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Court action over regulations limiting teacher perks

Publish date: 02 July 2012
Issue Number: 3068
Diary: Legalbrief Today
Category: Litigation

Basic Education Minister Angie Motshekga is facing another legal challenge - this time for banning governing bodies from dishing out perks and bonuses to principals and teachers at former Model C schools, says a report in the Sunday Times.

It says the regulations sparked concerns of a mass exodus of top teachers to private schools. The Federation of Governing Bodies of SA Schools (Fedsas) and the Suid-Afrikaanse Onderwysersunie have asked the High Court to declare them unlawful. In court papers, the two organisations argued that the section 38A regulations, which came into effect in December last year, had not been subjected 'to full and proper consultation with interested parties'. Besides outlawing bonuses, the regulations, which have the biggest impact on schools in wealthy suburbs, drastically limit the number of hours for which a teacher can claim overtime. Fedsas deputy chief executive Hendrik Deacon said in a founding affidavit that the regulations 'narrow the opportunities' for school governing bodies to supplement the salaries of skilled teachers 'in the public interest'. Full Sunday Times report (subscription needed)