Plettenberg Bay teacher found guilty of sexual misconduct

A teacher from Phakamisani Primary School in Plettenberg Bay, has been found guilty of misconduct for the alleged sexual assault of eight pupils.

A teacher from Phakamisani Primary School in Plettenberg Bay, has been found guilty of misconduct for the alleged sexual assault of eight pupils.

Published Jan 31, 2023

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Cape Town - A teacher from Phakamisani Primary School in Kwanokuthula, Plettenberg Bay, has been found guilty of misconduct for the alleged sexual assault of eight pupils.

The Education Labour Relations Council (ELRC) ordered the teacher, who has been on paid suspension since October 2022 pending the outcome of an inquiry, to be dismissed with immediate effect.

The teacher, identified as Zamani Diniso in the ELRC arbitration award, did not attend proceedings.

According to ELRC panellist, Alta Reynolds, the inquiry proceeded after numerous phone calls and emails were sent to Diniso, to no avail.

He faced allegations of committing serious offences of sexually assaulting girls between the ages of 10 to 11 years old.

Diniso taught grades 4 and 5 maths.

He was accused of forcefully opening the thighs of some of the pupils with his hand, touching their private parts, buttocks, breasts and kissing some on the mouth.

Intermediary, Doris Xego, was appointed to the hearing to give evidence under oath on the pupils’ behalf.

A pupil identified as 11-year-old learner “A” to protect her identity, said the teacher allegedly held her left thigh and kissed her on the mouth.

She did a demonstration of how Diniso allegedly touched or brushed her thigh from where he was seated in his wheelchair while she was seated on a chair next to him.

The child said it did not feel right when he kissed her because it was not the same kiss that her father or mother would give her.

Learner B ,10, testified that she did not like it when the teacher allegedly held her on the thigh, around the waist and kissed her on the cheek.

Diniso had allegedly also slid his hand in between her thighs and his hand turned at her private parts.

Other pupils were also requested to demonstrate how Diniso allegedly touched them.

“Those learners who were questioned regarding this testified that the employee was a good mathematics educator, but that they did not like or miss him because of what he had done to them and other learners,” said Reynolds.

The parents of some of the pupils also opened cases with local police.

Diniso was arrested but is currently out on bail.

Teacher Nolitha Palaza testified that she first became aware of the allegations in July last year when she was in her class getting ready to teach when some of the pupils stopped her and informed her what happens when they went to his class.

The pupils said they decided to talk because it was continuing and they were uncomfortable to be around him.

Acting school principal Sibini Nkebe testified that Diniso had shown no signs of being shocked when asked about the allegations.

“He never denied that he hugged and kissed the learners but denied that he touched them on their private parts,” said Nkebe.

Reynolds said no substantive motives could be found that the children would fabricate their evidence and versions.

“His conduct can no longer be entrusted with the emotional and physical safety and welfare of in particular female learners placed in his custody. Mr Diniso, is found guilty of all the eight charges of sexual assault/misconduct,” said Reynolds.

The Cape Times contacted Diniso but to no avail.

Western Cape Education Department (WCED) did not respond by deadline on Monday.

Cape Times