Where there has been a complaint of misuse of disciplinary measures against an educator at a school, the district office for that school will conduct preliminary investigations of the allegations. Depending on the outcome of the investigation, the district official will refer the case to the Labour Relations Directorate for further investigation and disciplinary hearings.  

The Employment of Educators Act of 1998 (EEA) governs the procedure for disciplinary hearings against educators. It has different sanctions for misconduct and serious misconduct. The EEA states that if the misconduct is also a criminal offence then separate and different proceedings will occur. It does not make provision for legal representation in disciplinary hearings; but it allows for the presiding officer to appoint an intermediary if the learner is under 18 and will suffer ‘undue stress’ during the disciplinary procedure. The EEA says that educators can also be dismissed if they contravene Section 10 of the Schools Act.

South African Council of Educators (SACE)

All educators are required to register with the South African Council of Educators (SACE), and to comply with its Code of Professional Ethics. SACE is a statutory body that was established to develop and maintain ethical and professional standards for educators. Corporal punishment or assault is the most common form of educator misconduct reported to SACE.

If a learner wants to make a complaint to SACE they can follow its disciplinary procedure. After a complaint has been made, there is an initial investigation of the complaint. The matter may then be referred for a disciplinary hearing. If an educator is found guilty of misconduct, SACE has the following possible sanctions: 

• A caution or reprimand 

• A fine not more than one month’s salary, or 

• Removing the educator’s name from the register for a specific period, or indefinitely,