A Durban primary schoolteacher who admitted to inappropriate sex talk with a young girl but pleaded remorse and begged not to be fired as his cancer-stricken mother depends on him, has been dismissed.
Adrian Clinton Govinden, a former teacher at Pitlochry Primary School in Durban’s Westville, has been declared a sex offender and banned from working with children.
Govinden was charged with misconduct earlier this year after being accused of grooming a 12-year-old girl — identified only as Learner A — by sending her sexually explicit messages through TikTok and WhatsApp in March.
Govinden pleaded guilty to the offence of sexual grooming. He told Education Labour Relations Council arbitrator Ntombizonke Mbili that he did not want to waste time at the hearing, nor did he intend to prolong the case by having child witnesses called to testify.
He apologised for his actions, conceding he had crossed the line and breached the code of conduct and ethics. He claimed he was sorry and described his actions as something that he would have to live with for the rest of his life.
Govinden said he hoped that the KwaZulu-Natal education department would be lenient and issue him with a suspension or a written warning or allow him to resign rather than be dismissed because of the reputational damage he would suffer and the implications for his prospects of future employment.
“I wish to make the following humble submissions: I have been a dedicated and hardworking employee with 25 years of service ... Teaching has literally been the core of my life. I have always put the learner and the values of our constitution and education first. I have personally stood up against corruption, nepotism and racism in education, at great personal cost to my career. I believe that I still have value to add in the education sphere,” Govinden told the hearing.
“At my age it will be very challenging to find suitable employment in any other sector besides education which would meet my current financial commitments. My 79-year-old mother is dependent on me for her care. She is currently under treatment for cancer with an oncologist. Not being able to provide continuous, affordable medical aid cover for her would literally be life threatening.”
It is clear from the evidence that the respondent directed sexual messages to the student with a clear end in mind, he sought to introduce sexual behaviour to the learner in a manner that is unacceptable and clearly in breach of the Code of Conduct for Educators
— Nontobeko Mazibuko, KZN education department assistant manager
Govinden claimed he had not intended his transgressions and that his sexting had “started off as joking that got out of hand”. He said he was sorry and remorseful, and “would never harm any learner”.
Govinden said he had met the girl’s parents at the school after they had submitted a written report about his behaviour to the principal. He had read them an apology statement as they were “evidently upset”.
He said Learner A’s mother told him he had been her favourite teacher, but after receiving the messages, she had not known what to do. He said Learner A’s father had stated to the principal that the apology statement was “OK for now”. Govinden said he accepted that what had happened was the result of his own callous, reckless and unethical actions.
Govinden told the hearing he cared deeply for the children in his care and assured them he was not a danger to any child. He vowed it would never happen again and asked for any sanction short of dismissal, explaining there had never been any physical interaction between himself and Learner A.
KZN education department assistant manager Nontobeko Mazibuko argued that Govinden was aware of the rules and knew his actions constituted a dismissible offence and was only sorry because his career was at stake.
She said Govinden had betrayed the trust placed in him by the department and parents, and he should be declared unfit to work with children. Mbili agreed.
“It is clear from the evidence that the respondent directed sexual messages to the student with a clear end in mind, he sought to introduce sexual behaviour to the learner in a manner that is unacceptable and clearly in breach of the Code of Conduct for Educators,” she said.
The undisputed evidence demonstrated conduct of a sexual nature, and unlawful behaviour regarding the bodily integrity of a minor child.
Govinden had failed to give any justification for his conduct, which amounted to serious breaches of professional ethics that safeguard learners’ dignity and the school environment. The seriousness was heightened by the vulnerability and age of the child involved and required strict accountability.
Mbili said Govinden’s pleas for leniency and request for a sanction short of dismissal did not adequately address the gravity of his actions and his promise that “nothing like this will ever occur again” was not sufficient to guarantee that there would never be a repeat in future.
She said he had failed to demonstrate why dismissal was not an appropriate sanction for his misconduct, as this was the only appropriate and fitting sanction for his misconduct and was therefore mandatory.
Taking into consideration Learner A’s age, Mbili said: “I shall make an order that the employee’s name be reported to the director-general of the department of social development, for listing in the Child Protection Register.”
She ordered that Govinden be dismissed with immediate effect and found him unsuitable to work with children.
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