Mugwena Maluleke, Secretary General of SADTU, said that the EU, the largest in the education sector, had signed the agreements that will ensure the permanent employment of teachers in the provision of quality education as a right to children; ensure the reintegration of teachers and provide learners with protection from sexual predators. SADTU supports and welcomes Collective Agreement No. 3 of 2018, which provides for the obligation to investigate arbitrators in disciplinary proceedings against educators accused of sexual misconduct of learners. We hope that this agreement will ensure that sexual misconduct cases are resolved quickly, as it will streamline the process and provide a unique arbitration process. Ms. Foca replied that she wanted to believe that once the case was reported, the state would not appear against the offender and the name of the person who was reported. Perhaps the protocol agreement could clarify these issues. She also suggested that the ELRC should conduct a campaign with leaflets with SACE to show that community members are protected when reporting sexual assaults. The aim of the agreement is to regulate the recruitment of temporary educators for positions in public schools and to ensure the job security of educators. The Portfolio Committee on Basic Education received a briefing from the Council on Labour Relations in Education (ELRC) in which it provided information on UNHCR`s collective agreements and current issues related to the field of basic education – and which are interesting. The three agreements not only mandate the Council to maintain peace at work in the public education sector, but also aim to meet the vision of the National Development Plan for Basic Education to improve the conditions for the care of educators and to preserve the constitutional rights of the child under collective agreement 3 of 2018. With regard to resolved and unresolved cases, UNHCR had no information on this matter.

However, it could find the information and pass it on to the Committee Secretary. OHCHR had only statistics on cases that had been referred by people who claimed to have unfair practices. The pending proceedings should be closed, as the agreement could not be implemented retroactively. UNHCR Secretary-General Nolusindiso Foca said that remarkable partnerships had been reached during the impact of UNHCR`s mandate in 2018 and that critical agreements had been reached in response to the broader objectives of the country`s National Development Plan (NDP). Given the current scourge of sexual crimes, particularly against children in our country, this agreement would be essential for justice in cases where educators are accused of sexual misconduct. The judgment of an arbitrator within the meaning of the collective agreement is final and binding and has the same status as an arbitration award under the Employment Relations Act. Ms. N Tarabella-Marchesi (DA) said that once treaty changes were discussed, there were many concerns, particularly within the unions about the ongoing employment of teachers who are employed on a temporary basis for three months.