A teenage girl has described in shocking and lurid detail how she was sexually assaulted by her teacher in a storeroom at Dundee High School in KwaZulu-Natal.
The Education Labour Relations Council (ELRC) — a bargaining council for teachers — found the educator guilty of sexual misconduct on September 12 and ordered the provincial education department to immediately dismiss him.
National Prosecuting Authority KZN spokesperson Natasha Ramkisson-Kara confirmed to TimesLIVE Premium that the teacher is facing a rape charge and that his first appearance in the Dundee regional court is scheduled for October 25.
It is understood he was arrested in February and was finally released on August 24 on bail of R20,000.
At an ELRC arbitration hearing on August 31, the 14-year-old pupil said that during a break in her art exams on February 18, she went to the teacher’s classroom to complete her assignment and maths homework.
When she got there, they spoke and laughed about her previous subject, which was technology. She then finished her maths homework.
The girl said she had a maths assignment for the following week and the teacher told her there was a textbook in the storeroom and she should meet him there to receive it when she was done.
She packed her bag and went to the storeroom, where she found the textbook.
The girl testified she found the door was locked when she tried to leave the storeroom.
She was a credible and reliable witness. She gave a precise account of what had happened, and there was absolutely no reason to believe that she was not being honest and truthful.
— Raj Shanker, senior ELRC arbitrator
According to a transcript of the arbitration award, “she didn’t want to jump to conclusions and she carried on browsing at books”.
“She then felt the teacher approach her from behind and touch her thighs. She asked him to stop and pushed his hands away. He put his hands on her thighs again, but this time he went higher and moved her shorts and underwear aside.”
She said he then sexually assaulted her.
“She started crying and asked him to stop. He did stop, and she thought it was over.”
According to the transcript, he pushed her against a desk and pulled down her shorts.
“Her underwear was still on. He removed his pants and slid her underwear to one side.”
According to the transcript of the proceedings, he then penetrated her.
“He blocked her mouth every time she screamed. On her third scream, he punched her on her chest. He then touched her breasts and said, ‘You bruise very easily.’”
The transcript stated: “She tried everything to get out but couldn’t ... She grabbed all her things. He opened the door and let her out.”
The girl testified that the storeroom was on the second floor and though it had windows, people couldn’t see inside.
“She went to the bathroom before going to the tuck shop to find her friend. She told her friend what happened and then reported the matter to the school.”
According to the transcript, “she still suffers from depression, especially at night. After the assault, she does not know what it feels like to be happy any more.”
Senior ELRC arbitrator Raj Shanker, who heard only the evidence of the pupil, said she was “a credible and reliable witness”.
“She gave a precise account of what had happened, and there was absolutely no reason to believe that she was not being honest and truthful. There was also nothing inherently improbable in her version. I accept her version that she was sexually assaulted by the teacher.”
Shanker said in his ruling that he did not grant a postponement of the arbitration hearing requested by the teacher’s lawyer and “decided to proceed in default”.
He said the KZN education department opposed the application for a postponement for several reasons including that the matter had been postponed on two previous occasions, May 6 and June 28.
Shanker said the parties had agreed that the arbitration would proceed on August 31 and that both the teacher and his lawyer agreed they would be ready to proceed.
“Given the allegations against the teacher, the impact on the pupil was serious, the costs for the employer would be significant, especially if he had to be paid until the criminal case was finalised.”
He said he did not grant the application for postponement because there was no definite date in the near future to which the matter could be postponed, and “it would be unreasonable to postpone the matter pending the finalisation of the criminal case”.
Shanker said the teacher’s lawyer only advised him of his client’s bail conditions and that they would not be able to attend the arbitration hearing only after he telephoned him to enquire about their absence at the hearing.
According to the teacher’s bail conditions, he was required to leave KZN and stay in Gauteng until the start of his trial.
He was not allowed to make contact with the pupil or the witnesses and was also banned from making use of any social media platforms.
Shanker said that the ELRC must forward the ruling to the department of social development for the teacher’s name to be included in the child protection register as someone unsuitable to work with children.
He also asked the ELRC to send the sanction to the SA Council for Educators (Sace) “for appropriate action” to be taken against him.
The girl’s mother told TimesLIVE Premium they “feel great that at least one part of the justice has been done”.
“Winning the case in the ELRC is a light at the end of the tunnel. At least he will never be paid again.”
The teacher’s lawyer could not be reached for comment.
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