Question NW4024 to the Minister of Basic Education
01 December 2023 - NW4024
Ngcobo, Mr SL to ask the Minister of Basic Education
Whether her department has records of educators in (a) primary and (b) high schools who have committed statutory rape under the provisions of section 15(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 5 of 2015 in each province; if not, why not; if so, what (i) number of educators have been (aa) tried, (bb) convicted, (cc) suspended and (dd) dismissed since 1 January 2015 and (ii) are the further relevant details?
Reply:
No, the Department of Basic Education has no records of educators either in (a) primary or (b) high schools, who have committed statutory rape under the provisions of section 15(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 5 of 2015 in each province;
(i)(aa); (bb); (cc); and (dd) - The question is relevant to the provincial administrations, since it is the responsibility of each employer, who, in terms of Section 3(1)(b) of the Employment of Educators Act, 76 of 1998, is the Head of the Provincial Education Department, to implement policies with regard to the Code of Conduct; and also to enforce disciplinary codes and procedures against all employees, including educators employed at the provincial level.
(ii) Once the case is reported by the learner or any other person, who is aware of the committed offence, the employer investigates the matter, and when the employer is satisfied that misconduct was committed, the employer refers the matter to the Education Labour Relations Council (ELRC) for adjudication in terms of Collective Agreement 3 of 2018 that provides for compulsory inquiries by arbitrators in cases of disciplinary action against educators charged with sexual misconduct in respect of learners. The award in this regard is regarded final and can only be challenged through the Labour Court.