POLICY WITH REGARD TO THE MONITORING AND INTERCEPTION OF ANY COMMUNICATIONS IN THE SCHOOL AND THE MONITORING OF LEARNER AND EMPLOYEE ACTIVITIES
1.1. As part of the normal day to day activities of learners and employees in the school, learners and employees shall have access to, utilize and work with a variety of school equipment, facilities and infrastructure, both on school premises and at other working sites/areas.
1.2. Also as part of the normal day today activities of learners and employees in the school, learners and employees are expected to perform a variety of functions and duties, as may be determined from time to time, both on school premises and at other working sites/areas.
1.3. In order to properly regulate, manage and control its business, it is imperative that the school properly monitor all of the activities referred to above, in the operational interest of the school.
1.4. This policy will apply at all times to all learners and employees. The terms of this policy shall in fact form part of the terms and conditions of the admission of learners or employment of employees in the school.
1.5. The school is “St Andrew’s School Bloemfontein”.
1.6. An employee is defined as any person who signs a contract of employment with the school or who has a contract of employment with the State and is based at the school.
1.7. A learner is any person so defined in the South African Schools’ Act of 1996.
2.1. In terms of this policy, the school and learners and employees agree and confirm that any communications by learners and employees may be monitored by the school from time to time, and that learners and employees have been informed of, and are fully aware of, such monitoring.
2.2. “Communications” includes both a direct and an indirect communication.
2.3. “Monitor / Monitoring” means to listen to or record communications by means of a monitoring device.
2.4. “Monitoring Device” means any electronic, mechanical or other instrument device, equipment or apparatus which is used or can be used, whether by itself or in combination with any other instrument, device, equipment or apparatus to listen to or record any communication.
2.5. Without derogating from the aforementioned consent or from the definitions of direct or indirect communications in the Act No. 70 of 2002: Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (and its amendments), it is recorded that the school may audit, monitor, listen to, record, view, examine or inspect (as the case may be) the learner or employee’s emails, Internet use, and the learner or employee specifically acknowledges and agrees that this will be the case at all times.
2.6. The parties record and agree that the school’s communication systems are to be used solely for legitimate business purposes and the learner or employee agrees to use the aforesaid communications systems in accordance therewith and in terms of the school’s policy and procedures. The learner or employee acknowledges and agrees that any use of school communication systems, facilities, equipment and facilities shall be designated and determined to be for school business use.
2.7. Monitoring in terms of this policy shall be carried out by a member of management designated by the principal in writing as the responsible person to be responsible for the carrying out of such monitoring.
2.8. Any information or evidence or documents obtained or procured by the school through monitoring of communications may be used as evidence against any learner or employee in any proceedings, whether internally in the school or in any tribunal, forum or Court.
- SURVEILLANCE OF ACTIVITIES
3.1. The school shall be entitled to monitor any and all learner and employee activities at the school, on any school premises, facility, vehicle or premises and/or facilities of customers of the school.
3.2. Such monitoring may be carried out by personal observation, surveillance equipment, CCTV surveillance and/or searches of learner’s and employee’s person or property from time to time.
3.3. Learners and employees shall be required to co-operate and/or assist and/or participate in any investigations or searches carried out by the school in terms of this policy, and shall comply with any instructions given by the school in this regard.
3.4. It is specifically recorded that the learner and employee has been informed of, and is aware of the fact that such monitoring may take place from time to time, and hereby and herewith agrees in writing to such monitoring.
3.5. The parties acknowledge and agree that all monitoring in terms of this policy and clause is essential and necessary for the operational requirements of the business of the school and in order to protect the business of the school against unlawful activities, losses, shrinkage and any other form of harm or damage.
3.6. Any information or evidence or documents obtained or procured by the school through surveillance of activities may be used as evidence against any learner or employee in any proceedings, whether internally in the school or in any tribunal, forum or Court.
- GENERAL CONDITIONS
4.1. It is recorded that any breach of any of the terms of this policy shall be considered to be material misconduct and could carry the penalty of termination of the employment of the employee even for a first instance transgression.
4.2. No alteration, cancellation, variation of or addition hereto shall be of any force or effect unless reduced to writing.
4.3. No party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
4.4. No indulgence granted by any party to the other(s) shall be deemed in any way to affect, prejudice or derogate from the rights of such party in any respect under this policy, nor shall it in any way be regarded as a waiver of any rights hereunder, nor constitute a novation thereof.
THUS DONE and SIGNED at on this the day of 2014.
FOR AND ON BEHALF OF THE SCHOOL
THUS DONE and SIGNED at on this the day of 2014.