Veteran maths teacher fired for sexually assaulting pupil

Colleagues' attempts to defend teacher's whereabouts rejected as unconvincing by ELRC

More than 370-million girls and women alive today, or one in every eight worldwide, experienced rape or sexual assault before the age of 18, Unicef said. Stock photo.
The arbitrator said parents entrusted teachers not only to impart knowledge, but to act as protectors and surrogate parents while children are at school. Stock photo. (123RF/canjoena)

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A mathematics teacher with 30 years’ experience has been dismissed after the Education Labour Relations Council (ELRC) found him guilty of sexually assaulting a grade 11 pupil.

In an award made on July 30, arbitrator Boyce Monde found Nyasha Kuwandira, who taught at Hammanskraal Secondary School in Tshwane, guilty of violating Section 17(1)(b) of the Employment of Educators Act. The law mandates a sanction of dismissal for teachers found guilty of sexually assaulting pupils.

The Gauteng department of education alleged that on September 11 2025, the teacher committed an act of sexual assault in that he touched and squeezed a grade 11 girl’s breast in school. Kuwandira pleaded not guilty.

The department called learner A as its first witness before the ELRC. She testified she is 18 years and was doing grade 11 in 2025.

On September 11 2025 while she was in a geography class, a female teacher asked her to take the pupils’ assignments to the staffroom and asked learner B to accompany her.

On entering the staffroom, learner A put the assignments on the teacher’s desk. Kuwandira then entered the staffroom and asked the two pupils to greet him in Tsonga. She greeted him in English, but Kuwandira asked her to come closer to him and greet him in Tsonga.

“She went and stood in front of the employee, and the employee squeezed her breast and did so four times before she pushed his hand away,” the arbitrator said in summarising learner A’s testimony. During the alleged incident, learner B was standing next to the door.

Learner A went to the door and on exiting the staffroom, asked learner B if she saw what happened, and learner B responded that she did see what happened. They then returned to the classroom. Learner B also testified that she witnessed the incident.

Learner A reported the incident to the teacher who had sent her to the staffroom. The teacher then reported it to the principal.

Kuwandira pleaded not guilty and testified he was not in the staffroom during the time of the alleged incident. He said at no stage did he touch learner A’s breast as alleged. He said he only saw learner A when he went to teach the third class.

Two teachers testified on behalf of the maths teacher and said no pupils entered the staffroom on the day.

In explaining a motive for the allegation following a question posed during cross-examination on why the pupils would single him out while there were many other male teachers at the school, the teacher referred to a deputy principal’s post that was advertised with interviews scheduled to commence in October 2025.

Kuwandira intimated that the allegation arose because he had applied for the position, was more experienced with none of the other educators possessing the qualifications he has.

The arbitrator said Kuwandira did not substantiate this claim by way of evidence pointing to the individual/s who might be involved in a conspiracy to have him charged.

The arbitrator rejected testimony from two supporting teachers, finding their claims about Kuwandira’s whereabouts unconvincing. He regarded their testimony as an attempt to shield and protect Kuwandira.

“I had no reason not to believe the version presented by the learners as I found them to be credible witnesses with nothing to gain, at least as far as evidence suggests.”

The arbitrator said Kuwandira’s experience should have taught him that engaging in the conduct of sexually assaulting a learner carries serious consequences.

Boyce said parents entrusted teachers not only to impart knowledge, but to act as protectors and surrogate parents while children are at school.

“It is thus important for a clear message to be sent out that any breach of such trust can never be tolerated.”

However, Boyce said Kuwandira has the right to take this award on review to the labour court as envisaged in the Labour Relations Act and must do so within the prescribed timeframe.

TimesLIVE



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