ABOUT THE ELRC
The Education Labour Relations Council (ELRC) is a bargaining council that serves the public education sector nationally and provincially.
The primary business of the ELRC is to promote the maintenance of labour peace in the public education sector, through the provisioning of dispute resolution and prevention services.
The secondary business of the ELRC is to promote the maintenance of labour peace in the public education sector through the facilitation of negotiations between trade unions and the state as the Employer.The Parties to Council are the Employer Party and Trade Unions.
Frequently Asked Questions
Collective Agreement No. 3 of 2018
(Inquiry by the Arbitrator)
Section 54 of the Criminal Law (sexual offences and related matters) amendment Act 32 of 2007, stipulates the following: Section 54(1) (a) a person who has knowledge that a sexual offence has been committed against a child must report such knowledge immediately to a police official. (b) A person who fails to report such knowledge as contemplated in paragraph (a) is guilty of an offence and is liable on conviction to a fine or imprisonment for a period not exceeding five years or both a fine and such imprisonment”
You can report anonymously to any of the abovementioned organisations.
The Department of Basic Education and Provincial Departments of Education.
The Department of Education formulates charges and refers the matter to the Education Labour Relations Council (ELRC) for Inquiry by the Arbitrator.
In terms of Section 17 of the Employment of Educators Act 76 of 1998, dismissal is mandatory.
The Arbitrator has a duty, in this regard, to determine if the teacher is fit to work with children. Once declared unsuitable, the ELRC has a duty to submit a report to the Director-General of Social Development to be added to the National Register for Sex Offenders (NRSO).
The ELRC will also submit a report to the SAPS in terms of Section 54 of the Criminal Law (sexual offences and related matters) amendment Act 32 of 2007.
The award is also issued to SACE.
For further clarity, kindly contact the following persons at the ELRC:
Mr M Moela
Senior Manager: Dispute Management Services
Tel: (012) 663-7446 Cell: 060 560 2536
Email: MatloseM@elrc.org.za
Ms B Loxton
Research & Media Manager
Tel: (012) 663-7446 Cell: 083 384 7747
Email: BerniceL@elrc.org.za You can also visit the ELRC office (opposite the Centurion Gautrain Station): 261 West Avenue Centurion 0046
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Issued by the General Secretary of the ELRC.
The first point of contact is the Principal of the school, unless he/she is the perpetrator. If the matter is not escalated after reporting to the Principal, the Department of Education (Circuit Manager, District Head Office) should be contacted. The South African Police Service (SAPS) can also be contacted as well as the South African Council for Educators.
Any member of the public.
A romantic or sexual relationship between a teacher and a learner. This also includes inappropriate misconduct such as sending text messages to learners; communication on social platforms such as WhatsApp that is of a sexual nature; taking and sending nude photographs and/or videos; propositioning a learner and inappropriate touching.
No it does not. A romantic or sexual relationship between a learner and teacher is inappropriate, irrespective of age. Teachers must refrain from having romantic relationships with learners, regardless of age.
No. You can report the matter as long as it involves a teacher and a learner, it does not have to be confined to the same school.
