Pretoria - A Former teacher at the Steve Tshwete Secondary School in Centurion dismissed in 2018 for assaulting a member of the governing body and pointing a finger at the principal has lost his bid to be reinstated.
The teacher, only identified as SC Makatshaba, had turned to the Labour Court to set aside the arbitration award issued in 2018 in terms of which he was fired for misconduct.
However, Judge Edwin Tlhotlhalemaje said the conduct of shouting and pointing fingers at both the principal and the chairperson of the governing body, Max Malatji, in front of the pupils was “appalling” as it undermined the authority of the principal.
Makatshaba had been a teacher at the school from 2001 until the day on which he had an argument with the school governing body and the principal over the memorial arrangements of a pupil who had died.
Makatshaba denied the allegations of assault, but pleaded guilty to what he termed “an exchange of words” with the principal.
Following a disciplinary inquiry, the chairperson, in June 2017, found him guilty of the two allegations and gave him a final written warning and a fine of R9 000. The teacher was also told to go for anger management counselling.
The Department of Education, however, was aggrieved by what it considered to be a lenient sanction. It called for a dismissal or at least a final warning, coupled with a three-month suspension.
The MEC for Education, who was also the Appeal Authority, in December 2017 set aside the disciplinary inquiry’s sanction and substituted it with that of dismissal.
For reasons that are not clear, despite being fired, Makatshaba continued with his normal duties until he was ultimately dismissed at the end of January the following year.
The finger-pointing and assault incident was sparked when one of the pupils died in 2016 and the representative council of pupils wanted to outline their plans for a commemoration ceremony. They approached the deputy principal regarding their plans and he accompanied them to the principal’s office to discuss the matter further.
As Makatshaba was also the class teacher of the deceased pupil, he was also called to join the meeting.
According to evidence, Makatshaba adopted an aggressive posture towards the principal, shouting at him and pointing his finger at him. Witnesses said the teacher simply would not listen to the suggestions made by the pupils, and which were being entertained by the principal.
Malatji requested that the arguments and shouting stop. Makatshaba told Malatji that he should keep quiet as he was not a qualified teacher.
Malatji said the teacher slapped him in the face but he declined to pursue criminal charges. Makatshaba denied having assaulted Malatji.
The court found the applicant had “anger issues and could not control his rage”, which seriously impacted on the trust relationship at the school.
Pretoria News