A Sebokeng primary school principal accused of sexually violating a learner has managed to convince an arbitrator that he was a victim of a conspiracy by teachers and fellow union members.
Matthew Ceba, principal at Motlotlo Primary School in Sebokeng, squared off with the Gauteng Department of Education, his employer, in arbitration proceedings at the Education Labour Relations Council (ELRC).
He faced a single charge of misconduct. The employer alleged that he had called a Grade 7 learner identified as MM, for legal reasons, to his office and hugged, sat her down on his lap and romantically kissed her.
MM told her grandmother of the alleged incident the same day, who then told her father. MM also told her aunt.
The learner’s father confronted Ceba at the school. Ceba denied the allegation during the confrontation.
Four teachers testified against Ceba in arbitration. The first teacher witness told arbitration that MM approached him in class and reported that the principal attempted to kiss her.
Another teacher testified that MM told him that Ceba kissed her like a grown-up, “tongue and all”, and pretended to help her to put her mask on when a staff member entered the office.
MM stuck to her allegations during arbitration. She testified that she went to Ceba’s office to tell him that he had recovered her jersey, which she arrived in school without wearing it that fateful day.
She testified that the principal gave her a hug, sat her down on his lap and kissed her. She said a staff member came in.
MM’s father and other teachers testified that Ceba in fact voiced an apology for sexually violating the learner, who is now in another school.
Ceba denied the allegation. His defence focused on why allegations would be fabricated against him.
Chief among this was that his relationship with his school management team and other teachers was troubled and frosty.
The troubled relations went to an extent that teachers fabricated embezzlement charges against him in 2020, Ceba submitted. The district investigated the matter and he was found not guilty.
Ceba testified that he was a victim of squabbling in his union, the SA Democratic Teachers Union (Sadtu).
In a ruling delivered last week, advocate Mark Hawyes, the ELRC arbitrator, found Ceba’s defence credible. He questioned the veracity of the claim repeated by MM’s father and teachers that Ceba admitted to them that he had sexually violated the child.
“Firstly, it is improbable that the employee would admit to sexual misconduct in front of his educator colleagues and MM’s father well knowing the consequences of such action,” said Hawyes in his ruling.
“I find that it is probable that MM’s father, aunt and grandmother could have been drawn into a conspiracy with the educators through the School Governing Body and other influences.”
Ceba’s version that his relationship with his teachers was troubled and frosty was corroborated, Hawyes found.
Also, said Hawyes, Ceba “provided other unchallenged detail of why he suspected that he was being falsely framed by dissenting factions within Sadtu”.
MM was also not a model witness, Hawyes said. “She was sketchy on certain detail and had to be referred to her written statement to refresh her memory.
“In conclusion I find that the balance of probabilities (despite all the employer witnesses) does not tip in favour of the employer’s case but at best hangs in the balance. The employer has not discharged the onus of proving its case against the employee.”
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