IN THE EDUCATION LABOUR RELATIONS COUNCIL

IN THE MATTER BETWEEN

SAOU OBO T.B BOHULE APPLICANT

AND

NORTHERN CAPE DEPARTMENT OF EDUCATION RESPONDENT

ARBITRATION AWARD

CASE NUMBER: ELRC 1113-25/26NC
DATE : 09 MARCH 2026
PANELLIST : ZOLISWA TABA

Education Labour Relations Council
ELRC Building
261 West Avenue
Centurion
Tel: 012 663 0452
Fax: 012 643 1601
Website: www.elrc.org.za

Details of hearing and representation

1. The arbitration hearing was set down to be heard on 05 March 2026 through MS Teams platform. Ms Mazzoncinci, an official from the trade union, SAOU, appeared for the Applicant. Mr Tshekoeng, the Respondent’s Labour Relations official appeared on behalf of the Respondent.
2. This dispute was referred in terms of clause 9 read with clause 69 of the ELRC Constitution . The referral was filed after the Respondent failed to pay an acting allowance to the Applicant.

The issue to be decided

3. As per the signed pre-arbitration minute of the parties, the only issue the parties could not agree on, which is now an issue in dispute is the date when the Respondent must pay the outstanding allowance of R 27 822.50, owed to the Applicant.

Background to the issue

4. The following are some of the common cause issues as agreed by the parties:
   4.1. “The Applicant acted as a Deputy Principal at Noord-Kaap Primary School from 15 August 2025 until 31 December 2025.
   4.2. The Applicant was entitled to an acting allowance of R 27 822.50.
   4.3. The Applicant derived the entitlement to an acting allowance in terms of the Personnel Administrative Measures.
   4.4. The Respondent does not have an issue with paying the acting allowance, however Treasury was not coming forth to afford the Respondent an opportunity to pay”.
5. Parties indicated that since there was no dispute on whether the Applicant acted and that he was owed the amount of R 27 822.50, they intended to deal with the case as a stated case, as agreed in their pre-arbitration minute. Although this is the case, I requested that the Applicant take an oath and confirm his claim as part of his evidence.

Survey of evidence
The Applicant’s case ( Mr T.B Bohule)

6. It was his testimony that he indeed acted as a Deputy Principal from 15 August 2025 until 31 December 2025. The total amount due to him was R 27 822.50, which had not yet been paid to him. He sought payment for such an amount.

The Respondent’s case (B. Tshekoeng)

7. Mr Tshekoeng indicated that the Respondent intended not to lead evidence as the claim of the Applicant was not disputed. The Applicant indeed acted and the amount in question was owed to him. As per the instruction received from his superiors, his attendance was not to oppose the Applicant’s claim but confirm that indeed the Applicant was owed but due to issues with Treasury, the Respondent could not confirm a date of payment.

Analysis

8. In this case, the parties are in agreement that the claim of the Applicant is derived from the Personnel Administrative Measures (the PAM”). The PAM is the consolidation of the terms and conditions of employment of educators determined in terms of section 4 of the Employment of Educators Act, 1998. In short, the PAM contains the basic terms and conditions of employment of Educators.
9. Clause 69 of the ELRC Constitution provides that for the purpose of this clause, an ELRC Collective Agreement is deemed to include any basic conditions of employment which constitutes a term of a contract of employment. It is therefore not unreasonable to accept that a claim derived from the PAM may be enforced under this provision. Paragraph C of the PAM makes provision for acting allowances. Both parties agree that the Applicant is entitled to such an allowance in line with the PAM.
10. The testimony of the Applicant that he acted and that he was owed an acting allowance was not disputed. There is no evidence before me indicating that the Applicant is not entitled to the amount owed. Moreover, it is common cause that the Applicant had indeed acted as a Deputy Principal and that he was owed an acting allowance of R 27 822.50.
11. Although it was the Respondent’s submission that the delay in payment was due to some issues with Treasury, no evidence was submitted in support of this claim to assist me in determining when it would be reasonable to expect the Respondent to pay the Applicant. In the absence of such evidence and seeing that it is common cause that the Applicant is owed, it is therefore reasonable to give the Respondent until 20 May 2026 to pay the Applicant the amount which is owed to him.

Award

12. The Respondent, the Education Department of Northern Cape is ordered to pay the Applicant, Mr T.B Bohule his acting allowance amounting to R 27 822.50.
13. The amount above must be paid by the Respondent to Mr Bohule by no later than 20 May 2026.
14. The amount of R 27 822.50 must be paid by the Respondent into Mr Bohale’s bank account which is known to the Respondent, with the following details:
    Account holder: Tebogo Bohule
    Name of the bank: Capitec
    Type of account: Savings
    Account number; 1323430715
15. Interest, as set out in section 1 of the Prescribed Rate of Interest Act 55 of 1978 read with section 75 of the BCEA, will accrue from the time that the amount stipulated in this award becomes payable.

Zoliswa Taba

ELRC Panellist