DPSM against school managers’ allowance
Mpho Mokwape | Wednesday October 19, 2022 11:28
The Public Service Management has decided to appeal a 2021 court order which directed that school managers once employed as teachers and held prerequisite skills that attracted scarce skills before being promoted to managerial positions be paid their due scarce skills allowance.
The school managers per the court papers include school heads, heads of department, principal education officers, and deputy school heads amongst others. Now DPSM and its director are appealing the judgement on grounds that the managers are no longer teaching or carrying the same duties, therefore, they were prompted to withdraw such allowance on that account.
“The teachers were subsequently promoted to executive positions and the skills they have are no longer in use as they are not teaching or carrying out duties requiring those skills," DPSM argued.
In their appeal papers, DPSM has denied that they violated provisions of the guidelines of Public Service Management and that what they did was lawful and logical since those skills were no longer in use.
The appeal is against a Lobatse High Court judgement made by Justice Jennifer Dube that stated that as per the guidelines of Public Service Management Directive No 2 of 2008, on attraction and retention policy the managers qualified for the scarce skills regardless of any promotion.
Justice Dube had directed DPSM to pay scarce skills allowance arrears to the school managers from the date the scarce allowance was stopped to the date of payment and continue to receive the same.
“It is declared any decision of the Director of Public Service Management claiming overpayment for extension of scarce skill allowance to school heads, deputy school heads, heads of department and principal education officers holding scarce skill qualifications is unlawful and in violation of the guidelines for implementation of Public Service Management directive on attraction and retention policy, dated April 23, 2008,” stated the order.
She added that any decision to declare or deduct any alleged overpayment of scarce skill allowance to school managers who held qualifications attracting scarce skill allowance was suspended.
Meanwhile, the judgement followed a case in which BOSETU had taken DPSM to court on behalf of its members, who were employed as teachers by the Ministry of Basic Education and subsequently promoted to higher positions within the ministry. BOSETU at the time wanted the court to declare that the decision by payment of the Scarce Skills Allowance be extended to school heads, deputy school heads, department heads, and principal education officers holding scarce skills qualifications in accordance with guidelines for implementation of DPSM Directive No 2 of 2008, on the attraction and retention policy.
The union also wanted the court to direct that their members be reimbursed emanating from arrears accumulated from the time the allowance was stopped to the date of payment.
The union had at the time argued that the concerned members held scarce skill qualifications in Mathematics, Chemistry, Physics, Biology, and Business Studies which DPSM had admitted that it attracted payment for scarce skills allowance in terms of the Guidelines of 2008 directive.
“The termination was unlawful and illogical as it negatively affected their income and violated the guidelines of the directive,” BOSETU argued. The case will be heard before the Court of Appeal on Tuesday (October 18).