Government allows 45% of teachers guilty of sexually abusing learners to remain in class  

A reply to a DA parliamentary oral question received from Basic Education Minister Angie Motshekga reveals that the South African Council of Educators (SACE) has permitted 45% of teachers found guilty of sexual misconduct against learners to continue teaching our children.

One hundred and thirty six teachers were found guilty in sexual abuse related cases for the three year period between 2009 - 2012. Sixty-two of these teachers have been struck off the teacher register, but this was "suspended for a certain period on condition that they do not make themselves guilty of misconduct during the period of suspension." 

The result of decision is that 45% of teachers found guilty of sexual misconduct are permitted to teach our children until they sexually abuse or engage in an inappropriate sexual relationship with another learner.  

This is simply unacceptable.

In terms of section 17 of The Employment of Educators Act a teacher must be dismissed for committing an act of sexual assault on a learner or having a sexual relationship with a learner of the school. 

The Government is clearly not taking the scourge of sexual violence and the welfare of our children seriously.

In addition, of the 289 complaints for the same period, over half of the cases (153) have not been finalised. Shockingly, 32% of the cases in the 2009/2010 period and 55% of the 2010/2011 period have not been finalised. 

If the SACE has not finalised these cases it is reasonable to fear that abusive teachers not investigated or whose matters are still pending are still teaching our children.

The SACE, the primary statutory body tasked with ensuring accountability and good ethical practice among educators, will be appearing before the Basic Education Portfolio Committee in a fortnight. I will use this opportunity to interrogate why these teachers were not dismissed and whether criminal cases were instituted. I will also seek a commitment that the teachers found guilty are dismissed unconditionally.

Teachers involved in sexual assault or inappropriate relations with pupils must be prevented from stepping into a classroom again - this is not negotiable.

Statement issued by Annette Lovemore MP, DA Shadow Minister of Basic Education, March 14 2013

Text of Minister of Basic Education's answer:

NATIONAL ASSEMBLY

FOR ORAL REPLY

QUESTION 54

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 05/03/2013

(INTERNAL QUESTION PAPER: 05/2013)

Mrs A T Lovemore (DA) to ask the Minister of Basic Education:

How many (a) complaints of sexual abuse of learners against teachers have beenreceived by the SA Council for Educators (SACE) since 1 January 2010 and (b) of these complaints that SACE investigated to completion resulted in the dismissal of teachers? NO410E

Reply:

Hereunder is the total number of sexual abuse cases against teachers on learners that were received and processed during the financial years 2009/10, 2010/11 and 2011/12.

2009/10 85 Sexual cases received, and 58 finalised

12 educators were struck off indefinitely from the roll;

2 educators were struck off for a certain period, after which they may re-apply for admission back into the profession; and

44 educators were struck off, However, their striking off was suspended for a certain period on condition that they do not make themselves guilty of misconduct during the period of suspension.

2010/11 78 Sexual cases received, and 35 finalised

17 educators were struck off indefinitely from the roll;

4 educators were struck off for a certain period, after which they may re-apply for admission back into the profession; and

14 educators were struck off, However, their striking off was suspended for a certain period on condition that they do not make themselves guilty of misconduct during the period of suspension.

2011/12 126 Sexual cases received, and 43 finalised

38 educators were struck off indefinitely from the roll;

1 educator were struck off for a certain period, after which they may re-apply for admission back into the profession; and

4 educators were struck off, However, their striking off was suspended for a certain period on condition that they do not make themselves guilty of misconduct during the period of suspension.

ENDS

Issued by Parliament, March 14 2013

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