A Western Cape teacher has been vindicated after an arbitration ruling cleared her of sexual misconduct allegations that were later admitted by the learner to have been part of a “sick game”.
The teacher, allegedly blackmailed and extorted for money, is allegedly not the first to be accused by the learner, who used a fake Facebook profile and fabricated WhatsApp messages to target her.
According to an Education Labour Relations Council (ELRC) ruling, when the expelled learner from Emil Weder Secondary School in Genadendal was cross examined on September 30, she was questioned about the previous offences involving false allegations against teachers.
According to a report in possession of the Cape Argus sent by a reliable source, the learner’s disciplinary records show: inappropriate/suggestive conduct towards a teacher (2023); sexual remarks and suggestive conduct towards a teacher (2022); sexual statements about a teacher filmed on video and distributed on social media 2020; and false allegations of a romantic relationship with a teacher posted on social media (2018, while in Grade 7).
The ELRC ruling read: “She responded denying that she was disrespectful and said she had apologised for these incidents. She then further acknowledged that she did not have any direct evidence of a relationship with the employee. She then stated that all of this was just a sick game (‘alles is ‘n siek speletjie’).”
The teacher was suspended for 17 months after pleading not guilty to a charge of sexual misconduct for having a relationship with the learner; and misconduct for acting in an improper, disgraceful, or unacceptable manner.
The ruling found that the WCED relied on WhatsApp messages and Facebook posts that were not authenticated.
“In this instance the employer made no attempt to provide any evidence as to the originality, the reliability, the integrity and authenticity of these WhatsApp messages and Facebook posts,” the arbitrator said.
“In this instance these data messages have no evidentiary value and cannot be accepted as admissible evidence.”
The teacher was suspended in September 2024.
The ruling ordered her immediate reinstatement, directing that she return to her position without prejudice.
The South African Democratic Teachers’ Union (SADTU), which represented the teacher, said the outcome raises broader concerns about the use of digital evidence in misconduct cases.
“SADTU Boland Region welcomes and unreservedly celebrates the ELRC award, which confirms what we have maintained throughout,” said union representative Jacques Adams.
“This case proves that copies of WhatsApp messages and Facebook screenshots, without forensic verification or authentication, are worthless as evidence of serious misconduct,” Adams said.
SADTU said the teacher suffered “serious psychological and physical harm, reputational damage and financial hardship” during the suspension.
He also criticised how the matter was handled.
“Even after the complainant admitted under oath that it was all a ‘sick game’, the WCED failed to act,” he said, describing it as a failure of duty of care.
The WCED said it would comply with the ruling.
“The WCED will abide by the ruling,” the department said.
It said oral evidence had been presented in support of the allegations.
“Oral evidence was led by the victim as part of proving the allegation and argument was advanced on the authenticity by the WCED,” it said.
The department said procedures would be strengthened where necessary.
“We will strengthen the procedure where necessary, however, each case to be assessed on merit.”
It added that psychosocial support would be provided.
Education activist Siyabulela Monakali of Ilitha Labantu said the case raises concerns about evidence standards and prolonged suspensions.
“Allegations of educator misconduct must always be taken seriously and investigated with urgency. At the same time, a 17-month suspension without a finding of guilt raises serious questions about whether sufficient evidence was in place before proceedings were initiated,” he said.
He added that cases built on unverified digital evidence “do not serve learners, educators, or the integrity of the misconduct process”.
Monakali said the case highlights concerns about how misconduct allegations are investigated and the standards of evidence required in disciplinary proceedings.
Murray Swart
iol.co.za
