Sanctioning Policy: for the Contraventions of the Code of Professional

Ethics

Owner Legal and Ethics Division

Approved by Council

Effective Date Date of approval by Council

Date of last revision 17 September 2024

Date of next Review 24 months after the approval date

Related Internal Charters/Policies/ SACE Act 31 of 2000

Documents Code of Professional Ethics

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CONTENTS

1. DEFINITIONS ................................................................................................................................ - 3 -

2. LEGAL FRAMEWORK .............................................................................................................. - 10 -

3. INTRODUCTION ......................................................................................................................... - 11 -

4. PURPOSE OF SANCTIONING ................................................................................................ - 12 -

5. SANCTIONING GUIDING PRINCIPLES ................................................................................ - 14 -

6. KEY FACTORS TO CONSIDER WHEN IMPOSING A SANCTION .................................. - 15 -

7. SCHEDULE OF SANCTIONS OR OTHER CORRECTIVE MEASURES ......................... - 20 -

8. SANCTIONING DECISION PROCESS FLOWCHART ............................................................ 19

9. SANCTIONING OF ETHICAL VIOLATIONS ........................................................................... 240

10 REVIEW AND APPROVAL ........................................................................................................... 34

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1. DEFINITIONS

The following definitions shall apply to this Sanctioning Policy:

Assault - is an unlawful and intentional illegal act of causing physical harm, such as the
infliction of corporal punishment, or unwanted physical contact to another person, or, in
some legal definitions, the threat or attempt to do so. It is both a crime and a delict and
may result in criminal prosecution, civil liability, or both.

Assault with intent to cause grievous bodily harm - this is another form of assault,
however, committed with the intention to cause serious bodily injury to another person.
This may be through a deliberate act or irresponsible actions that show a deliberate lack
of respect for the victim’s safety.

Best interests of the child - section 28(2) of the Constitution states that a child’s best
interests are of paramount importance in every matter concerning the child. The
Children’s Act gives specific content to this principle. Section 6(2) provides that all
proceedings or decisions that concern a child must respect, protect, promote and fulfil
the child’s rights as enshrined in the Bill of Rights as well as the best interests of the child
standard. Section 6(3) of the Children’s Act also states that if it is in the best interests of
the child, the child’s family must be given an opportunity to express their views in any
matter concerning the child. Section 10 of the Children’s Act also states that every child
that is of such an age, maturity and stage of development as to be able to participate in
any matter concerning that child, has the right to participate in an appropriate way and
views expressed by the child must be given due consideration.

Child - means a person under the age of 18 years.

Child Pornography - means any image, however created, or any description or

presentation of a person, real or simulated, who is, or who is depicted, described, or
presented as being, under the age of 18 years, of an explicit or sexual nature, whether

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 such image or description or presentation is intended to stimulate erotic or aesthetic
feelings or not, including any such image or description of such person:
(a) engaged in an act that constitutes a sexual offence.
(b) engaged in an act of sexual penetration
(c) engaged in an act of sexual violation
(d) engaged in an act of self-masturbation
(e) displaying the genital organs of such a person in a state of arousal or stimulation
(f) unduly displaying the genital organs or anus of such a person
(g) displaying any form of stimulation of a sexual nature of such a person's breasts
(h) engaged in sexually suggestive or lewd acts
(i) engaged in or as the subject of sadistic or masochistic acts of a sexual nature
(j)engaged in any conduct or activity characteristically associated with sexual intercourse.
(k) showing or describing such a person:
(i) participating in, or assisting or facilitating another person to
participate in or
(ii) being in the presence of another person who commits or in any other manner being
involved in any act contemplated in paragraphs (a) to (j)
(l) showing or describing the body, or parts of the body, of such person in a manner or in
circumstances which, within the context, violate or offend the sexual integrity or dignity
of that person or any category of persons under 18 or is capable of being used to violate
or offend the sexual integrity or dignity of that person, any person or group or categories
of persons.

Complainant - means the alleged victim of a violation of his/her rights or any interested
person, such as a parent or caregiver, acting on behalf of a victim.

Corporal Punishment – any deliberate act against a child that inflicts pain or physical
discomfort, however light, to punish or contain the child, which includes, but is not limited
to:
(a) hitting, smacking, slapping, pinching or scratching with the hand or
any object;
(b) kicking, shaking, throwing, throwing objects at, burning, scalding, biting, pulling hair,
boxing ears, pulling or pushing children.
(c) forcing children to stay in uncomfortable positions, forced ingestion, washing
children’s mouths out with soap, denying meals, heat and shelter, forcing a child to do
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 exercises which are not in accordance with the curriculum applicable to the learner or
denying or restricting a child’s use of the toilet; or
d) any act which seeks to belittle, humiliate, threaten, induce fear or ridicule the dignity
and person of a learner.

Educator - means any person who teaches, educates or trains other persons or who
provides professional educational services, including professional therapy
and education psychological services, at any public OR private school, further education
and training institution, departmental office or adult basic education centre and who is
appointed in a post on any educator establishment under the Employment of Educators
Act 76 of 1998 as amended.

Learner – means any person receiving education or obliged to receive education in terms
of the South African Schools Act 84 of 1996.

Misconduct – is the improper conduct or behaviour that occurs when a SACE registered
member or SACE unregistered educator violates the Code of Professional Ethics and/or
the SACE Act 31 of 2000.

National Child Protection Register – The Children’s Act makes provision for the
creation of a National Child Protection Register (“CPR”), which comprises Part A and Part
B. While Part A contains information on children who have reportedly been abused or
neglected and are in need of protection and care, as well as the particulars of individuals
who have been convicted of abuse and neglect, Part B was created to record all persons
who are unsuitable to work with children, with the aim of using this information to protect
children in general against abuse from these persons. References to the CPR in this
document refer specifically to Part B of the Register and are mentioned within the context
of SACE’s obligation to report any educators unsuitable to work with children to the
Department of Social Development (“DSD”) to be placed on Part B of the CPR.

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Norms and standards – refer to the requirements and prescriptions which educators must
adhere to in order to remain fit to practice as educators, which are set up by SACE.

Pornography - means any image, however created, or any description of a person, real or
simulated, who is 18 years or older, of an explicit or sexual nature that is intended to stimulate
erotic feelings, including any such image or description of such person-

(a) engaged in an act that constitutes a sexual offence;

(b) engaged in an act of sexual penetration;

(c) engaged in an act of sexual violation;

(d) engaged in an act of self-masturbation;

(e) displaying the genital organs of such a person in a state of arousal or Stimulation;

(f) unduly displaying the genital organs or anus of such a person;

(g) displaying any form of stimulation of a sexual nature of the female breasts;

(h) engaged in sexually suggestive or lewd acts;

(i) engaged in or as the subject of sadistic or masochistic acts of a sexual nature;

(j) engaged in any conduct or activity characteristically associated with sexual intercourse;

or

(k) showing or describing the body, or parts of the body, of that person in a manner or in
circumstances which, within the context, violate or offend the sexual integrity or dignity of that
person or any other person or is capable of being used for the purposes of violating or
offending the sexual integrity or dignity of that person or any other person.

Rehabilitative and corrective sanctions - These are sanctions imposed by SACE to

address causes of negative or inappropriate behaviour. These sanctions are aimed at
ensuring that educators receive the assistance and support required to equip them with skills
to function appropriately and professionally in the workplace and correct improper conduct.
Such sanctions may include completion of anger management classes and/ or training on
non-violent discipline techniques.

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Sanction is a punitive, corrective, rehabilitative and / or a restorative action imposed by
SACE after a guilty verdict arising from a fair disciplinary hearing where SACE’s Code of
Professional Ethics has been violated by an educator. A core principle that must inform the
sanction imposed is the "best interests of the child principle", which is enshrined in section
28(2) of the Constitution.

Sanctions guidelines – are directions put in place to guide the issuing of sanctions in
disciplinary proceedings conducted by SACE.

Serious misconduct – refers to an act of

(a) Theft, bribery, fraud or an act of corruption regarding examinations or promotional

reports;

(b) Committing an act of sexual assault on a learner, student or other employee;

(c) Having a sexual relationship with a learner;

(d) Seriously assaulting, with the intention to cause grievous bodily harm to, a learner,
student or other employee;

(e) Illegal possession of an intoxicating, illegal or stupefying substance; or

(f) Causing a learner or a student to perform any of the acts contemplated in (a) to (e)
above.

(g) Includes any other act that pertains to wilful and/or deliberate behaviour that led to an
educator contravening the code of professional ethics in a way that poses serious risk
or harm to a learner, colleague, parent, or member of the public emotionally, physically
or in another manner, or to property of the employer or member of the public.

Sexual Act - means an act of sexual penetration or an act of sexual violation

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Sexual Harassment - means any

(a) unwelcome sexual attention from a person who knows or ought reasonably to know that
such attention is unwelcome;

(b) unwelcome explicit or implicit behaviour, suggestions, messages or remarks of a sexual

nature that have the effect of offending, intimidating or humiliating the complainant or a
related person in circumstances, which a reasonable person having regard to all the
circumstances would have anticipated that the complainant or related person would be
offended, humiliated or intimidated;

(c) implied or expressed promise of reward for complying with a sexually oriented request; or

(d) implied or expressed threat of reprisal or actual reprisal for refusal to comply with a
sexually oriented request.

Sexual Offence - means any offence in terms of Chapters 2, 3 and 4 and Section 55 of the
Criminal Law (Sexual Offences and Related Matters) Amendment Act and any offence
referred to in Chapter 2 of the Prevention and Combating of Trafficking in Persons Act, 2013,
which was committed for sexual purposes.

Sexual Penetration - includes any act which causes penetration to any extent whatsoever
by:

(a) the genital organs of one person into or beyond the genital organs, anus, or mouth of
another person;

(b) any other part of the body of one person or, any object, including any part of the body of
an animal, into or beyond the genital organs or anus of another person; or

(c) the genital organs of an animal, into or beyond the mouth of another person, and 'sexually
penetrates' has a corresponding meaning.

Sexual Violation - includes any act which constitutes the following: -

1) Direct or indirect contact between the following-

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 a) genital organs or anus of one person or, in the case of a female, her breasts, and any
part of the body of another person or an animal, or any object, including any object
resembling or representing the genital organs or anus of a person or an animal

b) mouth of one person and-

i. the genital organs or anus of another person or, in the case of a female, her
breasts;

ii. the mouth of another person;

iii. any other part of the body of another person, other than the genital organs or
anus of that person or, in the case of a female, her breasts, which could-

(aa) be used in an act of sexual penetration

(bb) cause sexual arousal or stimulation; or

(cc) be sexually aroused or stimulated thereby; or

iv. any object resembling the genital organs or anus of a person, and in the case
of a female, her breasts, or an animal; or

c) mouth of the complainant and the genital organs or anus of an animal

2) the masturbation of one person by another person; or

3) the insertion of any object resembling or representing the genital organs of a person or
animal, into or beyond the mouth of another person, but does not include an act of sexual
penetration.

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2. LEGAL FRAMEWORK

TITLE
• The Abolition of Corporal Punishment Act, 1997 (Act no. 33 of 1997)
• The Children’s Act, 2005 (Act no.38 of 2005)
• The Constitution of the Republic of South Africa (1996).
• The Criminal Law (Sexual Offences and Related Matters) Amendment
Act, 2007 (Act no. 32 of 2007)
• Employment of Educators Act, 1998 (Act no.76 of 1998
• National Qualifications Framework Act, 2008 (Act no.67 of 2008)
• Prevention and Combating of Trafficking in Persons Act, 2013 (Act no.7
of 2013)
The Protection from Harassment Act, 2011 (Act no. 17 of 2011)
• The SACE Code of Professional Ethics
• The South African Council for Educators (SACE) Act, 2000 (Act no. 31
of 2000
• The South African Schools Act, 1996 (Act no. 84 of 1996, as amended
by the Basic Education Laws Amendment Act 32 of 2024).

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3. INTRODUCTION

1) As a professional self-regulatory body, the South African Council for Educators (SACE)
has a responsibility to set, protect and maintain ethical standards in the teaching
profession. In doing so, it ought to safeguard the interests and rights of learners in terms
of section 28(2) of the Constitution as well as the welfare of the public.

2) Part of SACE’s oversight function is to offer guidance to educators, panellists and

practitioners about their methods, systems and processes for dealing with complaints
against educators, to improve complaint handling and increase trust, credibility and
confidence in the teaching profession.

3) This policy is therefore designed to provide information on the general purpose of

sanctioning, general guiding principles, sanctions and related ethics violations, guidance
and practicalities, mitigation and aggravation factors and decision-making tree in the
process of sanctioning convicted educators. In the matter of Robertson v SACE,1 the
court ruled that sanctions imposed on educators for professional misconduct must fall
within the ambit of reasonableness and fairness in terms of the Provision for
Administrative Justice Act2 in each given circumstance.

1 Paragraph 24, Arnold Robertson v SACE and Others, 15547/2013

2 Act 3 of 2000 (‘PAJA’)
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4. PURPOSE OF SANCTIONING

1) The purpose of the Sanctioning Policy is (1) to provide guidelines on the norms and
standards of behaviour or conduct expected from fit to practice educators in line with the
SACE Code of Professional Ethics, (2) to outline penalties for educators found guilty of
unprofessional conduct or professional misconduct and (3) provide guidelines on the
application of sanctions if the conduct of a regulated member or educator and/or lecturer
has been found to be, among other things, either unsatisfactory professional conduct or
professional misconduct in contravention of the Code of Professional Ethics. This would
include ensuring that the best interest of the child remains of paramount importance in all
matters affecting children, as provided in section 28(2) of the Constitution, and that
affected children and/ or their families are considered and can make submissions
regarding recommended sanctions.

2) This document is designed to act as a guide to those tasked with the enforcement of
SACE’s disciplinary code and support the presiding officer/s, prosecutor/s, and ethics
committee within SACE in the application of sanctions, where the conduct of educators
or lecturers has been found to amount to either Unsatisfactory Professional Conduct or
Professional Misconduct or their conduct is in contravention of the Code of Professional
Ethics or any related legislation including, but not limited to, the SACE Act 31 of 2000,
the Children’s Act 38 of 2005; the South African Schools Act 84 of 1996; the Employment
of Educators Act 76 of 1998; the Constitution of South Africa, 1996 and any other piece
of legislation relevant to this policy.

3) The Sanctioning Policy seeks to provide sanctions guidance, to be followed by Presiding

Officers, Prosecutors, the Ethics Committee, and the Council in administering the rules
and regulations governing the enforcement of ethical standards in the teaching
profession. While this policy may not provide an exhaustive list of factors or rules to be
applied, the key principles and practicalities identified and accruing from it will inform
present and future initiatives designed to uphold ethical standards in the teaching
profession.

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4) The Sanctioning Policy seeks to inform (a) the complainants, and (b) the educators
complained of, about the range of potential sanctions that exist, and approaches that may
be taken to enforce the Code of Professional Ethics among educators and lecturers.

5) This Policy aims to assist in promoting consistency and transparency in the application
of sanctions in all disciplinary matters that appear before SACE. The creation and
development of a clear sanctioning policy also aims to demonstrate to members of the
public and the profession that they can be confident that SACE, as the regulatory body,
undertakes to uphold proper standards of behaviour and conduct and imposes sanctions
that are proportionate and fair in each case before it. Persons involved in disciplinary
matters ought to know what may be expected when considering and disposing of cases
whatever the gravity of a particular conduct may be – with no need for surprises.

6) The purpose of applying sanctions in disciplinary matters is two-fold; that is to protect the
integrity of the teaching profession and ensure the protection of children under the care
and control of educators. This also includes protection of the learners’ right to human
dignity (section 10 of the Constitution), the right to be free from all forms of violence from
either public or private sources (section 12(1)(c) of the Constitution), the right not be
treated or punished in a cruel, inhuman or degrading way (section 12(1)(e) of the
Constitution), the right to an environment that is not harmful to their health and wellbeing
(section 24 of the Constitution), the right to be protected from maltreatment, neglect,
abuse or degradation (section 28(1)(d) of the Constitution), respecting the best interests
of the child principle (section 28(2) of the Constitution) and the right of children to
participate in matters concerning them (section 10 of the Children’s Act).

7) The Sanctioning Policy is set to assist with the application of sanctions in accordance
with the SACE Act and related legislation, the Code of Professional Ethics and to ensure
that complainants who have lodged complaints with SACE receive relief against
educators who are found to have conducted themselves in an unacceptable manner and
have been found guilty of such. The policy is further aimed at ensuring that SACE’s
findings and the sanctions imposed on educators are properly communicated to the
complainants, and where complainants are children, to their parents or caregivers.

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5. SANCTIONING GUIDING PRINCIPLES

The general principles governing SACE’s Sanctioning Policy are as follows:

5.1. Safeguarding and preserving the reputation and credibility of the teaching profession
by prescribing norms and standards of conduct expected from fit to practice educators.

5.2. Protecting the learners through the promotion of the best interests of the child principle
and the constitutionally protected rights of learners; protecting fellow educators, the
broader school community and where relevant, the general public, from unethical
conduct or unsatisfactory professional conduct or professional misconduct in the
teaching profession by educators.

5.3. Promoting a child-centred approach throughout disciplinary proceedings, which

requires that children who are victims of an educator’s misconduct or unprofessional
behaviour, and/or their parents/ caregivers, be consulted on appropriate sanctions and
be afforded a meaningful opportunity to make representations on an appropriate
sanction.

5.4. Maintaining, improving and promoting proper professional standards and conduct for
members of the profession by corrective action or imposing appropriate penalties
against unethical conduct or unsatisfactory professional conduct or professional
misconduct in the teaching profession.

5.5. Achieving a credible deterrence goal to encourage educators to both avoid unethical
or unsatisfactory professional conduct or professional misconduct in the teaching
profession and uphold the acceptable or prescribed norms and standards of fit to
practice educators.

5.6. Promoting rehabilitative sanctions aimed at correcting unsatisfactory professional

conduct.

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5.7. Maximising proportionality, clarity, consistency, impartiality & transparency in the
application of penalties on educators found guilty of unethical or unsatisfactory
professional conduct or professional misconduct in the teaching profession.

5.8. Ensuring decision makers ultimately retain discretion (with compelling reasons) and
reasonableness in administration of penalties in cases of unethical or unsatisfactory
professional conduct or professional misconduct by educators.

5.9. Applying appropriate penalties, which may include rehabilitative and/ or corrective
sanctions, in each individual case against educators found guilty of unethical or
unsatisfactory professional conduct or professional misconduct.

6. KEY FACTORS TO CONSIDER WHEN IMPOSING A SANCTION

6.1. When imposing a sanction on an educator a Presiding Officer and Ethics

Committee must consider the findings from the disciplinary enquiry.

6.2. While the general purpose of sanctioning is to protect the learners, other educators,
the broader school community and where relevant, the general public, in ensuring
that professional standards and the reputation of the teaching profession is
preserved, the disciplinary panel may take the following factors into account when
imposing a sanction on an educator, including but not limited to proportionality,
consistency, credible deterrence, mitigation and aggravation, the views of the
complainants, the best interest of the child, and the state of mind which are outlined
as follows:

6.2.1. Proportionality. In making the decision of what sanctions to impose the

Council will apply the principle of proportionality, balancing the maintenance of
ethical standards of professional conduct of educators, the best interest of the
child and the interests of the public against those of the registered educator.

6.2.2. Rationality. The principle of rationality in a disciplinary hearing refers to the

requirement that the proceedings and decisions in the hearing must be logical,
fair, and based on sound reasoning. This principle ensures that the process is
conducted in a just and objective manner, while considering all relevant
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 evidence and following established rules and procedures. The disciplinary body
or tribunal must make decisions that are well-founded and can be justified,
considering the facts and circumstances presented during the hearing. This
principle helps to safeguard the rights of the individuals involved and maintain
transparency and accountability in the disciplinary process.

6.2.3. Consistency. In deciding on a sanction, the Council will ensure that similar
offences, or acts of misconduct, should be treated alike, and different cases
treated differently. This means if two educators are guilty of the same act of
misconduct, they should, in theory, receive the same sanction.

6.2.4. Deterrence. In deciding the appropriate sanction, the Presiding Officer and
Ethics Committee may consider the conduct of the educator to prevent
recurrence. Deterrence is to also ensure other educators would be deterred
from committing similar offences.

6.2.5. Possibility of rehabilitation. In determining the appropriate sanction, the

Presiding Officer and Ethics Committee may consider whether an educator
found guilty of violating SACE’s Code of Professional Ethics would benefit from
rehabilitative or corrective measures that would assist in improving an
educator’s conduct and skills in the workplace.

6.2.6. Precedence with discretion. In consideration of the decision to sanction an

educator who has been found guilty, the Presiding Officer and Ethics
Committee may consider treating similar offences the same way thus applying
the same standard to all similar offences or measuring all by the same standard.
This does not necessarily mean that the same sanction must be applied in every
instance of the same act of misconduct, but that the same procedure must be
applied in addressing similar instances of the same act of misconduct.

6.2.7. Mitigation. In considering the facts of the case, the Presiding Officer and/or
Disciplinary Panel and Ethics Committee may consider the evidence presented
to it by way of mitigation on behalf of the educator in question. Mitigation may
consider:
a) Character evidence and/or references;

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 b) Time elapsed since the incident/s occurred;
c) Any apologies to the complainant/person in question (remorse shown);
d) Disability;
e) Illness;
f) Inexperience/vulnerability/duress/provocation;
g) Surrounding circumstances including those leading up to the incident/s under
consideration;
h) Effort was made by the educator and/ or the employer to avoid recurrence of such
behaviour;
i) When considering character evidence or references submitted in mitigation by the
registered educator, it is incumbent upon the Panel to give regard to how recent
they are, the nature of the providers of the references, whether the providers were
aware of the allegation(s) against the teacher and provided the reference or
testimonial knowing that it would be used within the context of disciplinary
proceedings.
j) The extent to which mitigation should influence the Panel and Council’s decision,
is dependent on the individual circumstances of the case at hand and is at the
discretion of the Panel and Council.

6.2.8. Aggravation. The Presiding Officer and/or the Disciplinary Panel and Ethics
Committee may consider any aggravating factors, which have the effect of
increasing the convicted educator’s moral blameworthiness or his or her guilt.
The Panel may also consider any aggravating factors in respect of the conduct
of the registered educator such as:
6.2.8.1. The nature of the misconduct;
6.2.8.2. The severity of the educator’s conduct;
6.2.8.3. The impact that the conduct of an educator had on an affected learner
and/ or their family, another educator or member of the public, such as
the extent of physical, emotional, financial or psychological harm
suffered.
6.2.8.4. The vulnerability of those harmed, which would include, for example,
personal circumstances such as age, disability, illness and poverty of a
learner, other educator or member of the public;
6.2.8.5. Number of learners or colleagues that have been harmed by the
educator in the incidence under investigation;
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 6.2.8.6. The seriousness of the matters at issue in the finding of professional
misconduct;
6.2.8.7. Whether there has been an abuse of a position of trust and/or harm
caused to a learner/colleague or other person;
6.2.8.8. Whether there is an indication of a pattern of behaviour (habitual) as
opposed to an isolated event;
6.2.8.9. The extent to which the behaviour or act was deliberate and intended;
6.2.8.10. The character and previous history of the registered educator;
6.2.8.11. Preceding and/ subsequent conduct of the educator including bribery,
intimidation, bullying, and further victimization of the learner

6.2.9. Consideration of the submissions of the victim and or complainant on the

recommended sanction to be imposed
In all disciplinary procedures in which an educator is found guilty of misconduct which directly
concern learner/s, the affected learner and / or their parents/ caregivers must be consulted
on an appropriate sanction and be provided with a meaningful opportunity to make
representations on an appropriate sanction. The views of the learner and / or their parents/
caregivers must therefore be taken into consideration before a sanction has been determined.

6.2.10 State of mind (Intent) In considering a sanction to impose on an educator found guilty
of professional misconduct, the Panel and Council may consider the legal
blameworthiness or the reprehensible state of mind or conduct of someone who has
acted wrongfully in the sense of the educator’s attitude or disposition in committing the
professional misconduct.

a) Unintentional (accidental) The educator could not foresee, and did not
intend, the harm which is caused to a learner, colleague and any other person.
The panel must consider the circumstances of each case to determine if the
professional misconduct was unintended or a result of negligence. However,
the educator guilty of professional misconduct ought to show that s/he
attempted, albeit unsuccessfully, to comply with a duty in the Code of
Professional Ethics and his or her attempt coincided with what the reasonable
educator would have done, his or her unprofessional conduct is not
accompanied by unreasonable negligent conduct and the damage or harm

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 could not reasonably have been prevented, hence the educator may not be
liable.

b) Negligent (careless) The Panel or Council in reaching a sanctioning

decision may consider whether the professional misconduct for which the
educator has been convicted was an unreasonable omission, commission,
or violation of the Code of Professional Ethics or the Constitution. The
conduct was wrongful according to the Code of Professional Ethics or the
Constitution given that a legal duty or professional ethical duty rested on the
educator to act positively to prevent the harm or injury and therefore
neglected to comply with such duty.

c) Reckless (clearly should have known). In deciding on a sanction, the

Panel or Council may consider the degree of negligence if proof of the facts
would go to show that the educator found guilty of professional misconduct
foresaw the consequence of his or her conduct, but recklessly carried on with
such conduct, regardless of the outcome, though it could have been avoided.
A reasonable educator who is expected to uphold ethical standards and is in
the register of fit to practice educators placed in the same circumstances
ought to have acted differently.

d) Intentional (deliberate). The Panel or Council, in deciding the sanction to

impose on a convicted educator, may consider that his or her professional
misconduct is a case of wilful violation of the Code of Professional Ethics or
the Constitution. The educator foresaw that his or her conduct could possibly
lead to the consequence – professional misconduct and foresaw that the
consequences in the circumstances would possibly be wrongful and
reconciled him or herself with these possibilities and still proceeded to
commit the misconduct with the intention to cause foreseeable harm.

6.2.11 Previous sanctions. Having heard all the evidence presented at the enquiry and after
the compilation of the report containing the findings by the Panel, the Panel must
request to be informed about previous findings in relation to the convicted educator to
reach a suitable sanctioning decision. The Panel may seek legal advice from an
assessor to consider the weight to be attached to previous findings or sanctions.

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6.2.12 The best interest of the child. The best interests of both the learners that have been
harmed by an educator, as well as those in the care of an educator (as protected in
section 28(2) of the Constitution) must be taken into consideration when determining
an appropriate sanction.

7. SCHEDULE OF SANCTIONS OR OTHER CORRECTIVE

MEASURES
The sanctions that Council may impose on an educator found guilty are as follows:

7.1 Official reprimand or censure

The Panel or Council may impose an official reprimand or censure/advisory letter
where the professional misconduct for which the educators was found guilty is of a
minor nature and there appears to be no continuing risk to the learners, other
educators, the broader school community and where relevant, the public in general.
Specific considerations for imposing this sanction include:
a) The educator demonstrates willingness to comply with directions and advice provided
by Council
b) Failure or conduct in question is the result of unavoidable accident
c) Conduct was not in deliberate disregard of professional obligations in terms of the
Code of Professional Ethics
d) The period over which misconduct took place was short and it was stopped as soon
as possible.
e) There has been early and genuine remorse directed towards the misconduct that had
been committed
f) There has been no or very little adverse consequence – it has not caused material
distress, inconvenience or loss
g) There has been an early admission and acceptance of guilt by the educator.
h) There has been a consequence management process conducted by the employer
such that the outcome is satisfactory to Council.
i) Council may recommend, where applicable, that the educator/s found guilty be
subjected to a remedial or corrective SACE endorsed programme at his/her own cost.

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7.2 Fine

The Panel may recommend, and Council may impose, a fine of not more than one month’s
salary where:
a) It is the only means available if:
i. Deterrence cannot be effectively achieved by issuing another
sanction such as reprimand or severe reprimand alone
ii. The educator has derived any financial gain or benefit
iii. The educator could have avoided loss as a result of unprofessional
conduct
iv. Whether the educator caused or encouraged other individuals to
commit reprehensible conduct.

b) A fine may be imposed on an educator as a stand-alone sanction or can

be made in conjunction with all other available and appropriate
sanctions, including suspended removal having regard to the nature and
circumstances of each case.

c) The conduct for which this sanction is imposed is no longer a threat to

learners and a fine is a reasonable sanction in this context.

7.3 Removal from the register of educators i.e. (Suspended Removal; Removal for a
Period and Removal Indefinitely)

7.3.1. The Presiding Officer and/or Disciplinary Panel may recommend, and Council may
take the decision of, removal of an educator from the register where it is
appropriate, namely where:
a) It is the only means available of protecting the public, in particular
learners and teachers, and of maintaining public confidence in the
teaching profession
b) The finding or findings indicate a serious violation of the Code of
Professional Ethics and are fundamentally incompatible with what is
required of a registered educator
c) There was evidence of harmful deep-seated personality or attitudinal
problems.

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 d) The continuing presence of the educator potentially presents a threat to
the schooling community, and particularly the learners in that
community.
7.3.2. Once a registered educator’s name is removed from the register, he or she may
not be eligible to apply to be readmitted on the register before the expiration of a
specified period, as determined by the Council.

7.3.3. Whether removal is appropriate will depend on the particular facts of each case.
The Panel should consider this guidance, including the factors outlined in clause 6
above when deciding whether it is sufficient to remove a teacher from the register.

7.3.4. Council may recommend that the educator found guilty be subjected to a remedial
or corrective SACE endorsed professional development programme at his/her own
cost.

7.4. Rehabilitative and / or Corrective Sanctions

7.4.1 The Panel may recommend, and the Council may take the decision, that a corrective
and/ or rehabilitative sanction should be imposed on an educator found guilty of
professional misconduct.

7.4.2 This sanction is aimed at improving and adjusting the educator’s current behaviour or
attitude by equipping the educator with the necessary tools and knowledge to prevent
misconduct in the future. This may include educator training on, for example, anger
management, training on SACE’s Code of Professional Ethics, training on sexual
harassment and/ or non-violent forms of discipline.

7.4.3 This sanction may be imposed together with any of the sanctions listed above, except
where an educator is permanently removed from the roll, and is appropriate where:
a) There is a risk that an educator’s misconduct may be repeated;
b) An educator’s misconduct can be rectified and prevented through technique
or behavioural changes; and
c) There is a reasonable view that the personal development programme is an
appropriate corrective measure, and the educator is unlikely to threaten the
well-being of learners at the school.
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7.5 RESTORATIVE JUSTICE INTERVENTIONS

7.5.1 Owing to the breakdown in the trust relationship between the educator, learner and
family, as well as the need to restore the faith of the learner and community in the
teaching profession, educators must engage in restorative justice interventions. This
can be done in person or in writing, where the educator can apologise for their conduct.

8. MANDATORY REFERRAL OF AN EDUCATOR TO THE DEPARTMENT OF SOCIAL

DEVELOPMENT TO BE PLACED ON THE CHILD PROTECTION REGISTER

8.1. In accordance with section 120(1)(c) of the Children’s Act, when an educator is found
by SACE to be unsuitable to work with children, SACE must immediately refer such
an educator to the Department of Social Development to be placed on Part B of the
Child Protection Register (CPR).

SANCTIONING DECISION PROCESS FLOW CHART

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 9. SANCTIONING OF ETHICAL VIOLATIONS

CONTRAVENTIONS OF THE CODE SANCTIONING

OF PROFESSIONAL ETHICS
Proposing love and/or attempting to and/or Soliciting Removal of an educator’s name from the register of educators as held
a Love Relationship, to a learner by SACE, which removal is suspended for a period of 15 (Fifteen) years with
a view that the educator is not found guilty of a similar contravention and a fine
of a monthly salary payable within a period of twelve (12) months.

Malicious Communication; Cyberbullying on Denotes a Removal of an educator’s name from the register of educators
social media towards the learners, other educators, as held and administered by SACE for a minimum of 20 (Twenty) years of
the broader school community and where relevant, which the educator can reapply for readmission and his admission shall
the general public depend on the documents of evidence of rehabilitation and the name be
submitted to the Department of Social Development as per the Children’s
Act 38 of 2005, Sec. 120(1)(c) and (2)(c).
Council reserves the right to admit such an educator after serving the
CONTRAVENTIONS period of removal.
RELATED TO
SEXUAL ACTIVITIES Sexual Relationship with a learner/s. Removal of an educator’s name from the register of educators as held
and administered by SACE indefinitely without an option of reapplying
for readmission and the name be submitted to the Department of Social
Development as per the Children’s Act 38 of 2005, Sec. 120(1)(c) and (2)(c).

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 Council may open a criminal case against the educator on establishing
the alleged abuse during the investigation phase as per the Criminal Law
(Sexual Offence and Related Matters) Amendment Act 32 of 2007, Sec.
54(1)(a).

Sexual harassment of the learners, other educators, Removal of an educator’s name from the register of educators as held
the broader school community and where relevant, and administered by SACE indefinitely without an option of reapplying
the general public. for readmission and the name be submitted to the Department of Social
Development as per the Children’s Act 38 of 2005, Sec. 120(1)(c) and (2)(c).
Council may open a criminal case against the educator on establishing
the alleged abuse during the investigation phase as per the Criminal Law
(Sexual Offence and Related Matters) Amendment Act 32 of 2007, Sec.
54(1)(a).

Sexual assault on the learners, other educators, the Removal of an educator’s name from the register of educators as held
broader school community and where relevant, the and administered by SACE indefinitely without an option of reapplying
general public. for readmission and the name be submitted to the Department of Social
Development as per the Children’s Act 38 of 2005, Sec. 120(1)(c) and (2)(c).
Council may open a criminal case against the educator on establishing
the alleged abuse during the investigation phase as per the Criminal Law
(Sexual Offence and Related Matters) Amendment Act 32 of 2007, Sec.
54(1)(a).

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 Indecent assault of the learners, other educators, Removal of an educator’s name from the register of educators as held
the broader school community and where relevant, and administered by SACE indefinitely without an option of reapplying
the general public. for readmission and the name be submitted to the Department of Social
Development as per the Children’s Act 38 of 2005, Sec. 120(1)(c) and (2)(c).
Council may open a criminal case against the educator on establishing
the alleged abuse during the investigation phase as per the Criminal Law
(Sexual Offence and Related Matters) Amendment Act 32 of 2007, Sec.
54(1)(a).

Sexual Intercourse with a learner/s. Removal of an educator’s name from the register of educators as held
and administered by SACE indefinitely without an option of reapplying
for readmission and the name be submitted to the Department of Social
Development as per the Children’s Act 38 of 2005, Sec. 120(1)(c) and (2)(c).
Council may open a criminal case against the educator on establishing
the alleged abuse during the investigation phase as per the Criminal Law
(Sexual Offence and Related Matters) Amendment Act 32 of 2007, Sec.
54(1)(a).
Statutory Rape. Removal of an educator’s name from the register of educators as held
and administered by SACE indefinitely without an option of reapplying
for readmission and the name be submitted to the Department of Social
Development as per the Children’s Act 38 of 2005, Sec. 120(1)(c) and (2)(c).
Council may open a criminal case against the educator on establishing
the alleged abuse during the investigation phase as per the Criminal Law

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 (Sexual Offence and Related Matters) Amendment Act 32 of 2007, Sec.
54(1)(a).

Rape of the learners, other educators, the broader Removal of an educator’s name from the register of educators as held
school community and where relevant, the general and administered by SACE indefinitely without an option of reapplying
public. for readmission and the name be submitted to the Department of Social
Development as per the Children’s Act 38 of 2005, Sec. 120(1)(c)) and (2)(c).
Council may open a criminal case against the educator on establishing
the alleged abuse during the investigation phase as per the Criminal Law
(Sexual Offence and Related Matters) Amendment Act 32 of 2007, Sec.
54(1)(a).

Displaying/showing pornography to the learners, Removal of an educator’s name from the register of educators as held
other educators, the broader school community and and administered by SACE indefinitely without an option of reapplying
where relevant, the general public. for readmission and the name be submitted to the Department of Social
Development as per the Children’s Act 38 of 2005, Sec. 120(1)(c) and (2)(c).
Council may open a criminal case against the educator on establishing
the alleged abuse during the investigation phase as per the Criminal Law
(Sexual Offence and Related Matters) Amendment Act 32 of 2007, Sec.
54(1)(a).

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CONTRAVENTIONS OF THE CODE SANCTIONING
OF PROFESSIONAL ETHICS
Attempts and/or Removal of an educator’s name from the register of educators as held by SACE, which Removal is
Threatening to suspended for a period of ten (10) years, with a view that the educator is not found guilty of a similar
CONTRAVENTIONS Assault the learners, contravention and a fine of a minimum of R15 000.00 payable within a period of twelve (12) months.
RELATED TO other educators, the
ASSAULT (INCLUDING broader school * Rehabilitative and/ or corrective sanctions such as anger management, training on non-violent disciplin
THE ADMINISTERING community and where techniques, or any other SACE endorsed remedial professional development programme are to be impose
OF CORPORAL relevant, the general where recurrence of unprofessional behaviour is established
PUNISHMENT) public
Common Assault on Removal of an educator’s name from the register of educators as held by SACE, which Removal is
to the learners, other suspended for a period of Fifteen (15) years, after the successful completion of rehabilitative and or
educators, the broader corrective sanctions such as anger management, training on non-violent discipline techniques, or any other
school community and SACE endorsed remedial professional development programme with a view that the educator is not found
where relevant, the guilty of a similar contravention and a fine of a monthly salary payable within a minimum period of twelve
general public (12) months.

Assault with intent to Removal of an educator’s name from the register of educators as held and administered by SACE
do Grievously Body indefinitely without an option of reapplying for readmission and the name be submitted to the
Harm on the learners, Department of Social Development as per the Children’s Act 38 of 2005, Sec. 120 (1)(c) and (2)(c)
other educators, the

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 broader school
community and where
relevant, the general
public.

CONTRAVENTIONS OF THE CODE SANCTIONING

OF PROFESSIONAL ETHICS
Withholding relevant information Removal of an educator’s name from the register of educators as held by SACE,
which Removal is suspended for ten (10) years with a view that the educator is not found
guilty of a similar contravention and a fine of a minimum of R15 000.00 payable within
twelve (12) months.

CONTRAVENTIONS Failure to comply; disclose and cooperate Removal of an educator’s name from the register of educators as held by SACE,
RELATED TO with the council and/or authority which Removal is suspended for ten (10) years with a view that the educator is not found
DISHONESTY guilty of a similar contravention and a fine of a minimum of R15 000.00 payable within
twelve (12) months.

Disclosure of important and Removal of an educator’s name from the register of educators as held by SACE
sensitive information indefinitely without an option of readmission.

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 Falsifying information and/or statements Removal of an educator’s name from the register of educators as held by SACE
and/or documents indefinitely without an option of readmission.
Corruption with regard to examination or Removal of an educator’s name from the register of educators as held by SACE
promotional reports indefinitely without an option of readmission.

Bribery and/or Soliciting of Bribe Removal of an educator’s name from the register of educators as held by SACE
indefinitely without an option of readmission.

CONTRAVENTIONS OF THE CODE SANCTIONING

OF PROFESSIONAL ETHICS
Removal
Insubordination (defiance, disobeying lawful and of an educator’s name from the register of educators as held by SACE,
reasonable instructions, undermining the council’s
which Removal is suspended for ten (10) years with a view that the educator is not found
and/or employer’s authority) guilty of a similar contravention and a fine of a minimum of R10 000.00 payable within
twelve (12) months.

CONTRAVENTIONS Insolence (disrespect, rudeness, abusive Removal of an educator’s name from the register of educators as held by SACE,
RELATED TO language which Removal is suspended for ten (10) years with a view that the educator is not found
PROFESSIONALISM cheekiness) towards the learners, other guilty of a similar contravention and a fine of a minimum of R10 000.00 payable within
educators, the broader school community twelve (12) months.
and where relevant, the general public.

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 Intimidation/Harassment/Humiliation/ Removal of an educator’s name from the register of educators as held by SACE,
Threats of the learners, other educators, the which Removal is suspended for ten (10) years with a view that the educator is not found
broader school community and where guilty of a similar contravention and a fine of a minimum of R25 000.00 or a Month Salary
relevant, the general public. payable within twelve (12) months.

*Rehabilitative and/ or corrective sanctions such as anger management, training

on non-violent discipline techniques, or any other SACE endorsed remedial
professional development programme are to be imposed where recurrence of
unprofessional behaviour is established
Employment of Unregistered and/or Removal of an educator’s name from the register of educators as held by SACE,
unqualified Educators or Persons to which Removal is suspended for ten (10) years with a view that the educator is not found
execute the responsibilities of an Educator guilty of a similar contravention and a fine of a minimum of R25 000.00 or a Month Salary
as per the PAM Document. payable within twelve (12) months.

Poor performance (other than incapacity) *Removal of an educator’s name from the register of educators indefinitely

CONTRAVENTIONS OF THE CODE SANCTIONING

OF PROFESSIONAL ETHICS

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 Reporting for duty whilst under the influence of Removal of an educator’s name from the register of educators as held by
alcohol SACE, which removal is suspended for Ten (10) years with a view that the
educator is not found guilty of a similar contravention and a fine of a minimum of
CONTRAVENTIONS R10 000.00 payable within twelve (12) months.

RELATED TO
Consumption of alcohol with learners, other Removal of an educator’s name from the register of educators as held by
ALCOHOL AND educators, the broader school community and SACE for a minimum of ten (10) years of which the educator may reapply for
where relevant, the general public on the school readmission. The Council reserves the right to admit such an educator.
DRUG ABUSE
premises and/or whilst on duty.

Intake of illegal drug/s with the learners, other Removal of an educator’s name from the register of educators as held by
educators, the broader school community and SACE indefinitely.
where relevant, the general public in the school
premises and/or whilst on duty

Severe alcohol/drug abuse Removal of an educator’s name from the register of educators indefinitely

CONTRAVENTIONS OF THE CODE SANCTIONING

OF PROFESSIONAL ETHICS

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 Carrying any dangerous weapons other than a firearm Removal of an educator’s name from the register of educators as held by
SACE for a minimum of ten (10) years of which the educator can reapply for
CONTRAVENTIONS
readmission. The
RELATED TO
Council reserves the right to admit such an educator.
DANGEROUS
Carrying and/or displaying a firearm with authorization Removal of an educator’s name from the register of educators as held by
WEAPONS SACE indefinitely without an option of readmission.

CONTRAVENTIONS OF THE CODE SANCTIONING

OF PROFESSIONAL ETHICS
Unfair and/or Unjust Discrimination actions towards Removal of an educator’s name from the register of educators as held by
CONTRAVENTIONS the learners, other educators, the broader school SACE for a period of ten (10) years but suspended with a fine ranging from
RELATED TO community and where relevant, the general public. in R10 000.00 to R30 000.00 and/or a Removal of an educator’s name from the
DISCRIMINATION terms of age; nationality; pregnancy; religion and register of educators as held by SACE for a period. The council reserves the
equal pay; race, gender, ethnic or social origin, colour, right to admit such an educator.
sexual orientation, disability, etc

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 10 REVIEW AND APPROVAL

10.1 This policy must be reviewed and approved after two years, or as and when the need
arises.
10.2 This Policy must be approved by the Council.

RANK NAME SIGNATURE DATE

CEO: SACE Ms ME Mokgalane 17 September 2024

COUNCIL Mr. LGM Cele 17 September 2024

CHAIRPERSON

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