Question NW2511 to the Minister of Basic Education
05 October 2017 - NW2511
America, Mr D to ask the Minister of Basic Education
(1)With regard to each allegation of abuse of learners by school staff (details furnished), was the case reported to the (a) provincial education department, (b) SA Council of Educators (SACE) and/or (c) SA Police Service (SAPS); if not, in each case, why not; if so, what are the details of (i) all disciplinary action taken by each (aa) provincial education department and (bb) SACE against offending teachers, (ii) CAS numbers of the cases opened at SAPS and (iii) status of the SAPS investigations in each case and (iv) the outcomes of the specified disciplinary actions, (2) has psychological support been offered to the affected learners; if not, why not; if so, what are the relevant details?
Reply:
1. (a) In terms of section 3(1)(b) of the Employment of Educators Act, 76 of 1998, the Head of the Provincial Education Department is the employer of educators in the service of the Provincial Education Departments (PEDs) for all purposes of employment. For this reason, the Department of Basic Education (DBE) cannot intervene in the decisions of the PEDs regarding employer-employee relations matters because of the binding contract of employment between the two parties. It is therefore the responsibility of the employer to implement policies with regards to safety measures at schools. It is also the responsibility of the employer to enforce disciplinary code and procedures against their employees. The question therefore needs to be directed to the PED to establish the facts of these cases.
1. (b) SACE SUPPLEMENTARY RESPONSE
The following cases as per the attached list were reported to
Eastern Cape
1. EC 2 Qunu Junior Secondary School: the case was investigated on 11 October 2016 and no evidence of abuse of learners was found;
Free State
2. FS 1 Reatile Primary School: the case was investigated, disciplinary hearing was conducted, the educator was found guilty and given a sanction of a striking off, which was suspended for a period of 10 years and a fine of R10 000;
Gauteng
3. GP 2 Chief Albert Luthuli School - the matter was investigated. The parent of the learner did not co-operate with the investigation and removed the learner from the school;
4. GP 5 Teach to Pass College - The matter was investigated , a disciplinary hearing was finalised and the educator was found guilty, the report and sanction are to be tabled before the ethics committee in October 2017;
5. GP 6 Parktown Boys High School - The matter was brought to our attention. The school will be furnishing us with all the information at their disposal. The school is keeping us up to date with developments in the criminal case;
6. GP12 Krugersdorp High School- The matter was brought to our attention and was investigated. We await a report from the investigator and his findings;
Kwazulu Natal
7. KZN 6 Prince Tokoto High School- The matter was brought to our attention and was investigated. Charges have been brought against the educator. A disciplinary hearing had to be postponed as the educator has been admitted to hospital for depression. The hearing will proceed as soon as he has been discharged;
8. KZN 9 Ekucabangeni High School. The educator was investigated and he is currently still in prison and was denied bail. It is a bit difficult to conduct a disciplinary hearing at the moment;
9. KZN 11 George Campbell School of Technology.-The matter was investigated. A disciplinary hearing was conducted and the educator was found guilty and given a sanction of a striking off which was suspended for a period of 15 years and a fine of R25 000.00;
Limpopo
10. LP 1 Lemetja Secondary School- The matter was investigated, a disciplinary hearing conducted and the educator was found guilty and given a sanction of a striking off which was suspended for a period of 10 years and a fine of R10 000.00;
11. LP 3 Mphaphuli High School- The matter was brought to our attention. An investigation could not be conducted as the principal refuses to cooperate with the investigation or to speak to anyone. According to the principal, he has been instructed by the spokesperson for the Limpopo Education Department to not speak to anyone regarding the allegations. The circuit manager also refuses to cooperate and refers us to the District Manager. We are recommending to Council structures for charges to be preferred against the principal for refusal to cooperate;
Mpumalanga
12. MP2 Manyano Primary School-The matter was brought to our attention and investigated. A disciplinary hearing has commenced and is being finalised on 21 and 22 September 2017;
13. MP3 Mpakeni Primary School-The matter was brought to our attention and is being investigated;
14. MP 5 Lwaleng Primary school- The matter was brought to our attention and was investigated. There was no evidence found to substantiate the allegations. The parents and their lawyers are not cooperating with us despite our numerous requests for a meeting with them. The educator was also found not guilty by a court owing to lack of evidence;
Northern Cape
15. NC1 Laerskool Orange-Noord - The matter was brought to our attention and was investigated. A disciplinary hearing will take place on 16 and 17 November 2017;
North West
16. NW1 Poifo Primary School - The matter was brought to our attention and was investigated. A disciplinary hearing was finalised, the educator was found guilty and given a sanction of a striking off which was suspended for 10 years and a fine of R10 000.00
The rest of the reports not referred to herein did not come to our attention, we were unaware thereof and we will be following up on them in due course.
2. The question needs to be directed to the relevant employers, who are the Heads of Provincial Education Departments, for details and further responses.