The Legislative mandate of the BELA Bill seeks to amend the South African Schools Act (SASA), 84 of 1996 and the Educators Employment Act (EEA), 76 of 1998. Comments on the EEA, proposed changes to address sexual misconduct by educators. It was recommended that section 17(1)(c) be amended to read that an educator must be dismissed if he or she is found guilty of sexual harassment, sexual assault, rape or statutory rape of a learner. Such an explicit identification of the different forms of serious misconduct will provide clarity and provide necessary guidance in these cases.

It was also necessary to provide clarity regarding the definitions of misconduct and serious misconduct in a manner that aligns with the Constitution, the Children’s Act, and existing sexual offences laws. Recommends were that the EEA should be amended to not allow teachers who are appealing a decision of educator sexual misconduct against them to continue teaching. Instead, educators whose matters are on appeal must be placed on paid suspension and not be allowed to work with children until the appeal is finalised.

Where an educator resigns whilst under investigation for sexual misconduct or while suspended, and before the disciplinary process is completed, they must be deemed dismissed. The legislative framework should be amended to provide that, where an educator who is under investigation for educator sexual misconduct seeks employment at a different school, information on the allegations should be provided to the school. The EEA must require that schools share the outcome of disciplinary proceedings with Provincial Education Departments (PEDs) and the South African Council for Educators (SACE) regardless of the perceived seriousness of the allegation of educator sexual misconduct. Clarity regarding the definitions of misconduct and serious misconduct will therefore align the Constitution to legislation and existing sexual offences laws.