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					                             UMnyango WezeMfundo                                   Lefapha la Thuto
                             Department of Education                      Departement van Onderwys




                                                                          Circular 09 /2003
                                                                            Date: 12 February 2003



                                          (a)      Remuneration of employees by
                                                   School Governing Bodies and
                                                   Councils and office-based
                                                   employees in addition to
                      Topic
                                                   departmental emoluments (salary)
                                          (b)      Application for remuneration for
                                                   employment outside formal
                                                   scheduled working time


                                          1.       Application for Permission - Additional
                                                   Remuneration
              Enclosures                  2.       Application for Permission and Letter of
                                                   undertaking: Remunerative work outside
                                                   Scheduled Working Time



                                                 Divisional Managers and Managers at Head
                                                  and District Offices,
                                                 Principals of all Public Schools,
               Distribution                      Chief Executive Officer’s of FET institutions
                                                 Members of School Governing Bodies and
                                                  Councils
                                                 Relevant Unions and Organisations




                  Enquiries                               The relevant District Office


On request, this circular will be
made available in isiZulu, Sepedi
and Afrikaans within 21 days

        This circular is also available on the GDE website: www.education.gpg.gov.za


                                    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: ceogde@gpg.gov.za OR mallelep@gpg.gov.za
              APPLICATION BY EMPLOYEES FOR PERMISSION -

     A)   To receive remuneration additional to Departmental salary from a
          School Governing Body (SGB), Council, District or Head Office.

     B)   To do remunerative work outside Scheduled Working Time.



1.   PURPOSE OF THIS CIRCULAR

      To inform School Governing Bodies (SGBs), Councils and office-based employees
       of the guidelines and procedures in relation to the payment of remuneration to
       employees, in addition to a departmental salary, for the performance of duties;
      To inform employees of the procedures to be followed when seeking remunerated
       employment outside formal scheduled working time;
      To repeal Circular 31 of 2001 regarding permission to perform remunerative work
       outside of Gauteng Department of Education employment with effect from 1
       January 2003; and
      To inform School Governing Bodies, Councils and employees of any further steps
       envisaged by the Department in the event of breaches of these provisions.


2.   SCOPE OF APPLICATION

      School Governing Bodies as contemplated in terms of section 16(1) of the South
       African Schools Act, No 84 of 1996 (as amended)
      Councils, i.e. governing bodies of public further education and training institutions
       as contemplated in terms of section 8 of the Further Education and Training Act, No
       98 of 1998.
      Employees appointed in terms of the Employment of Educators Act No. 76 of 1998
       (as amended) and the Public Service Act, 1994 (Proclamation 108 of 1994), as
       amended.


3.   LEGISLATIVE FRAMEWORK

      National Education Policy Act, No 27 of 1996, as amended
      South African Schools Act, No 84 of 1996, as amended [s. 16(1), s. 37(6)].
      Employment of Educators Act, No. 76 of 1998 (as amended) [s. 18(1)(n), s. 33]
      Regulations regarding the Terms and Conditions of Employment of Educators
       (Government Notice R1743) as amended [Item 14]
      Public Service Act, 1994 (Proclamation 108 of 1994) as amended
      Income Tax Act, No 58 of 1962, as amended [section 79]




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     SECTION A: PAYMENT MADE TO EMPLOYEES IN ADDITION TO
     DEPARTMENTAL SALARY, BY A SCHOOL GOVERNING BODY,
     COUNCIL, DISTRICT OR HEAD OFFICE



4.   The National Education Policy Act, No. 27 of 1996, as amended, provides for the
     determination of national policy for education, which includes the determination of
     policy on salaries and conditions of employment (s. 3 of the National Education Policy
     Act, No. 27 of 1996, as amended).

     In accordance with s. 37(6) of the South African Schools Act, No 84 of 1996, as
     amended, the school fund established by the governing body must be used only for
     educational purposes within the legislative framework. In implementing section 37(6),
     note must be taken of the provision of section 20(9) of South African Schools Act,
     1996 which provides that the annual budget must indicate details of additional posts
     being provisioned for by the School Governing Body and the manner in which it is
     proposed that such costs will be met.

     Section 37(2) of the South African Schools Act, 1996, provides that a school should
     have no funds other than its school fund.

     No educator employed in terms of the Employment of Educators’ Act may receive any
     remuneration, including unauthorized remuneration, allowance or reward from a SGB
     in addition to his or her departmental salary for the performance of his/her work with
     the Gauteng Department of Education (Item 14 of the Regulations regarding the
     Terms and Conditions of Employment of Educators).

     In terms of section 33 of the Employment of Educators’ Act (1998) no educator may
     perform remunerated work outside his or her official duty without the permission of the
     employer, or may claim additional remuneration in respect of any official duty or work
     which the educator performs voluntarily or has been ordered to perform by a
     competent authority.

     Section 30 (b) and (c) of the Public Service Act, 1994 states that no employee shall
     perform or engage him- or herself to perform remunerative work outside his or her
     employment in the Public Service, without permission granted by the relevant
     executing authority or an officer authorized by the said authority; and no employee
     may claim any additional remuneration in respect of any official duty or work which he
     or she performs voluntarily or is requested by a competent authority to perform.

     In view of the above, notice is hereby given to all School Governing Bodies, Councils,
     District and Head Office officials that, all current practices where perks, housing,
     bonuses, credit card usage, petrol and car usage, entertainment allowances, home
     telephone or cellphone accounts or any remuneration or benefits whatsoever is
     payable to employees, is not permitted and School Governing Bodies, Councils,
     District and Head Office officials must end with immediate effect. In order to receive
     such perks or additional remuneration, employees through their School Governing
     Bodies, Councils and authorised District and Head Office employees must apply to the
     Department for permission. No application for retrospective permission will be
     allowed.



                                                                                              3
      The authority to grant permission to School Governing Bodies, Councils, District and
      Head Office to remunerate employees in addition to their departmental salaries and to
      perform remunerative work outside of Gauteng Department of Education employment
      is delegated to the Divisional Manager: Human Resource Development, Management
      and Systems (HRDM&S).




      SECTION B: APPLICATION FOR REMUNERATIVE EMPLOYMENT OUTSIDE
                    FORMAL SCHEDULED WORKING TIME.




5.    Scheduled working time is defined in terms of section 23 of the Employment of
      Educators’ Act, 1998 and Chapter A, paragraph 3 of the Personnel Administration
      Measures (PAM) as well as Chapter 1 Part VI(B) of the Public Service Regulations,
      1999, as amended.

      In terms of section 33 of the Employment of Educators’ Act (1998) and section 30 of
      the Public Service Act, 1994, no employee may perform remunerated work outside his
      or her official duty without the permission of the employer, or may claim additional
      remuneration in respect of any official duty or work which the said employee performs
      voluntarily or has been ordered to perform by a competent authority.

      If any remuneration, allowance or other reward is received by an employee in
      connection with the performance of his or her work with the employer, other than the
      provisions of the abovementioned Acts or regulations, that employee shall pay into the
      relevant Provincial Revenue Fund an amount equal to the amount of such
      remuneration, reward or allowance.

      The Department also reserves the right to recover any unauthorized remuneration or
      gift received by its employees by way of legal proceedings or in such other manner as
      the Treasury may approve, and be paid into the Provincial Revenue Fund.


6.    FURTHER STEPS BY THE DEPARTMENT

6.1   In view of the provisions of section 79 of the Income Tax Act, all employees are
      hereby advised to declare any remuneration, allowance or other reward, as referred to
      above, per tax year for any period of time. The School Governing Body, Council,
      District of Head Office officials must provide an employees tax certificate (IRP 5) to
      substantiate this declaration. Any such remuneration/declaration may be subject to an
      audit of the institution’s account by the South African Revenue Services (SARS).

6.2   In accordance with section 18(1)(m) and (n) of the Employment of Educators’ Act and
      Resolution 2 of 1999 of the Public Service Co-ordinating Bargaining
      Council (PSCBC), i.e. the Disciplinary Code and Procedures for employees employed
      in terms of the Public Service Act, 1994, disciplinary action may be
      taken against an employee who without prior permission of the employer, accepts any
      commission, fee, pecuniary or other reward to which the employee is not entitled to by

                                                                                              4
     virtue of the employee’s office, or fails to report to the employer of any such
     commission, fee or reward.


7.   CURRENT PROCESS

     No permission will be granted retrospectively for receipt of additional remuneration.
     The practice of receiving additional remuneration must cease with immediate effect.
     The School Governing Bodies and Councils are hereby instructed to, with immediate
     effect, give 1 (one) month’s notice of their intention to terminate this practice to all
     recipients of additional remuneration. The current process involves guidelines that
     would determine the basis on which the application for permission is considered.
     These guidelines include the following:

     i    The purpose for which the additional remuneration is requested must be specified
          in detail;
     ii   The period for which such permission is requested must be specified and such
          period may not exceed a period of one financial year.
     iii Fees which are collected at either the school or the FET institution must not be
          used for this purpose;
     iv The School Governing Body, Council, District or Head Office must indicate the
          source of the money that would be utilised for such remuneration and must
          provide confirmation from the source(s) specified that the money may be used for
          such purpose.
     v    The School Governing Body, Council, District or Head Office must declare any
          such individual amounts to the Receiver of Revenue;
     vi The School Governing Body, Council, District or Head Office must issue an IRP 5
          certificate for each individual to specify the benefits or amounts paid;
     vii Payments made to each individual employee by the School Governing Body must
          be disclosed in the budget even though same is not part of the school fund;
     viii Evidence (proof) of each individual payment must be disclosed in full to parents
          in the budget presented during a parents’ meeting. Copies of the minutes of the
          meeting where such a disclosure was made must be furnished.

     The measures mentioned above are introduced to promote transparency and
     accountability and to ensure administrative justice.

     In order to apply for permission, documentary proof of the information required above,
     must be attached to the annexure to Part B. The School Governing Body, Council and
     Senior Management at the District Office or Senior Management at the relevant Head
     Office directorate need to complete the prescribed form for approval by the Divisional
     Manager: Human Resource Development, Management and Systems (HRDM&S).

     As from 1 January 2003 the Gauteng Department of Education will be putting
     mechanisms in place to check on compliance with the circular.

     The Gauteng Department of Education in terms of this circular absolves itself from any
     liability that may be incurred subsequent to circulation of this circular if such practices
     as mentioned herein were conducted in the absence of permission being granted by
     the Department.

     __________________________
     MALLELE PETJE
     Chief Executive Officer

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6
                            UMnyango WezeMfundo                              Lefapha la Thuto
                            Department of Education                 Departement van Onderwys




              APPLICATION FOR PERMISSION – ADDITIONAL REMUNERATION


FORM 1 - APPLICATION FOR PERMISSION TO RECEIVE ADDITIONAL EMOLUMENTS
FROM A SCHOOL GOVERNING BODY, FET COUNCIL, DISTRICT OFFICE OR HEAD OFFICE


PART A – TO BE COMPLETED BY THE EMPLOYEE


I, ______________________________(Surname & initials), Persal no ______________________
Id.No. _____________________________ Designation _________________________________
employed at ______________________________ hereby apply for permission from the Gauteng
Department of Education to receive additional remuneration/emoluments from the School Governing
Body/Council/District Office/Head Office for services rendered in addition to the duties as specified in
my contract of employment.


1.     I am fully aware of regulatory provisions in this regard, i.e. (Tick where applicable)


      Section 37(6) of the South African Schools Act, No 84 of 1996, as amended, that states that

       the school fund established by the governing body must be used only for educational
       purposes within the legislative framework; and section 37(2) that states that that a school
       should have no funds other than its school fund.


      Item 14 of the Regulations regarding the Terms and Conditions of Employment of Educators

       which states that no educator employed in terms of the Employment of Educators’ Act may
       receive any remuneration, including unauthorized remuneration, allowance or reward from a
       School Governing Body/Council in addition to his or her departmental salary for the
       performance of his/her work with the Gauteng Department of Education; and




                                                                                                       7
      Section 33 of the Employment of Educators’ Act (1998) no educator may perform

       remunerated work outside his or her official duty without the permission of the employer, or
       may claim additional remuneration in respect of any official duty or work which the educator
       performs voluntarily or has been ordered to perform by a competent authority.



      Section 30 (b) and (c) of the Public Service Act, 1994 states that no employee shall perform

       or engage him- or herself to perform remunerative work outside his or her employment in the
       Public Service, without permission granted by the relevant executing authority or an officer
       authorized by the said authority; and no employee may claim any additional remuneration in
       respect of any official duty or work which he or she performs voluntarily or is requested by a
       competent authority to perform.


2.    The details of the services rendered for which such remuneration/emoluments are paid are as
      follows:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________


       ____________________________                                       ______________
       APPLICANT’S SIGNATURE:                                             DATE:




                                                                                                        8
PART B – TO BE COMPLETED BY THE CHAIRPERSON OF THE SCHOOL GOVERNING
BODY/COUNCIL/SENIOR MANAGER AT District Office OF HEAD OFFICE DIRECTORATE/
UNIT
The following information with regard to the application of __________________________(Surname
& initials of educator), Persal no ______________________ Id.No. ___________________________
Designation _________________________________ employed at ___________________________
with regard to his/her application for permission to receive additional emoluments refers:
The following guidelines have been complied with:
                                                                                           Tick if
         Guidelines                                                                        complied
                                                                                           with:
         The purpose for which the additional remuneration is requested, is as listed
         above in part A, paragraph 2
         The period for which such permission is requested, is
         _____________ to ________________
         Funds at the institution are not used for this purpose
         The School Governing Body/Council/District Office/Head Office must
         indicate the source of the money that provides for such remuneration and
         confirmation from the source specified that the money may be used for this
         purpose (report attached)
         The School Governing Body/Council/District Office/Head Office must declare
         any such individual amounts to the Receiver of Revenue (documentary
         proof attached )
         The School Governing Body/Council/District Office/Head Office must issue
         an IRP5 document for each individual to specify the benefits or amounts
         paid (copy of IRP5 attached)
         Payments made to each individual educator must be specified in the budget
         (copy of budget attached)
         Evidence (proof) of each individual payment must be disclosed in full to
         parents in the budget presented during a parents’ meeting (copies of the
         minutes of the meeting where such a disclosure attached)


I hereby certify that that all the guidelines with regard to granting permission for additional
remuneration have been complied with.


____________________________                                         ______________
CAPACITY OF SIGNATORY:                                               DATE:
APPROVAL GRANTED/NOT GRANTED


____________________________                                         ______________
CHIEF DIRECTOR: HRDM&S                                                       DATE:




                                                                                                      9
FORM 2 - APPLICATION FOR PERMISSION TO DO REMUNERATIVE WORK OUTSIDE
SCHEDULED WORKING TIME AND UNDERTAKING WITH REGARD TO NON-
INTERFERENCE WITH OBLIGATIONS IN THE GAUTENG DEPARTMENT OF EDUCATION.


PART A - APPLICATION FOR PERMISSION


I, ______________________________(Surname & initials), Persal no ______________________
Id.No. _____________________________ Designation _________________________________
employed at ______________________________ hereby apply in terms of section 33(1)(b) of the
Employment of Educators’ Act, 1998 (Act 76 of 1998) or section 30 (b) and (c) of the Public Service
Act, 1994, for permission to perform remunerative work outside of my official duty or work.


____________________________                                      ______________
APPLICANT’S SIGNATURE:                                            DATE:


APPROVAL GRANTED/NOT GRANTED




____________________________                                      ______________
CHIEF DIRECTOR: HRDM&S                                            DATE:




                                                                                                      10
PART B - LETTER OF UNDERTAKING WHEN APPLYING FOR PERMISSION FOR
REMUNERATIVE WORK OUTSIDE EMPLOYMENT


I am fully aware of sections 33(1)(a), (b) and (c) of the Employment of Educators’ Act, 1998 (Act 76
of 1998) as amended read in conjunction with regulation 14(1)(a) of the Regulations regarding the
Terms and Conditions of Employment of Educators of 13 November 1995; and sections 29(a), 30(c)
and 31(a) of the Public Service Act, 1994 (Proclamation 108 of 1994), which states that:


(a)      Every government employee shall place the whole of his or her time at the disposal of the
         State.


(b)      No employee shall perform or engage him- or herself in remunerative work outside his or her
         employment in the Public Service without permission granted by the relevant executing
         authority or an officer to whom this power has been delegated.


(c)      If any remuneration, allowance or other reward is received by an employee in connection with
         the performance of his or her work with the employer, other than the provisions of the
         abovementioned Acts or regulations, that employee shall pay into the relevant Provincial
         Revenue Fund an amount equal to the amount of such remuneration, reward or allowance.


The Department also reserves the right to recover any unauthorized remuneration or gift received by
its employees by way of legal proceedings or in such other manner as the Treasury may approve,
and be paid into revenue.


If my application for remunerative work outside employment is approved, I undertake to abide by the
following conditions:


      a. I will avail myself at all times to fulfill the needs of the Gauteng Department of Education.
      b. I will not use Gauteng Department of Education’s resources to execute any work outside my
         obligation as a Gauteng Department of Education employee.
      c. My work outside my official work as a Gauteng Department of Education employee will not
         interfere with my performance during office hours.
      d. I accept that should this relaxation be granted it would be a priviledge and may be
         withdrawn at any stage by the employer.




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I understand and fully agree with the provisions of the abovementioned Acts and conditions, and that
deviations from the above set conditions can lead to the withdrawal of permission granted to me to
engage in remunerative work outside my employment, and a disciplinary enquiry can be instituted
against me.


       ____________________________                                      ______________
       APPLICANT’S SIGNATURE:                                            DATE:




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