Maths teacher fired for 'exposing pupils to pornography and sexually assaulting teen'

A Northern Cape maths and English teacher has been sacked for watching porn with four pupils and sexually assaulting a 14-year-old girl. 

The teacher was also accused of getting pupils drunk and giving one a knife to stab the school manager. The teacher, whose name cannot be disclosed to protect underage pupils, was dismissed on Tuesday after a hearing by the Education Labour Relations Council.  

He has taught at the village school since 2019. The council's verdict, handed down by arbitrator advocate David Pietersen, details the teacher’s behaviour. He was suspended in November 2022, a few weeks after “porn” incident and presented with three charges.

He was accused of breaching the Employment of Educators Act by committing a “sexual assault on a student by viewing pornographic material with the student and then sexually assaulting the student when he knew or should have known that he was not permitted to do so”.  

The teacher was also accused of “being in possession of an intoxicating, illegal or stupefying substance on the school premises and giving it to some of the learners”. The provincial education department argued he was guilty of misconduct for “endangering the lives of others by disregarding safety rules or regulations” by giving an “underage learner a knife to assault the school manager and everyone who gets in their way”.  However, the department said it would pursue the last charges  in another forum.

Pietersen was told the teacher had an affair with a 14-year-old girl, at the time of the incident, at the school. In the ruling, Pietersen refers to the victim who was sexually violated as the “girl child” to protect her identity.  

Her aunt testified that “notwithstanding the girl's poor school attendance, the child always passed her exams”. She testified that “on the day before the arbitration hearing [August 9 2023]” a South African Democratic Teachers' Union (Sadtu) representative “went to fetch the child at their home and after which the girl never returned home and was also absent from school on August 10 2023”.

The aunt told Pietersen the teen used to sleep at the teacher’s house. 

A 13-year-old pupil who testified on behalf of the department said he, another boy and the girl accompanied the teacher to his home.   

“The boy testified the [teacher], at his home, showed them pornographic material on his laptop, whereafter the employee took the girl to his bedroom, and left him and [the other boy] outside. He testified he heard the girl making sexual screaming noises from the bedroom. The boy testified they did not give the [teacher] permission to show them pornographic material,” the ruling reads.  

“In cross-examination, the boy added that the girl was not alone, but accompanied by another girl, the two of whom were taken by the [teacher] to [his] bedroom. He stated he was asking [the other boys] why the girls were making noises and [the other boy] told him the [teacher] was having sex with the girls.

“The boy testified it was pornography movies they watched on the [teacher’s] laptop and the five of them watched the movies inside the [teacher’s] vehicle. He stated a previous, similar incident also took place, involving him, and two other learners.  The boy stated that this took place on a weekend.” 

The sexual assault victim was called to testify.  

“The child was emotional at the commencement of the examination in chief and the start of her testimony had to be delayed,” the ruling reads.  

She corroborated her aunt’s testimony. 

 “The girl testified how the [teacher] took them to his home, under a false pretence of asking them to help clean his residence, just for them to be exposed to pornographic movies, followed by the employee having sex with her,” the ruling reads.  

“The girl described the sexual intercourse as painful and the [teacher] slept with her on three different occasions. She stated the employee promised to kill her if she told anyone ... the [teacher] chased the others out of the room, while he had sex with her. 

“In cross-examination, the girl stood by her testimony and stated it was on the third occasion when the [teacher] had sex with her while other children were in close vicinity to the sexual act,” the ruling reads. 

The department’s representative submitted Sadtu's “full-time organiser” went to the child’s home the day before arbitration to intimidate her.  

The representative for the department argued for the teacher to be fired for sexually assaulting a minor and displaying prohibited pornographic material to four pupils. 

“The representative submitted the [department] had proven its case on balance of probabilities and the employee must be found guilty of the charge and dismissed. He further prayed that after a guilty finding of the employee, the employee’s name must be listed in the Child Protection Register.” 

The teacher also testified.

He regaled Pietersen about his “good character, such as the extra mile he went for the employer; the extra duties he performed for years without remuneration, the various positions he held on the different committees of the employer, including his involvement in the school governing body” and using his private vehicle to conduct official duties, sponsoring R10,000 of his own money to help the school feed children at an event.

However, he did not “comment or challenge” the allegations against him during  examination in chief. 

The teacher called six witnesses, two of them pupils, including the Sadtu shop steward accused of intimidating the victim.   

“He confirmed he visited the home of the girl, but with the purpose of engaging the child’s mother. [The shop steward] stated the mother told him the girl did not open up to her about the incident and had a habit of staying away from home and the brother of the girl was better than her,” the ruling reads. 

“In cross-examination, [the shop steward] stated he knows the consequences of perjury and denied intimidated the girl and stated he only spoke to the mother. In re-examination, he stated he eventually spoke to the girl but through the mother.” 

Pietersen found the teacher had sex with the girl and exposed the pupils to pornography.  

“He had a sexual relationship with a minor, a minor who could not give consent,” Pietersen said in the ruling.  

“The evidence of the [department] is overwhelming in that the [teacher] did not just expose the children to pornographic videos, but also sexually assaulted the girl at least three times (or two times) for that matter. This is in direct violation of the law and amounts to serious misconduct. The [teacher] is found guilty on the charge of sexual assault.” 

Pietersen ruled that the teacher should be fired.   

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