Tough action taken on sex pest teachers

Schools’ cases of sexual misconduct to go directly to Education Labour Relations Council

THE Department of Basic Education is tightening the screws on teachers accused of sexually abusing pupils.

The department and the South African Democratic Teachers Union (Sadtu) have signed an agreement to allow cases of sexual misconduct to go directly to the Education Labour Relations Council (ELRC) to be handled by experienced, well-trained arbitrators.

The ELRC is an appeals platform for teachers who have been found guilty. Under the new regulations, teachers found guilty of sexually abusing pupils will have to appeal to the Labour Court.

Judgment of an arbitration shall be final and binding and has the same status as an arbitration award under the Labour Relations Act.

This new arrangement aims to protect pupils who are victims or witnesses from being subjected to secondary trauma by having to testify several times.

In the past, the department had three platforms available to pupils who were victims of sexual abuse.

The first step was the department’s internal disciplinary process. Then it went to the South African Council of Educators (Sace) and finally the ELRC if the teacher referred the dispute to the council.

The pupil was expected to testify though all three processes, a move that led to victims being reluctant to testify due to the secondary trauma.

This resulted in the absence of witnesses and the department being unable to take action against the accused.

It also made it difficult for Sace to strike the offending teacher off the roll of educators.

“This created a loophole for paedophiles or sexual predators to re-enter the sector,” said department spokesperson Elijah Mhlanga.

He said the ELRC had also partnered with the SAPS to ensure the names of those involved in sexual offences against children were registered.

“The Department of Basic Education is confident that these improved measures will close gaps in processes, and ensure that sexual predators are not able to operate in schools,” said Mhlanga.

Themba Ndlovu of Sace said the council was still engaging the proposal and would make a decision by December.

“We welcome the effort to protect pupils but we also have to protect the interests of the alleged perpetrators,” said Ndlovu.

Thirona Moodley, provincial chief executive of the National Professional Teachers Organisation of South Africa, said the new system took away a teacher’s right to appeal.

“Allegations against teachers have been trumped up. Teachers have too much to lose. We believe the current process was working well,” she said.

The deputy secretary of Sadtu in KZN, Bheki Shandu, said the agreement was a victory for pupils.

“We, however, note with dismay that Sadtu is the only union that has signed off on this agreement,” he said.

Vee Gani of the KZN Parents’ Association said such cases should not end at the department level but should be followed by a criminal investigation.

IFP MPL Thembeni Madlopha Mthethwa described the changes as “a step in the right direction”.

“Sex pests have no place in the education profession,” said Madlopha Mthethwa.