Eastern Cape

NAPTOSA Eastern Cape News Flash 15 of 2013: HOD Free State Department of Education vs Welkom High School and others

The Chairperson, Mr Malusi, Provincial Executive members and staff of NAPTOSA(EC) trust that you are rested after your three week break. We wish you strength and wisdom for a productive term.


HOD Free State Department of Education v Welkom High School and others


This matter revolved around the Head of Department of the Free State Education Department ordering the principals of two schools to ignore policies drawn up by their Governing Bodies.  The policies referred to pregnancy of learners.  The case was heard in the High Court, the Supreme Court of Appeal and Finally the Constitutional Court.  In each case the Education Department having lost the case appealed to the next highest court.  NAPTOSA welcomes the ruling of the Constitutional Court in the case of the Department of Education (FS) vs Welkom and Harmony High Schools.


The Constitutional Court was required to rule on two issues:

“On the one hand this case requires us to answer the question of whether the Head of a Provincial Department of Education has the power lawfully to instruct the principal of a public school to ignore a policy promulgated by the school’s governing body when he or she (the Head of Department) is of the opinion that that policy is unconstitutional. On the other hand it deals with rights that must be observed when formulating and implementing pregnancy policies for learners, and the manner in which those rights are protected.”


The media have not reported the outcome well and have tended to focus on the pregnancy policies of the schools in question while ignoring a crucial aspect of the ruling which relates to the action of the HOD of the Free State Education Department.


The rulings were:

ü The appeal (by the Free State Department of Education) is dismissed – the Department’s actions were unlawful; and

ü The schools are to review their pregnancy policies by 10 October 2013.


Less moneyPSCBC increases


1  Levy


The salary slip of every public servant has shown a deduction of 50c for the funding of the Public Service Co-ordinating Bargaining Council, the forum where salary increases and general conditions of service (eg medical subsidies, housing, family responsibility leave, etc) are negotiated. 


It was agreed at the PSCBC AGM in June:


·       The levy will be increased (for the first time in 10 years!) by 50c per employee plus another 50c paid by the Employer.  No implementation date was given, but it could be with effect from 1 April 2013.


·       With effect from 1 April 2014 the levy will be increased annually by the CPI percentage announced by the Treasury.


·       The levy will be reviewed every 5 years.


2  Agency fee


The agency fee deducted from the salaries of all Public Service employees (including educators) who do not belong to unions will be increased by 5.6% from R70.27 per month to R74.49 per month with effect from 1 July 2013.


Why pay R6.49 extra every month to receive nothing?

Join NAPTOSA without delay!

For just R68 per month you will have available an automatic R10 000 funeral benefit; expert advice and assistance; up-to-date, accurate information; professional development at reduced costs; a diary and wall calendar; access to approved commercial benefits; an alternative voice where it matters.



The cash awards for long service (20, 30 & 40 years) are revised annually according to the annual average CPI of the preceding year. The cash awards payable with effect from 1 April 2013 have been increased by 5.6%.    Refer to the table below.  Remember these revised bonuses were introduced as part of PSCBC Resolution 1 of 2012.



Effective date

Continuous years service

Previous amount

Revised amount

1 April 2013

20 years

R 7 500

R 7 920

1 April 2013

30 years

R 15 000

R 15 840

1 April 2013

40 years

R 20 000

R 21 120