A former Gauteng school principal has failed in his attempt to overturn his dismissal after an Education Labour Relations Council (ELRC) arbitrator found that he had unlawfully used public school funds.
Senior ELRC arbitrator Coen Havenga ruled that the dismissal of P Bango by the Gauteng Department of Education was both substantively and procedurally fair, dismissing his application for retrospective reinstatement with full benefits.
Bango had been employed by the department since April 2013 and served as principal of Northview High School before later being demoted to deputy principal following a separate arbitration that set aside his appointment as principal. His subsequent dismissal stemmed from allegations of financial misconduct committed while he was acting principal.
The department charged Bango with four counts of misconduct under the Employment of Educators Act. The charges included allegedly using school funds to purchase goods worth R23,497 for his personal use from Makro, using school money to pay R1,396 towards a television licence, failing to provide supporting documents for school expenditure amounting to R16,770.57 and authorising cash withdrawals and “cash send” transactions totalling R25,280 while the school’s bank card was in his possession.
During the arbitration, the department relied heavily on the testimony of the school’s administrative officer, Pamela Ditodi. She testified that she accompanied Bango to Makro after two laptops previously purchased by the school had been returned, leaving a credit on the school’s account. According to Ditodi, Bango took a television, laptop and projector before using school funds to complete the purchase.
She further testified that when the cashier requested a valid television licence to process the television purchase, Bango asked to use hers. The cashier discovered that her licence was in arrears by R1,396, which Bango then paid using school funds before completing the purchase. Ditodi told the arbitrator she never requested that her television licence be paid and derived no benefit from the payment.
Ditodi also alleged that after leaving the store, Bango arranged for the television to be transported to an address she believed was his home rather than the school. She said the television, laptop and projector were never recorded in the school’s asset register despite her responsibility as the admin officer to register newly acquired assets. She further testified that the equipment later shown during an inspection at the school did not match the serial numbers and barcodes of the items purchased at Makro.
The department’s investigator, Mario Mandlazi, told the arbitration that Bango had been given an opportunity to explain the allegations during the investigation but failed to provide a substantive response. He testified that repeated visits to the school yielded no evidence that the purchased items had been properly recorded or accounted for and that the school’s records revealed cash withdrawals and electronic cash transfers that contravened departmental financial policies.
In his defence, Bango denied every allegation. He maintained that the television, projector and laptop had always been intended for school use and claimed they had been delivered directly to the school after leaving Makro. He insisted that the transaction amounted to an exchange rather than a new purchase because previously declined laptops had been returned.
He also argued that there had been no functioning asset register at the school at the time and suggested that Ditodi and the former school governing body chairperson had fabricated the allegations against him after disagreements over procurement decisions.
Witnesses called by Bango testified that they had seen the equipment at the school and that the television had been used during Grade 8 orientation and other school events. However, several also acknowledged that the purchases had never been reported to the school governing body as required.
After considering the evidence, Havenga rejected Bango’s version, describing him as an evasive witness whose allegations of a conspiracy against him were unsupported by credible evidence. The arbitrator found that the claim that the Makro transaction was merely an exchange was a “feeble attempt” to justify his failure to comply with established financial procedures.
The arbitrator further found that even if the equipment discovered at the school was the same equipment purchased from Makro, this did not excuse Bango’s failure to follow the financial control measures prescribed by departmental policy, the South African Schools Act and the Employment of Educators Act.
Havenga concluded that the department had proved on a balance of probabilities that Bango committed all four acts of misconduct. He held that the evidence showed Bango had disregarded financial management rules governing public funds and that his actions constituted serious misconduct.
In assessing the appropriate sanction, the arbitrator emphasised that Bango occupied a senior position of trust and was responsible for safeguarding public funds intended for the education of learners. He found that the misuse and mismanagement of school finances undermined the department’s ability to fulfil its constitutional and statutory obligations and that dismissal served as an appropriate deterrent given the prevalence of similar financial misconduct cases within the department.
The award also noted that Bango showed little remorse and continued to justify his conduct throughout the proceedings, leaving the arbitrator satisfied that the trust relationship between him and the department had broken down irretrievably. Long service and a previously clean disciplinary record, the arbitrator said, could not outweigh the seriousness of the misconduct.
Because Bango had not challenged the procedural fairness of his dismissal, the arbitrator found that aspect to be fair as well before dismissing his application in its entirety.
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Sinenhlanhla Masilela
iol.co.za
