentiality.

b) The interviewing of candidates and deliberations of selection

committees as well as their recommendations and documentation are

confidential and should not be divulged other than in the execution of

official duties or to authorised persons.

c) Where a member of the panel has a conflict of interest, she/he must

disclose this information to the panel and it is advisable for her/him to

withdraw from the a selection panel:

15.2 FUNCTIONS OF THE PANEL

The panel is expected:

a) Appoint a scribe if not already provided;

b) Invite unions and the SGB to observe the selection process;

c) Develop shortlisting criteria and score sheet;

d) Draw up a shortlist of candidates;

e) Draw up interview criteria and question;

f) Conduct interviews; and

g) Make recommendation for appointment.

15.3 DISCLOSURE OF INTEREST

A member of the selection committee or panel who stands in a material

relationship to a person who is a candidate for appointment as an educator

or other member of staff of the school including the principal shall disclose

to the department the fact of the relationship. Panel members are required

to make disclosure not only in the case of a family relationship but in

respect of any relationship which could be regarded as prejudicial to

ensuring absolute impartiality in the selection process and take no part in

any decision concerning the appointment.

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Personal relationships are defined as relationships which extend beyond

professional relations, based on factors irrelevant to the working

competencies of staff.

16. COMPOSITION OF THE PANEL

In the spirit of cooperative and participative governance, School Governing

Bodies must participate in the appointment processes of educators. This

will involve a governing body convening a special fully fledged meeting to

select three (3) of its members to serve in the panel to conduct shortlisting

and interviews to recommend for the appointment of educators at levels 2

- 4 together with two (2) appointed departmental officials. The SGB must

elect members with the capacity to conduct the selection process or co-opt

members who have the required skills to perform the task on behalf the

governing body. One union representative per union that is a party to the

ELRC as observers

16.1 EDUCATOR POST LEVEL 1

16.1.1 Section 6A of the Employment of Educators Act provides that in

the case of a first appointment or an appointment after one or more

years’ break in service to any provincial Department of Basic

Education, the employer may—

(a) receive applications from first-time applicants or applicants

returning after a break in service;

(b) process the applications and match applications to vacant posts;

and

(c) make appointments to a school subject to subsection (2).

16.1.2 The appointment contemplated in section 6A may only be made after

the employer has:

(a) consulted the relevant governing body on the specific post and

the requirements thereof;

(b) ensured that the applicant to be appointed matches the

requirements of the post; and

(c) ensured that the applicant has prescribed qualifications.

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16.1.3 The selection process must be chaired and conducted by officials of

the Provincial Education Department and panel members must

include principal and Departmental Head).

17. SELECTION PROCESS AND THE ROLE OF THE PROVINCIAL

DEPARTMENT

The provincial departments will be responsible for the following:

a) Appointing a selection panel which has both professional expertise and local

knowledge;

b) Ensuring that the composition of the interviewing committee show

representivity on the basis of race, colour, creed, sex, marital status,

disability etc;

c) Conducting periodic/regular orientation and capacity building sessions with

the Interviewing Committee to enhance its understanding of the selection

and interview processes;

d) Developing the interview plan that will include the structure, types of

questions to be asked, interviewing techniques, rating format and final

recommendation;

e) Making the necessary arrangements for a competence test of the shortlisted

candidates;

f) Ensuring that the selection process is transparent, fair, non-discriminatory

and in keeping with the Constitution of the country;

g) Ensuring that all applicants are provided equal opportunity for promotion

regardless of party politics, organizational politics, race, colour, creed sex,

marital status, disability etc;

h) Ensuring that appointment is made on the basis of a candidate’s ability,

potential, experience, academic qualification and job requirements;

i) Ensuring that all members of the committee sign the declaration of

confidentiality before the start of the short-listing and interview process;

j) Ensuring that members of the committee declare in advance of any

relationship or close friendship with any of the candidates which to an

outsider could suggest bias which might be a factor in any final

recommendation for appointment;

k) Ensuring that follow ups on references are made to check specific

information about the applicant’s capabilities as well as professional

qualifications that are not clear in the candidate’s application documents, to

help in averting fraudulent submission of documents by applicants;

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l) Ensuring that the candidates are informed in time of the date, time and place

of the interview; and

m) Addressing disputes that may arise.

The panel is expected to conduct two processes in the presence of observers namely

shortlisting and interviews and then make a recommendation for appointment.

18. SHORTLISTING

The application forms must not be opened until after the criteria have been

established and recorded. Setting the criteria is the work of the whole panel, not

any one member or sub-committee of it.

The Interview Committee may conduct shortlisting subject to the following

guidelines:

a) The criteria used must be fair, non-discriminatory and in keeping with the

Constitution of the country.

b) The curricular needs of the school.

c) The obligations of the employer towards serving educators.

d) The list of shortlisted candidates for interview purposes should not exceed

five per post.

e) Criteria for selection should link directly to the job description

f) For each listed criterion outline the key competencies

g) Distinguish between essential skills and abilities (without them a candidate

could not do the job) and desirable skills and abilities (which would be an

added bonus)

h) Add any overriding factors that are relevant

i) Selection panel shall establish criteria for assessment of the applicants which

takes into account requirements of the post such as:

Qualifications;

Subject specialisation;

Relevant phase; and

Applicable national and provincial legislations

The referees of the five best applicants chosen to be interviewed may be

contacted to comment on the applicants’ personal qualities and professional

competence.

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19. INTERVIEW

This is the process where the panel meets to do an overall assessment of

candidate’s suitability for appointment. Candidates may at this stage also be

invited to make a presentation as part of the selection process. The interviewing

panel must remain unaltered until the entire selection processes is completed.

The panel prior to interviewing the candidates shall establish in writing the criteria

for the assessment of candidates, having regard to appropriate legislation and

the requirements of the post. Each criterion should be distinct and separate –

should not overlap. The panel must assign a weighting to each criterion to reflect

its degree of importance to the post.

The determination of the criteria and the weighting must be followed by the

development of questions a few hours before interviews commence to avoid the

leaking of questions. Score sheets are also developed during this preparatory

stage.

The entire preparatory meeting for interviews must take place in the presence of

observers.

All panel members are expected to score or awards marks to the candidates

using the agreed upon score sheet while taking accurate notes of the candidates’

responses to support the score awarded. The notes will become handy during

the deliberations of ranking the candidates in terms of priority.

All the panel members and observers must append their signatures on each

score sheet before the scribe collects records the scores.

20. RECOMMENDATION

Ranking all applicants

At the end of the interviews, each member of the panel should have completed

a rating form for each applicant. The panel must reach a decision as soon as

possible. Individual marks shall be added and these totals used to produce a

ranking order of candidates deemed suitable for appointment. The panel must

rank all the applicants interviewed in order of their preference and motivate the

ranking of each applicant.

Comments by referees of the five best applicants on the applicants’ personal

qualities and professional competence should be considered at this stage.

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A decision concerning the appointment of an educator in a promotional post must

be based upon an integrated assessment of both the interview competency

assessment outcomes.

The following documents must accompany the recommendation of the panel:

a) Advertisement;

b) Established criteria for post;

c) Invitations to unions;

d) Minutes of both shortlist and interview minutes;

e) Attendance registers;

f) Short listing criteria;

g) Interview criteria and weighting;

h) Interview questions;

i) Signed individual & aggregate marking sheets for each candidate;

j) Reports and notes of the selection the panel; and

k) Decision of the selection panel.

21. THE ROLE OF UNIONS

The organised teaching profession also has a stake in the fair and just transfer

or appointment of every educator in the system. Unions admitted to the ELRC

must be invited to observe the entire selection process from shortlisting to the

finalisation of the recommendation.

Educators' unions play role of observing the compliance with the legal

prescriptions. The role of the teacher unions is not to interfere with the

appointment process by influencing any of the decisions during the shortlisting,

interviewing or recommendation phases. Observers are there to observe that fair

procedures are adhered to during the above mentioned without actively

participating in the processes. They may note objections where fair procedures

are not followed and lodge a grievance with the Head of Department. However,

as observers the unions may bring any unfairness or procedural irregularities to

the attention of the panel for a speedy resolve if need be.

The only recourse available to union observer is to lodge a grievance on the

basis of non-adherence to procedure and not the outcome of the shortlisting or

interviewing process.

22. RATIFICATION OF RECOMMENDATION

22.1 REVIEW COMMITTEE

The provincial department must establish a Review Committee to ratify

the recommendation of the selection panel. The Committee may be

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chaired by the Director responsible for Human Resources Management

and above. Members of the committee must be drawn from various

sections of the department at Deputy Director or Chief Education

Specialist level.

22.2 PURPOSE AND RESPONSIBILITY OF THE REVIEW COMMITTEES

It is the duty of the Review Committees to ratify the work of the selection

panel to ascertain the present fitness of each candidate and the

likelihood of the candidate’s pursuing a productive career. In judging the

fitness of the candidate, it is appropriate to consider professional integrity

and competency as evidenced by performance of duties.

The review committee shall assess the adequacy of the evidence

submitted. If in the committee’s judgment the evidence is insufficient to

enable it to reach a clear recommendation, the committee chairperson,

through the panel, shall request amplification. In every case all

obtainable evidence shall be carefully considered. If in assessing all

obtainable evidence, the candidate fails to meet the criteria set forth in

the selection process, the committee should recommend accordingly.

The review committee shall judge the candidate with respect to the

proposed rank and duties, considering the record of the candidate’s

performance in teaching, management and competency to verify

alignment with the panel’s recommendation.

The team should use all information at their disposal to assess every

candidate recommended by the SGB in order to advise the HoD to make

an informed decision in approving or declining the recommendation of

the panel. The information will include:

a) Competency test results;

b) Interview score sheet and outcomes;

c) Adherence to the set criteria by the SGB;

d) Disciplinary records of the candidate; and

e) Performance of the candidate as a teacher at school.

23. DECISION BY THE HEAD OF DEPARTMENT

The Head of Department must consider the recommendations of the SGB and

comments made by the review committee to make the final decision whether to

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appoint or not the recommended candidate. The SGB is then informed of the

department’s decision accordingly.

Should the Head of Department decline the recommendation of the SGB and the

comments of the review committee, the Head of Department must provide

reasons in writing. Section 3 (b) of the Employment of Educators Acts will apply.

The Head of Department may only decline the recommendation if:

a) Any procedure collectively agreed upon or determined by the Minister for the

appointment, promotion or transfer has not been followed;

b) The candidate does not comply with any requirement collectively agreed upon

or determined by the Minister for the appointment, promotion or transfer;

c) The candidate is not registered, or does not qualify for registration, as an

educator with the South African Council for Educators;

d) Sufficient proof exists that the recommendation was based on undue

influence; or

e) The recommendation did not have regard to the democratic values and

principles referred to in Section 7 (1).

If the Head of Department declines a recommendation in terms of Section 3 (b),

the governing body concerned shall make another recommendation in

accordance with Section 3 (a), for consideration by the Head of Department.

The role of the Head of Department in the appointment processes may be

delegated in writing to the District Director in line with the Policy on the Roles and

Responsibilities of Education Districts.

23 THE UNFAIR LABOUR PRACTICE RELATING TO PROMOTION

23.1 It is only the conduct of an employer that can constitute an unfair labour

practice. School governing bodies are not the employers of educators

employed in terms of the Employment of Educators Act. Before a decision

to appoint has been taken by the Head of Department as employer, based

on the recommendation of the school governing body, the employer cannot

be held responsible for any unfair conduct by a school governing body or

interview committee committed during the recruitment and selection

process. 1

1Reddy v KZN Department of Education & Culture (2003) 24 ILJ 1358 (LAC)

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23.2 The referral of a promotion dispute before the Head of Department as

employer has taken a final decision to appoint, is premature and should be

dismissed. 2 Where the employer decides to re-advertise or repeat a

process, the referral of a promotion dispute will also be premature.3Only

once a final decision has been made not to appoint an aggrieved employee,

can the employee refer an unfair labour practice relating to promotion. 4

23.3 An employee who alleges that he is the victim of an unfair labour practice

bears the onus of proving the claim on a balance of probabilities.5 The

employee must prove not only the existence of the labour practice, but also

that it is unfair.6

23.4 An employee who refers a promotion dispute must do more than just

demonstrate that he has the minimum advertised qualifications and

experience. He must allege and prove that the decision not to appoint him

was unfair.7 Mere unhappiness or a perception of unfairness does not

establish unfair conduct.8 What is fair depends upon the circumstances of

a particular case and essentially involves a value judgement.9

24 PROBATION

All newly appointed educators will be subjected to a probationary period of 12

months.

Continuing employment will contain a reasonable probationary period that is

directly related to the nature of the work to be carried out under the contract.

The purpose of the probationary period is to establish whether there is an

appropriate match between the person, the job and the work environment, and

whether a good working atmosphere has been established within the work

2Reddy v KZN Department of Education & Culture (2003) 24 ILJ 1358 (LAC); Department of Justice v

CCMA & others (2004) 25 ILJ 248 (LAC); SAPS v SSSBC (2010) 31 ILJ 2711 (LC)

3Department of Justice v CCMA & others (2004) 25 ILJ 248 (LAC) 4Department of Justice v CCMA & others (2004) 25 ILJ 248 (LAC) 5Grogan Dismissal, Discrimination and Unfair Labour Practices (2nd ed) at 48; Ethekwini Municipality v

SA Local Government Bargaining Council & others [2009] JOL 23625 (LC)

6Grogan Dismissal, Discrimination and Unfair Labour Practices (2nd ed) at 48; Provincial Administration Western Cape (Department of Health & Social Services) v Bikwani (2002) 23 ILJ 761 (LC) para 32

7Ndlovu v CCMA (2000) 21 ILJ 1653 (LC) 8Du Toit et al Labour Relations Law (5th ed) 488 9National Education Health & Allied Workers Union v UCT (2003) 24 ILJ 95 (CC) par 33

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group. Successful probation requires both the employee and the supervisor to

be satisfied with the arrangements.

Before the end of the probation specified in the staff member’s contract, a

decision must be made as to whether the staff member should continue in

employment or in the case of not meeting the probation criteria, be returned to

his/her previous position or dismissed.

25 PROBATION AND CONFIRMATION

a) The educator must receive feedback throughout the probationary period;

b) Formal performance appraisals must be conducted quarterly and written

records must be kept;

c) At the end of the probation period the departmental official must make a

recommendation to either appoint permanently, extend the probation period

or return the educator to the original position based on poor performance.

Probation periods do not apply where the type of employment is unchanged

and in cases of transfer or secondment.