The case of a 39-year-old teacher who is still working after admitting to the statutory rape of a 13-year-old girl is ”deeply concerning”, the South African Democratic Teachers’ Union (Sadtu) said on Monday.
The story of the statutory rape was published in The Star newspaper on Monday.
It said the teacher was found guilty of the statutory rape by a South African Council for Educators (SACE) disciplinary inquiry in 2002.
The man, who teaches at a Vanderbijlpark school, has not yet appeared in court. The rape was said to have taken place in an office at the school.
He is said to have admitted to having sex with the girl.
”Sadtu is deeply concerned by the report in the press today that a teacher who admits to the charge of statutory rape of a 13-year-old minor continues to teach in the same school,” a statement from Sadtu said.
The union said the teacher transgressed various laws and codes, one of which is the Sexual Offences Act, which prohibits sex with a minor.
”It does seem to us that the police have been slow to follow up and charge him,” it said.
The man has also contravened the Employment of Educators Act, according to which sex with a learner is a dismissible offence.
”We are very concerned that the employer — the Gauteng department of education — has not followed up on this. They have the authority to suspend or terminate employment,” Sadtu said.
The union said the SACE has the power to strip teachers of their right to teach, but the organisation has imposed a relatively light sentence on the man.
”Clearly most people will find this inappropriate and inadequate.”
The SACE told Sadtu that the light punishment was the result of no witnesses coming forward and that the conviction was based on the perpetrator’s own admission of guilt.
The man was remorseful, had agreed to a course of counselling and the school community was willing to have him back.
The chief executive of the SACE told Sadtu that he would recommend that the decision be reviewed. — Sapa