Cases of sexual misconduct by teachers in schools is on the rise and has cost the department of basic education more than R10 million through the precautionary suspension of educators.
Police Minister Bheki Cele said in the latest quarterly report on crime that in just three months, 83 rapes had occurred at schools and tertiary institutions. He said he remained extremely concerned about rapes on educational premises.
According to the South African Council for Educators’ code of professional ethics (Sace) and the department of basic education’s employment of educators act, teachers are not allowed to have any sexual relationship with learners.
Olebogeng Moemisi, founder and chairperson of Sister’s Keeper Movement, which advocates against gender-based violence and femicide (GBVF), said schools are like the children’s second home because they spend most of their time there, and the utmost sensitivity and security is required.
“However, it has turned out to be hell for some kids as they are now abused sexually and otherwise by the very same people who suppose to be educating them for them to have a brighter future,” Moemisi said.
“We work tirelessly as a movement to help eradicate this [GBF],especially at schools and churches, but we are constantly failed by our justice system. This experience harms even the best person mentally and emotionally.”
Recently, a deputy principal at Kgagatlou Secondary School in Ga-Mphahlele, Limpopo, was assaulted by residents in an act of mob justice after he was allegedly caught in bed with a pupil.
A video of the unnamed teacher being held captive and naked by the enraged people was posted on social media.
Mike Maringa, media liaison officer of the Limpopo department of education, said the deputy principal had been suspended. He said the act did not take place on the school premises and could not confirm the age of the pupil.
Over the past five years, almost 300 cases of sexual misconduct were opened against teachers in six provinces, with Gauteng alone recording 173 cases and 87 teachers being dismissed after being found guilty.
According to Sace, sexual misconduct is punishable either by firing or striking the teacher off the register of teachers, which means they can no longer practice in the country.
The top three categories of misconduct against teachers were corporal punishment and assault; sexual misconduct, rape, indecent assault, sexual assault and sexual harassment; as well as verbal abuse, victimisation and harassment, according to Sace’s annual report to the basic education portfolio committee for the 2020-21 period. These remained unchanged from the 2019-20 period.
Sace said some of the teachers used their authority to coerce the pupils into having sex with them for marks, or for the pupil to progress to the next grade.
Gauteng member of the executive council for education, Matome Chiloane told the provincial legislature in November that during the past five years, 29 teachers were placed on precautionary suspension but another 86 who had been accused of sexual misconduct were still teaching.
In answer to a question by Khume Ramulifho, the Democratic Alliance’s head of education, Chiloane said the average number of days for precautionary suspension was 346 over the last five years and has cost the department nearly R10.6 million to date.
Moemisi told the Mail & Guardian: “We go with a slogan that says ‘justice delayed is justice denied’. The justice system stalls with cases and victims are never protected and end up dropping cases or, worse, even taking their lives as a result. We demand harsher sentences for such, especially in schools.”
Also speaking to the M&G, Thirona Moodley, chief executive of the National Professional Teachers Organisation of South Africa, said the department must complete the disciplinary inquiry as soon as possible.
“If a person is suspended for a long period of time, it costs the department more money. Also, it is not fair for the employee to drag the inquiry because if found not guilty they would want to move on with their work and life,” said Moodley.
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