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An Eastern Cape teacher has failed in his bid to be reinstated after he was fired for fabricating the marks of matric pupils.
Malusi Goodman Nyengane challenged the Eastern Cape Department of Education, arguing that his dismissal was unfair.
Nyengane was employed at Pakamani Senior Secondary School in Butterworth when he was dismissed in July last year.
He had pleaded guilty to four charges of misconduct in violation of the Employment of Educators Act (EEA).
An investigation found that Nyengane had falsified marks for more than half of the Grade 12 pupils.
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He was also charged for “irrationally and randomly” inflating marks for both the controlled test and the Department of Basic Education’s common task assessment.
As a result, Grade 12 Life Orientation pupils received their results late, while seven students were required to rewrite a controlled test.
The inflation of marks, which Nyengane did not dispute, took place during the matric examinations in November 2022.
However, Nyengane sought reinstatement, arguing that his disciplinary hearing took an unreasonably long time to commence and conclude, which he claimed prejudiced him.
He also pointed out that two teachers in a different district had been found guilty of similar offences but had received lesser sanctions — one was suspended without pay, and the other was demoted.
Additionally, Nyengane argued that his guilty plea was a show of remorse and that he had worked for the department for more than 20 years without prior disciplinary issues.
Before the arbitrator, the Eastern Cape Department of Education explained that delays in charging Nyengane were due to his prolonged illness following an accident.
The provincial department only served him with disciplinary charges upon his return to work.
The department also maintained that Nyengane’s misconduct warranted dismissal, as his actions constituted dishonesty.
It also argued that the circumstances of other cases were different from his.
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The school’s principal, Dumazile Majavu, testified during arbitration that the incident had affected 200 Life Orientation pupils.
It was further revealed that investigations had been completed in 2023, but Nyengane was often absent due to ill health, submitting multiple sick leave forms for January, February, July, August, and September that year.
The disciplinary charges were eventually served in November 2023.
Education Labour Relations Council Arbitrator Mxolisi Alex Nozigqwaba noted that the matter took about eight months to finalise internally.
However, he found that it had not been proven that the department was solely responsible for the delay.
Nozigqwaba also emphasised that Nyengane had pleaded guilty to all four charges and, therefore, the sanction of dismissal must be imposed as stipulated in the section 17(1) of the EEA.
“The fact that he was accordingly found guilty of the offences was never under challenge. The applicant’s gripe with his dismissal stems from non-consideration of his long clean record,” the 18 February ruling reads.
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“He also takes issue with the fact that there are educators who had committed offences of dishonesty pertaining to wrongfully assisting Grade 12 learners for their or towards their matric examinations.
“He argues that he was treated unfairly when his counterparts having committed offences similar to his were handed sanctions short of dismissal, while he was dismissed.”
Nozigqwaba ultimately ruled that Nyengane’s dismissal was “substantively and procedurally fair” and that he was not entitled to any relief.
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