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A deputy principal from Mbizana who was accused of sexual misconduct involving a grade 12 pupil has been acquitted after an Education Labour Relations Council (ELRC) arbitrator found there was insufficient evidence to prove the allegations.
In a recent arbitration award, commissioner Siziwe Gcayi criticised the department’s handling of the matter, saying no investigation had been conducted before disciplinary charges were brought.
“There was no investigation conducted by the employer [education department] on this matter,” Gcayi ruled.
“If there was an investigation conducted, I am certain the employee would not have been charged because there is no evidence implicating him.”
The deputy principal faced two charges relating to alleged misconduct and a contravention of the Employment of Educators Act.
During the hearing, the department relied on the evidence of the pupil, who testified that the deputy principal taught her mathematics.
She said that in September 2025, she received a phone call from another teacher asking about her last communication with the deputy principal.
She then checked WhatsApp and saw images. When she asked who had sent them, she was told they had come from the deputy principal.
However, she testified that she did not know whether the number belonged to him.
The deputy principal denied sending WhatsApp messages or images to the pupil.
He testified that all communication with her took place through a class WhatsApp group.
He also told the hearing that on December 31 2024, he received a private message from the pupil but did not engage with it because he was spending time with his family.
The Employment of Educators Act provides for the dismissal of an educator who has a sexual relationship with a pupil at the school where he or she is employed.
In her ruling, Gcayi said the department’s case rested on the evidence of a single witness.
“In dealing with the evidence of a single witness, courts have pronounced that it be treated with caution ...
“In arbitration proceedings when faced with the evidence of a single witness, the arbitrator must be satisfied that the evidence … is reliable and trustworthy before relying on it.
“There was no investigation conducted by the employer …
“If there was an investigation conducted, I am certain the employee would not have been charged because there is no evidence implicating him to the charge of sexual misconduct,” Gcayi said.
She found there was no evidence before the council proving either a sexual relationship between the deputy principal and the pupil or that he had conducted himself improperly towards her.
Gcayi found the department had failed to prove the deputy principal’s guilt on either charge on a balance of probabilities.
The teacher was represented by union Naptosa.
Provincial Naptosa chief executive Loyiso Mbinda said the award raised “serious concerns regarding the manner in which the matter was investigated and subsequently prosecuted”.
“The arbitrator’s findings suggest that there were significant shortcomings in the employer’s case,” Mbinda said.
Provincial education spokesperson Malibongwe Mtima had not responded to questions by the time of publication.
Daily Dispatch
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