Durban - While statutory rape charges have been lodged against the teacher accused of being in a relationship with a pupil, he has not been arrested.
KZN police spokesperson Captain Nqobile Gwala confirmed investigations were continuing and the teacher had not been arrested.
This week, the pupil's parents opened a criminal case after the allegations surfaced.
Gwala said the 16-year-old female was raped allegedly by a known suspect in the premises on Tongaat main road.
"A case of rape was opened at Tongaat police station and transferred to Phoenix Family Violence, Child Protection and Sexual Offences Unit for investigation."
On September 9, people protested outside Tongaat Secondary demanding the removal of the teacher.
An intervention by the KZN Department of Education led to his suspension.
Spokesperson Kwazi Mthethwa said sexual abuse has been as much a constant feature of South African.
"A male teacher at Tongaat Secondary school in Pinetown district has been caught out exchanging graphic material through WhatsApp messages. These include photos and text messages."