Fraud charges against ‘Coloured’ teacher unnecessary, says legal expert

Being “Coloured” was not an inherent requirement to being a teacher and charging Western Cape teacher Glen Snyman with fraud for stating he was African in a job application did not constitute misconduct, said a legal expert.

Snyman faces disciplinary action by the Western Cape education department on charges of fraud for stating he was an African male in his CV instead of Coloured.

The teacher from Grootkraal Primary School in Oudtshoorn allegedly committed the misconduct when he was applying for a principal job at another school in October 2017.

While he however did not get the job, he was summoned by the Western Cape education department for disciplinary action last month.

According to a summons by the department, dated 23 September, it is alleged that he is guilty of “misconduct in terms of section 18(1)(dd) of the Employment of Educators Act, 76 of 1998 in that on 21 October 2017, you committed a common law offence, to do fraud by stating on your Curriculum Vitae, when applying for the principal post at Fezekile Secondary School… that you are African male whereas in truth your records indicates that you are a Coloured male, and by doing so gain an advantage for purposes of being shortlisted”.

Snyman however told The Citizen he could not yet provide comment, pending the outcome of the disciplinary hearing.

While legislations required employees to be racially classified for purposes of affirmative action and economic empowerment with the intention of mending the wrongs of the past, charging Snyman however reinforced those wrongs, said labour advocate Dunstan Farrel.

“Our prima facie opinion is that by describing himself as an African male is certainly not fraud, dishonest, nor does it warrant any disciplinary action. Snyman has not misconducted himself in anyway whatsoever. Being ‘Coloured’ is not an inherent requirement of being a teacher,” said Farrel.

Fraud required intent and financial advantage, he said.

“The onus of proving that Snyman was dishonest or committed fraud would be on the employer and it would mean the employer delving into Snyman’s ancestral heritage. The response of the Western Cape education department is unfortunate and unnecessary.”

Western Cape Education MEC Debbie Schäfer had urgently requested information on the fraud charge as it did not seem to be in line with what their administration stands for.

“One of the many evils of apartheid was the classification of people by their so-called race.  This was what many people have fought to rid our country of.  So, I am understandably shocked to discover that my department is apparently charging someone because of how they choose to classify themselves.  If this is in fact the case, it is anathema to me. And we will not tolerate victimisation of people who do not conform to an artificial and arbitrary classification of who they are deemed to be,” said the MEC.

However, the Western Cape Economic Freedom Fighters (EFF) urged the department to put a stop to the disciplinary hearing as they had no basis but to undermine Snyman’s dignity, the party had said in a letter addressed to the education department.

“We would also like to remind you of the negative psychological ramifications of apartheid classifications on people’s lives today. The department of education in the Western Cape is acting unethically and against the restorative spirit of the constitution for expecting himself to superimpose a classification that violates his right to self-identification,” wrote EFF Western Cape chairperson Melikhaya Xego.

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