At least 48 teachers have been fired for sexually abusing pupils in the past 14 months across South Africa. The fired teachers have been declared unsuitable to work with children.
The Education Labour Relations Council (ELRC), which delivered the rulings, told Sowetan that from April 1 2022 to May 10 this year, 56 awards of sexual misconduct were issued, and 48 teachers were found guilty.
The council said with the scourge of sexual crimes, particularly against children, a collective agreement was concluded five years ago to ensure justice prevailed in cases where teachers were accused of sexual misconduct involving children.
Law centre Section27 has called on provincial education departments to adopt a “strict” vetting process when appointing staff at schools. “Schools should be safe and thriving spaces for learners,” said Section27 attorney Zeenat Sujee.
“The GBV (gender-based violence) crisis is concerning and it is restrictive for learners to achieve their full potential. South Africa’s statistics on GBV [are] indicative of the systemic failures plaguing South Africa.”
She added the department had an obligation to ensure the processes against the alleged perpetrators were dealt with expeditiously.
“They should resort to placing the perpetrators on the Child Protection Register and should have never been employed to work with children ... teachers are loco parentis, and the PEDs (provincial education departments) must ensure schools are safe for learners.”
In a recent ELRC ruling, a teacher was fired after he raped a grade 12 pupil at Katlehong High School in Ekurhuleni.
The pupil testified that in August 2021, the teacher stopped his vehicle next to her and rolled down his window. He invited her to get into the car and they drove to his home.
She said after the ordeal, she fell sick and missed her period and decided to take a pregnancy test, which came back positive.
When she told the teacher, he apparently said he was infertile but brought a bag of medication and gave her instructions on how to take it.
“After she took the medication, she started bleeding. When she went to the doctor, she was told she was two months and one day pregnant,” read the ruling.
The teacher was also accused of having sexual relations with two other pupils at the same school between 2019 and 2020.
In another ruling, a teacher was dismissed for remarking to grade 7 female pupils that they had big breasts. The teacher denied the allegations. His defence was that “it is all fabricated lies”, but the ELRC found his dismissal was fair.
ELRC general secretary Cindy Foca said in 2018, the council concluded a collective agreement in which all cases of sexual misconduct were dealt with through the Labour Relations Act.
The agreement was concluded to safeguard the rights of children involved in cases of sexual misconduct where they were either victims or witnesses, said Foca.
“This agreement provides for a singular process that ensures that these children are not exposed to secondary trauma.”
Foca added that before the agreement, there were three platforms available to pupils who were victims of sexual misconduct or witnesses: the provincial department of education’s internal disciplinary hearing processes, the South African Council for Educators’ (SACE) investigative process where the child was also required to testify; and the ELRC arbitration process, in the event the teacher referred a dispute to the council.
“The learner was required to testify in all three processes and relive the trauma. As learners are required to lead evidence, the council was faced with a grave challenge when both learners and parents were reluctant to testify afresh due to the fact that they had to present the same evidence about the same events in several hearings, exposing them to unnecessary mental trauma.
“Consequently, the employer was unable to prove their case and the alleged perpetrator was reinstated by default, due to lack of evidence.”
Sadtu spokesperson Nomusa Cembi said the union “welcomes any decision that ensures that learners are protected. It is not a good thing that a teacher entrusted to ensure that a learner should be safe is the one who violates the learner. We will always fight against anyone who violates a learner sexually even though we are a union for teachers.”
Naptosa’s executive director, Basil Manuel, told Sowetan the fact that the country had so many cases of sexual misconduct against teachers was “sad”. “We are obviously very concerned by accusations of this kind and also when it becomes a proven fact. We are happy that people are being identified and removed but we are saddened by the fact that there isn’t enough assistance for these children after the fact.”
SowetanLIVE
Concerns over high number of teachers found guilty of sexual assault
Forty-eight educators fired in just 14 months
Image: 123RF
At least 48 teachers have been fired for sexually abusing pupils in the past 14 months across South Africa. The fired teachers have been declared unsuitable to work with children.
The Education Labour Relations Council (ELRC), which delivered the rulings, told Sowetan that from April 1 2022 to May 10 this year, 56 awards of sexual misconduct were issued, and 48 teachers were found guilty.
The council said with the scourge of sexual crimes, particularly against children, a collective agreement was concluded five years ago to ensure justice prevailed in cases where teachers were accused of sexual misconduct involving children.
Law centre Section27 has called on provincial education departments to adopt a “strict” vetting process when appointing staff at schools. “Schools should be safe and thriving spaces for learners,” said Section27 attorney Zeenat Sujee.
“The GBV (gender-based violence) crisis is concerning and it is restrictive for learners to achieve their full potential. South Africa’s statistics on GBV [are] indicative of the systemic failures plaguing South Africa.”
She added the department had an obligation to ensure the processes against the alleged perpetrators were dealt with expeditiously.
“They should resort to placing the perpetrators on the Child Protection Register and should have never been employed to work with children ... teachers are loco parentis, and the PEDs (provincial education departments) must ensure schools are safe for learners.”
In a recent ELRC ruling, a teacher was fired after he raped a grade 12 pupil at Katlehong High School in Ekurhuleni.
The pupil testified that in August 2021, the teacher stopped his vehicle next to her and rolled down his window. He invited her to get into the car and they drove to his home.
She said after the ordeal, she fell sick and missed her period and decided to take a pregnancy test, which came back positive.
When she told the teacher, he apparently said he was infertile but brought a bag of medication and gave her instructions on how to take it.
“After she took the medication, she started bleeding. When she went to the doctor, she was told she was two months and one day pregnant,” read the ruling.
The teacher was also accused of having sexual relations with two other pupils at the same school between 2019 and 2020.
In another ruling, a teacher was dismissed for remarking to grade 7 female pupils that they had big breasts. The teacher denied the allegations. His defence was that “it is all fabricated lies”, but the ELRC found his dismissal was fair.
ELRC general secretary Cindy Foca said in 2018, the council concluded a collective agreement in which all cases of sexual misconduct were dealt with through the Labour Relations Act.
The agreement was concluded to safeguard the rights of children involved in cases of sexual misconduct where they were either victims or witnesses, said Foca.
“This agreement provides for a singular process that ensures that these children are not exposed to secondary trauma.”
Foca added that before the agreement, there were three platforms available to pupils who were victims of sexual misconduct or witnesses: the provincial department of education’s internal disciplinary hearing processes, the South African Council for Educators’ (SACE) investigative process where the child was also required to testify; and the ELRC arbitration process, in the event the teacher referred a dispute to the council.
“The learner was required to testify in all three processes and relive the trauma. As learners are required to lead evidence, the council was faced with a grave challenge when both learners and parents were reluctant to testify afresh due to the fact that they had to present the same evidence about the same events in several hearings, exposing them to unnecessary mental trauma.
“Consequently, the employer was unable to prove their case and the alleged perpetrator was reinstated by default, due to lack of evidence.”
Sadtu spokesperson Nomusa Cembi said the union “welcomes any decision that ensures that learners are protected. It is not a good thing that a teacher entrusted to ensure that a learner should be safe is the one who violates the learner. We will always fight against anyone who violates a learner sexually even though we are a union for teachers.”
Naptosa’s executive director, Basil Manuel, told Sowetan the fact that the country had so many cases of sexual misconduct against teachers was “sad”. “We are obviously very concerned by accusations of this kind and also when it becomes a proven fact. We are happy that people are being identified and removed but we are saddened by the fact that there isn’t enough assistance for these children after the fact.”
SowetanLIVE
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