FORCED ADMISSION OF 
LEARNERS FOR 2024

NN 1/2024

The SAOU has taken note that problems regarding the timeous admission of learners for the 2024 school year are still experienced. Furthermore, it was noted that the respective provincial departments of education are loath to negotiate the admission of learners with school governing bodies and that they prefer to exert pressure on school principals. In terms of the SA Schools Act the admission of learners are dealt with in terms of the relevant school’s admission policy. Be attentive to the fact that the SA Schools Act still applies. Departmental officials may attempt to abuse the envisaged amendments to admission and language policy as contemplated in BELA to compel principals to admit learners without proper consultation with the school governing body (SGB). Such actions are impermissible. It remains a competency of the relevant school’s school governing body. The principal has no role to play. 

Principal’s must also refer all enquiries and instructions to unilaterally enlarge school capacity to the SGB for appropriate consideration.

The SAOU addressed a circular on 29 November 2022 (click here) to school principals in regard to the proposed approach when such an incident occurs. The following advice is submitted in this regard:

1.      That a thorough study of the contents must be made;

2.      To enable the SAOU to provide timeous and appropriate advice, to contact the relevant SAOU provincial secretary as soon as possible in the event that unreasonable/unlawful pressure is exerted; and

3.      To immediately contact the relevant chairperson of the school governing body and the school governing body organisation to which the school is affiliated.

In addition to the above the SAOU informed principals on 11 October 2023 regarding the factors that play a role in determining school capacity. This is based on a court judgement in favour of the SAOU. The provincial education department may no longer determine capacity arbitrarily. (click here)

FORCED ADMISSION OF 
LEARNERS FOR 2024

The SAOU received numerous enquiries regarding the 9,5% increase of GEMS premiums. We draw attention to the following:

1. The increase of medical schemes’ premiums is not subject to collective bargaining and thus cannot be renegotiated in the Public Service Coordinating Bargaining Council (PSCBC). The SAOU cannot mislead our members and create hope with unfounded information.
2. The Medical Schemes Act determines that the GEMS Board of Trustees determines the annual premium increase based on the financial position of the scheme as determined by the following factors namely, the claims ratio, the particular option’s richness of benefits and the level of the Scheme's reserve fund.
3. The premium increases were communicated to every GEMS member during October 2023 by the Scheme.
4. The SAOU will communicate with the GEMS Board of Trustees in the immediate future to draw their attention to the negative effect of the higher-than-expected increases.

The adjusted medical employer subsidy for public servants was circulated via Circular 48 of 2023, dated 8 December 2023 by the Department of Public Service and Administration. The increase of the employer subsidy with effect from 1 January 2024 is 6%. In this regard, the following must be noted:

• The implementation of the increased subsidy is administered by the relevant provincial department of education and financed from the operational budget.
• As a result of over-expenditure by all provincial departments, problems may be expected.
• The SAOU provincial offices are ready to assist with any queries that may arise. Members are invited to contact our offices immediately in the event of uncertainty and problems.

Here below an extract from said DPSA circular.