According to the latest stats, at least 48 teachers have been fired for sexually abusing pupils in the past 14 months across South Africa. The Education Labour Relations Council (ELRC) has issued 56 awards for sexual misconduct, and 48 teachers have been found guilty. Law Centre Section 27 has called on provincial education departments to adopt a “strict” vetting process when appointing school staff. In a recent ruling, a teacher was fired after he raped a grade 12 pupil at Katlehong High School in Ekurhuleni. The pupil testified that in August 2021, the teacher stopped his vehicle next to her and invited her to get inside the car, and they drove to his place.
After the ordeal, she fell sick and missed her period and decided to take a pregnancy test, which came back positive. When she told the teacher, he said he was infertile but brought a bag of medication and gave her instructions on how to take it. The teacher was also accused of having sexual relations with two other pupils at the same school between 2019 and 2020. The ELRC in South Africa has concluded a collective agreement in which all cases of sexual misconduct are dealt with through the Labour Relations Act. This agreement provides a unique process that ensures that children involved in sexual misconduct are not exposed to secondary trauma.
Before the conclusion of the agreement, there were three platforms available to pupils who were victims of sexual misconduct or witnesses: the provincial Department of Education’s internal disciplinary hearing processes, the South African Council for Educators (SACE) investigative process, and the ELRC arbitration process. However, learners and parents were reluctant to testify afresh because they had to present the same evidence about the same events in several hearings. Naptosa’s executive director, Basil Manuel, told Sowetan that the country has so many cases of sexual misconduct against teachers is “sad” and that there isn’t enough assistance for these children after the fact.
