Almost 170 cases in last two years of teachers having sex with pupils

The Education Labour Relations Council (ELRC) is facing a troubling increase in cases involving teachers allegedly engaging in sexual relationships with pupils, raising concerns about the frequency of such misconduct in South African schools.

According to the ELRC, there has been an ongoing rise in the number of cases involving teachers who have been implicated in relationships with pupils across the country.

Regarding allegations of sexual misconduct, 82 cases were referred during the 2022/23 and a further 82 cases during the 2023/24 financial years, with the Eastern Cape leading the numbers.

No clear pattern or trends

ELRC general secretary Dr Cindy Foca said while no clear patterns or trends had been identified, the steady influx of sexual misconduct cases remains a serious concern for the council.

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She noted the provincial departments of education handled investigations, but challenges persist.

“It is a particular concern that we still have such cases in our schools. The provincial departments of education deal with the investigation of sexual misconduct cases involving teachers as alleged perpetrators,” said Dr Foca.

“Some of the reasons they often cite for delays in investigating these matters include non-cooperation by the learners as well as their parents,” she added.

Increase in three major provinces

Other provinces, including Gauteng, KwaZulu-Natal and the Free State were among those to have seen a worrying increase in these allegations.

According to the council, sexual misconduct is categorised under Section 17 as serious misconduct.

If a teacher is found guilty they must be dismissed, their details are blocked on the Persal system and their names are submitted to the department of social development for inclusion in the Child Protection Register.

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However Foca admitted, there are gaps in the legal framework.

“The gaps identified in the current legal framework include the fact that some educators are appointed by school governing bodies (SGBs) and their cases are not dealt with by the ELRC, which has systems in place to protect the child during their testimony,” she said.

“Another gap is the inaccessibility of the Child Protection Register in the department of social development. Only a select few can access the register and thus the names of offenders are not in the public domain,” Foca continued.

Department responds

Elijah Mhlanga, spokesperson for the basic education department, acknowledged sexual harassment in the education sector remains a significant issue.

He said that amendments to the Employment of Educators Act were in place, but each year teachers lose their jobs because of sexual misconduct which should serve as a warning to others.

“The Act ensures that disciplinary action has to be taken against educators who are found guilty of having a sexual relationship with a learner who attends the same school where the educator teaches, even if there was mutual consent and requires the dismissal such educators,” he said.

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The Act ensures strict disciplinary action, including educators who sexually harass learners. Mhlanga noted that the inherent power imbalance between teachers and students must be respected.

“The relationship between learners and educators is inherently unequal. We need to do more to remind teachers that they have sworn to the highest professional standards and that their responsibility is care and support,” he stated.

ELRC cited 899 cases involving teachers were referred to the council, challenging decisions made by the Department of Education.

The council noted that these cases cover a range of complaints including discrimination, fraud and theft.

The Western Cape referred 104 cases, making it the fourth most, behind the Eastern Cape with 190 cases, Gauteng with 160 and KwaZulu-Natal with 146.

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