Parents at a Northern Cape intermediate school have accused the provincial Department of Education of dragging its feet in finalising a case involving teachers who were accused of sexual assault and of purchasing alcohol for Grade 6 learners.
PARENTS at a Northern Cape intermediate school have accused the provincial Department of Education of dragging its feet in finalising a case involving teachers who were accused of sexual assault and of purchasing alcohol for Grade 6 learners.
A teacher and an assistant teacher have been accused of sexually assaulting and harassing pupils and of buying alcohol for the young learners.
A concerned parent lambasted the department and said it was “shocking and disgusting” to learn of young children allegedly being taken advantage of by a teacher who was supposed to be their “parent away from home”.
“Given the slow pace that the department is addressing this urgent matter, we won’t be surprised to hear that the cases were withdrawn,” said the parent.
The director of Skema Biko Nights NPC, Obakeng Jacobs, also expressed disappointment in the manner in which the department is handling the case.
Jacobs said the organisation has reportedly written to the department to demand answers and a progress report.
“We are shocked and alarmed at the delay in swift action by the department because there were recently shocking stats on teenage pregnancy that were released, where the Northern Cape is tops with a significant number of pregnancies. But when a school is found to have a sex pest teacher, the intervention is very minimal and very slow,” said Jacobs.
He added that they are hoping to see the teacher and the assistant teacher “locked up” and barred from practising in any public institution in the country and declared sexual offenders.
The Northern Cape Department of Education noted that it was aware of only one sexual misconduct case where an educator was suspended with full pay pending finalisation of the matter.
The department said it was taking steps within the context of the relevant legislation to deal with the matter.
Department spokesperson Sydney Stander acknowledged that the impatience of the parental community over this matter is understood and justified.
“We are, however, appealing for patience and the need to recognise the importance of following all processes and procedures in holding the educator accountable for his alleged deeds in line with relevant legislation governing the professional conduct of educators,” said Stander.
“It is important to note that this is an alleged sexual misconduct case.”
Stander explained that in the context of the department’s disciplinary code and procedures, sexual misconduct cases have to be referred to the Education Labour Relations Council (ELRC) for inquiry by the arbitrator/commissioner.
“This is in line with the ELRC Collective Agreement 3 of 2018, which is in line with section 188A of the Labour Relations Act 66 of 1995.
“It is also important to note that because if the nature of the case, it must be processed in the sexual offences court.”
Stander said the department submitted a request to use the facilities of the Hartswater Magistrate’s Court for the inquiry (sexual offences court).
“After a date was secured with the court, we formally charged the alleged perpetrator in terms of item 5 of schedule 2 of the Employment of Educators Act 76 of 1998.
“We submitted Form E12 with the charge sheet to the ELRC for the inquiry by the arbitrator.
“The ELRC provided the DoE (Department of Education) with a different date in accordance with the availability of a commissioner, which the DoE communicated with the magistrate’s court in Hartswater.
“The ELRC and the magistrate’s court are having the same possible dates available for the inquiry to proceed (September 26-29). We are just waiting for a set-down notice from the ELRC.
“The alleged perpetrator remains on precautionary suspension and the school has a substitute teacher who is appointed until the end of the third term.
“The substitute teacher is at school and provides our learners with quality education.”
