Four years after a teacher fled a North West school with a crowd baying for his blood after accusing him of having an improper relationship with a 13-year-old pupil, he has been found not guilty.
The Education Labour Relations Council (ELRC) made this award on September 29 year after a lengthy arbitration which took place on dates during January and March 2023 and May, July and September this year.
The education department accused the teacher at Majakaneng Primary School of misconduct and alleged he was involved in a sexual relationship with a Grade 7 pupil during 2021.
On August 19 2021, the principal, two deputies, school governing body (SGB) members, the pupil, her mother and her brother attended a meeting at the school. The aim of the meeting was to inform the teacher about the allegation levelled against him.
In that meeting, the principal said she would inform the department of education as the procedure dictated.
Two days later, the SGB and community members stormed into the principal’s office looking for the teacher.
During his testimony to the ELRC, the teacher indicated that a a mob was at the gate showing the seriousness of the situation at the time.
The principal tried to convince the mob that the department would decide because the matter was with them.
“The mob wanted (the teacher). The principal with his two deputies accompanied (the teacher) to his car protecting him against the shouting community members (who were) hurling strong words at (the teacher),“ ELRC arbitrator advocate S Fourie said.
The teacher never reported back to school for work, but he continued to receive his salary.
The department alleged the teacher gave the pupil a lift to a petrol station and gave her R20. It also alleged the teacher phoned her and ended calls by saying “love you”, put his hand under her skirt and touched her thighs.
The pupil testified the teacher had assigned her to deal with the class attendance register during the Covid-19 period and submit it to him in the staff room, where he would sometimes be with other teachers and other times alone.
She testified she would usually go with her friend to submit the registers until the teacher told her not to bring her friend with her, though he gave no reason for it.
The teacher denied all the allegations. He denied he drove anywhere with the pupil and said he only saw the pupil at school and with a friend in the staff room. The teacher also denied asking whether she was a virgin.
The teacher said the confusion that created the impression of a relationship was when he asked the pupil to assist him with registers. He said he stopped her coming as a group to the staff room because of teacher complaints. He added the agreement with the pupil was that she submit the registers and leave.
The arbitrator found the evidence led by the department failed to establish misconduct with the necessary certainty, on a balance of probabilities.
“Substantive fairness under the Labour Relations Act requires the employer to prove misconduct on a balance of probabilities with credible, consistent and corroborated evidence.
“Here, the evidence falls short, especially given the serious nature of allegations and the need to protect the dignity and rights of all parties,” Fourie said.
The arbitrator found the pupil was not credible in her evidence. Her friend who testified contradicted herself.
“Both learners provided serious allegations implicating (the teacher) in inappropriate conduct. However, their testimonies contain notable contradictions and inconsistencies regarding key details.”
Fourie said complainants of alleged abuse who were minors were treated with special care.
“However, contradictions and indications of pressured testimony directs (us) to weigh their evidence cautiously, distinguishing genuine disclosure from possible exaggeration or fabrication.”
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