Panelist: Selolong Mosoma Case No.: ELRC265-26/27NC Date of Award: 31 July 2026

In the ARBITRATION between:

SAOU obo Adam Botha
(Union / Applicant)

and

Department of Basic Education: Northern Cape Provincial Government

(Respondent)

Applicant’s representative:
Applicant’s address:

Telephone:
Telefax:
Email

Respondent’s representative:
Respondent’s address:


Telephone:
Telefax:
Email.



ARBITRATION AWARD

DETAILS OF HEARING AND REPRESENTATION

1. This is an arbitration award of a matter between SAOU obo Adam Botha, the Applicant and Department of Education Northern Cape Provincial Government, the Respondent.
2. The matter was set down for an arbitration under the auspice of Educators Labour Relations Council on 22 July 2026, and the proceedings were conducted virtually.
3. The Applicant, Mr. Adam Botha was represented by his trade union official Ms. Lize-Mari Mazzoncini , whilst the Respondent was represented by its Employee Relations Practitioner Mr. Ferdinand Bitterbosch.
4. The proceedings were conducted in English.
5. The proceedings were both digitally and manually recorded.

ISSUE TO BE DECIDED

6. I must decide whether the Applicant was entitled to receive to the payment of acting allowance in terms of ELRC Resolution 08 of 2002 entitled “payment of Acting Allowance for an Educator Acting in a Higher Vacant and Funded Post” and if so, make an appropriate order.
7. The Applicant sought that he be remunerated the acting allowance for term two (02) of 2025 academic year.
8. Both partes agreed that the Respondent must compensate the Applicant acting allowance for term two (02) to the total amount of R 7 955,33.
9. The Applicant sought enforcement order to be paid an acting allowance.

BACKGROUND

10. The Applicant is employed by the Respondent in a post level three (03) at Victoria West High School.
11. The Applicant was appointed by the Respondent to act on a vacant and funded post level four (04) post as the principal of Victoria West High School for both term one (01) and term two (02) during 2025.
12. The Applicant was ony compensated his acting allowance for term one (01) and not term two (02).
13. To date the Respondent has not paid the Applicant his acting allowance for term two (02) hence this arbitration award.
14. There was neither a factual, nor an issue to be decided on argument.
15. Parties agreed that the dispute be made an arbitration award as nothhing was in dispute.
16. Parties agreed on quantum of the Applicant’s claim which was R 7 955,33.

SURVEY OF EVIDENCE AND ARGUMENT:

17. The provisions of section 138 of Labour Relations Act 66 of 1995 as amended, enjoins me to issue the arbitration award with brief reasons. I intend in this award to focus only on the issues that I perceive to be pertinent to the issues that was before me.

APPLICANT’S EVIDENCE :

18. Mr. Adam Johan Botha testified under oath as follows;
19. He is currently deputy principal of Victoria West High School, and he is acting as the school principal.
20. He stated that he was appointed to act as the school principal during 2025 academic and he acted for both term one (01) and term two (02). However, he was only paid acting allowance for term on (01) and not paid for term two(02) hence this dispute before the Council.
21. He averred that the submission for payment of his acting allowance was generated and submitted to the provincial office to date he has not received his acting allowance. Lastly, he stated that the acting allowance for term two due to him was R7 955,33.
22. There was no cross-examination from the Respondent.

RESPONDENT’S EVIDENCE :

23. There was no evidence led on behalf of the Respondent.

ANALYSIS OF SUBMISSIONS

24. It is common cause that the Applicant was appointed to act in a vacant and funded post level four (04) at Victoria West high School for both term one and term two during 2025 academic year.
25. It is further common cause that the Applicant was only remunerated for term one (01).
26. The Respondent does not dispute the above, submitted by the Applicant. It merely suggested that the Applicant’s submission was approved by the District Director and submitted to its head office in Kimberley, and they were awaiting for it to effect the Applicant’s acting allowance.
27. Clause five (05) of Resolution 08 of 2002 provides that an acting allowance will be paid to an educator who acts;
    i. In such a post where the permanent incumbent is absent due to the following :
    a. Maternity
    b. Sick leave
    c. Study leave
    d. Suspension
    e. Secondment
    ii. if the period of appointment is longer than twelve (12) weeks but limited to a maximum of twelve
    months.
28. Compensation shall be backdated to the date on which the educator commenced acting provided that the acting is twelve (12) consecutive weeks or longer.
29. The Respondent must comply with the terms and condition of Resolution 08 of 2002.
30. In lieu of the above, the following award is issued.

AWARD

31. The Respondent, Department of Education Northern Cape Provincial Government is ordered to pay the Applicant , Mr. Adam Botha the amount of R 7 955, 33 (seven thousands nine hundred and fifty five rands and thirty three cents).
32. The amount of R 7 955,33 must be paid by the Respondent to the Applicant by no later than 15 August 2026 and will be subjected to normal statutory deductions.
33. The amount owed to the Applicant , shall accrue interest as per the Prescribed Interests Rate Act, 55 of 1975, as amended, at the rate of 10,5 % as is prescribed from, should the amount not be paid by 15 August 2026

SIGNED AT BLOEMFONTEIN ON THIS 31 DAY OF JULY 2026.

Selolong Mosoma
ELRC Arbitrator