Cape Town - Ten Western Cape teachers - two of them principals - have been found guilty of sexual misconduct over the past year.
Western Cape Education Department spokesman Paddy Attwell said the offences were a sexual relationship with a 19-year-old pupil, two cases of sexual assault and seven cases of sexual harassment.
The eight men were found guilty at disciplinary hearings held by the department between April last year and this month.
“The department dismissed six educators - two for sexual assault, one for an inappropriate relationship and three for sexual harassment.
“Two of the harassment cases were deemed dismissals, in terms of labour relations practice, because they resigned before the disciplinary hearings.”
The sanctions imposed in the remaining cases were final written warnings and fines.
In terms of the Employment of Educators Act the department had to report all cases where the sanction was more than a final written warning and a fine, to the South African Council of Educators, Attwell said.
Asked how many of the teachers had been struck from the council’s roll, he said the department was waiting for confirmation from the council.
People who want to teach in South Africa have to be registered with the council.
“The department views any allegation of sexual misconduct in an extremely serious light and gives these investigations top priority.”
Jonavon Rustin, provincial secretary of the SA Democratic Teachers’ Union (Sadtu), said the law had to take its course in cases where teachers were accused of inappropriate behaviour against pupils.
“We condemn it strongly when teachers abuse their power over learners. There should be fair process for both the pupil and the employee.”
Pupils who want to report sexual abuse can call the department’s Safe Schools Call centre at 0800 45 46 47.
“We will deal with all cases sensitively in line with our ‘abuse no more’ policy,” Attwell said.
Amendments to the policy, which focuses on managing child abuse, make it more difficult for teachers appointed by governing bodies and found guilty of a sexual offence to move on to another school and reoffend.
At the time, Education MEC Debbie Schäfer said that previously, if a teacher appointed by a school governing body had been accused of abusing a pupil, the teacher would be dismissed. Some would move from school to school and reoffend.
“With the new amendments in legislation, as reflected in Section 110 of the Children’s Act and Section 54 of the Sexual Offences Act, there is (a) duty to report to the police and the Department of Social Development as these two pieces of legislation have registers for people not suited to work with children. The (Children’s Act) and the Sexual Offences Act have a register for those found guilty of a sexual offence.”
In a recent case reported by the Cape Argus, the principal of a Kraaifontein school was charged with “five charges of misconduct under subsections 18(1)(dd), 18(1)(q) and 18(1)(s) relating to sexual assault and harassment, and two charges of misconduct relating to dishonesty under section 18(1) (ee) of the Employment of Educators Act”.
He was found guilty of misconduct, but there has since been new evidence in the case and he has been advised to refer the matter to the Education Labour Relations Council.
Cape Argus