1. No, The Minister of Basic Education did not require legal opinion on whether the Department has any policy or legislation in place to deal with the displaced educators. The Department cannot make legislation or policy in this regard. A legal opinion cannot be sought based on the phenomenon that is fundamentally flawed. Educators who are forced out of the workplaces by communities on allegations that are not proven are treated unfairly because their labour rights are infringed.
Suggested (1) No. The Department has not identified any need to develop a specific policy or legislation on the matter. Displaced educators remain the employees of a Provincial Education Department that employed them and this follows an assessment and confirmation that the allegations against them are unproven and that they cannot be charged for misconduct of any kind.
2. (a) There is no statutory provision with which the Minister could furnish the honourable Ms AM van Zyl as we have status that there is no policy or legislation in place that specifically deal with displaced educators.
(b) As indicated above, the phenomenon of pushing educators out of schools infringes on the teachers' rights and thus perpetuates unfair labour practice. Departments must find a way of investigating issues raised by the complainant in a fair and legal manner.
Suggested. (b) The Department is satisfied that the existing processes, practices and procedures are adequate to deal with instances of displacement that occur from time to time.