Frequently asked Questions
Is it possible that I could be charged at the same time by the Department of Education and SACE?
Yes, it is possible to be charged by both institutions. It must be noted that an educator is employed in terms of the Employment of Educators Act and his or her employment is regulated in terms of that Act. The said Act outlines in it certain conduct that may be viewed as misconduct. The employer may therefore charge an employee in the event that there is breach.
An educator's professional and ethical conduct is also regulated in terms of the SACE Code of professional Ethics. Should an educator breach the Code, he or she may, where necessary, and depending on the severity of the breach, be charged by SACE.
SACE has the duty to determine whether an educator is fit and proper to be an educator. In this regard, peer judgment is exercised. This means that teachers are judged by fellow teachers.
Who should lodge a complaint?
Anybody is free to lodge a complaint with SACE.
During a hearing, can I be represented by an attorney?
Any educator charged of an offence may be represented by an attorney, advocate and or by his or her union representative. The legal cost are borne by the accused educator and NOT by SACE.
Does SACE have jurisdiction outside the school premises?
SACE has jurisdiction over all professional matters including those that occur outside the school premises and outside of working hours. However, reasonableness in these matters will be exercised.
How far back can SACE investigate cases?
SACE has jurisdiction to entertain all cases of a professional and/or ethical nature that occurred from 2000 to date.
How do you follow up on an anonymous complainant should you realize that it was a scam?
The problem with anonymous complaints is that they do not have an owner and therefore it is quite difficult to follow up on them unless the complainant can be uncovered. SACE frowns greatly against false accusations and anyone found to be guilty of this may be prosecutred.
How do you get your evidence and witness to close your case?
All cases that are reported to SACE are investigated. This means that witnesses are interviewed, documents inspected, and a conclusion is arrived at, once the investigation is completed and the outcome is communicated to the parties.
What if the educator who is office -based has a sexual relationship with a learner at a school?
Sexual relationship with any learner at any school is forbidden. No educator, whether school-based or office-based is allowed to foster any sexual or love relationship with any learner in any school. Should this occur, it must be reported to SACE as soon as possible.
Supposed my name was removed from the roll of educators, can I be re-admitted back into the profession?
Yes, an educator may re-apply for re-admission back into the profession. An educator my apply to the CEO for his re-admission, stating reasons why he or she thinks that he or she is fit to be re-admitted back into the profession.
Upon receipt of the application, an applicant will be invited to appear before a re-admission committee.
An educator wishing to apply for re-admission should do so in writing. and attach any documents in support of his or her application.