Dismissal for head of department who sexually harassed pupils and teachers

A teacher who was accused of sexually harassing three pupils and two teachers at Westonaria High School was dismissed after the Education Labour Relations Council found him guilty of contravening the Employment of Educators Act. 

The act specifies that an educator is guilty of misconduct if he or she behaves in a disgraceful, improper or unbecoming manner or, while on duty, commits sexual or any other form of harassment. 

Prempeh Agyemang faced five charges relating to incidents which occurred during January and February 2023, where he allegedly inappropriately touched some pupils. Agyemang had pleaded not guilty to the allegations, claiming he was targeted because he was a black foreigner. 

One of the charges read: “As an educator, you sexually assaulted a female learner, OM in that you touched her breast, moved your hand on her backside and told her that she would fail at the end of the year, while you knew or ought to have known that it was wrong to do so.” 

Another charge was that Agyemang looked at the pupil’s “bums and told her that her skirt is too long” and that she must wear a short skirt.

On that day, Agyemang was wearing traditional attire and he came to whisper directly in her ear saying that she was beautiful. She told another teacher that she did not feel comfortable around Agyemang.

—  Themba Manganyi, arbitrator

One of the teachers testified under oath that she was invigilating grade 10 pupils and she had to accompany a girl pupil to the restrooms.

“When she was waiting for the (pupil), Agyemang came to her and made facial sexual gestures and tried to touch her. However, his actions were interrupted by the (pupil) when she came out of the restrooms,” arbitrator Themba Manganyi said. 

The teacher also testified there was a second incident when they were in the school’s kitchen.

“On that day, Agyemang was wearing traditional attire and he came to whisper directly in her ear saying that she was beautiful. She told another teacher that she did not feel comfortable around Agyemang,” Manganyi wrote in his award. 

She told her partner and then her head of department about the incident, who promised he would talk to Agyemang “man to man”.

“After the (head of department) spoke to Agyemang, Agyemang apologised to her in passing.” 

Agyemang, who said he was from Ghana and came to South Africa in 2010 to look for greener pastures, said he started at Westonaria High School as head of department in November 2022.

“He stated that when he started at this post, 25 teachers resigned because they were not comfortable with him being black and a foreigner,” Manganyi said. 

Agyemang testified that in the middle of February 2023, he received a letter alleging his misconduct. He stated it was the first time that he had allegations levelled against him.

Agyemang said he was shocked when he learnt that he told a learner to shorten her skirt.

He said all the allegations levelled against him were fabricated. He stated it was a culture to hug the teachers he was travelling with, and he would say to them they were his junior wives.

He stated that the black female teachers reported him because they were panicking they would not get permanent posts. 

Manganyi said Agyemang did little, if nothing at all, to challenge the witnesses’ testimonies.

He said one of the teachers’ unchallenged testimony was that Agyemang apologised to her after her head of department spoke to him. “If indeed there was nothing inappropriate that Agyemang did to her, there would not have been a need for him to apologise at all.” 

Manganyi said Agyemang did not dispute that he whispered in her ear that she was beautiful and that he made sexual gestures with his face. “In my view, that conduct was inappropriate.” 

The arbitrator said all the pupils who testified understood the consequences of not telling the truth.

“Their testimony was not rehearsed and in some instances, their testimony was corroborated by witnesses who observed the incidents,” Manganyi said. 

Manganyi said Agyemang’s assertion that he was targeted because he was a black foreigner was without merit and was not supported by evidence. 

“His argument that the new educators were threatened that their temporary contracts of employment would not be renewed is baseless.” 

The arbitrator also found that Agyemang was unsuitable to work with children and ordered that his name be entered into the social development’s national child protection register.