‘Using k-word is illegal': Northern Cape teacher fired for racist outburst loses reinstatement battle

The Citizen

20 hours ago

He was dismissed last year after being found guilty at a disciplinary hearing of calling two African pupils the k-word.
A teacher in the Northern Cape has failed in his attempt to return to work after being dismissed for using a racial slur against two black pupils.
Gerhard Louw took the Northern Cape department of education to the Education Labour Relations Council, arguing that his dismissal was unfair.
At the time, Louw was employed at Technical High School Kimberley, where he taught technology and automotive subjects.
He was dismissed in November last year after being found guilty at a disciplinary hearing of calling two African pupils the k-word.
The arbitration proceedings were held on 8 April and 22 May.
Pupils testify after Northern Cape teacher appeals dismissal over k-word
During the hearings, the provincial department called two pupils to testify.
The first witness, a Grade 12 at the time of the incident, said she was among seven girls who were transferred from the Northern Cape High School hostel to the Technical High School hostel on the evening of 23 June 2024.
Upon their arrival, Louw – who was one of the supervisors at the hostel – emerged from his residence and expressed displeasure at the girls being relocated to 'his hostel'.
She testified that Louw conveyed his frustration to their driver, Mr Tshabalala.
After Tshabalala returned to the vehicle, Louw allegedly approached her and another pupil and accused them of tarnishing the school's reputation, then called them the k-word.
ALSO READ: Racism in schools: born-free generation faces lingering inequality challenges
She said that both she and the other pupil were shocked, as they had done or said nothing to provoke such language.
She also indicated that a third pupil might have overheard the incident.
The pupil added during cross-examination that they reported the incident to their families and the hostel's centre manager instead of Tshabalala, who was the groundsman and head of security.
Tshabalala later advised them to report the matter to the authorities once schools reopened.
The second witness, who was the third pupil mentioned, confirmed the first witness's testimony and added that Louw had yelled at the girls in the presence of his wife.
Northern Cape teacher denies using racial slur
Louw testified as the sole witness in his own defence.
He stated that at the time of the incident, the hostel was occupied by boys attending winter school and that he felt it was inappropriate for girls to stay there as well.
The teacher claimed to have warned the girls that they would be asked to leave if they did not behave.
Louw insisted he could not recall using the k-word.
He also contended that neither school management nor Tshabalala informed him of the allegations and he only became aware of the matter weeks later when he was served with legal documents.
READ MORE: Eastern Cape teacher fails to get job back after being fired for fabricating marks of 200 matric pupils
According to Louw, he never saw the girls again after the incident.
During cross-examination, Louw admitted to being angry during the interaction, but again denied using the racial slur.
He also said he could have called his wife and a second person to support his version of events, as they were present during the conversation.
Louw asked for reinstatement on the grounds of what he claimed was unfair dismissal.
Arbitrator upholds dismissal
In a 5 June ruling, the arbitrator found that the testimonies of the two pupils were credible and consistent, making them reliable witnesses.
'A mere denial by the applicant is not enough to sustain a plea of not guilty when faced by allegations of this nature.
'The usage of the word 'k****r' is not just illegal and degrading to the humanity and dignity of the learners, but it reminds us all of the horrible past of our country,' the award reads.
The arbitrator also pointed out that Louw agreed with almost every detail of the pupils' accounts, except the use of the racial slur.
'If the applicant was really truthful about this, surely his wife and Mrs van der Lith would not have deemed it troublesome to come to this council and to corroborate his version.'
Describing Louw's conduct as 'despicable', the arbitrator concluded that the teacher being fired was an appropriate sanction and 'a matter of last resort'.
Therefore, the dismissal was 'substantively fair'.
'In this democratic South Africa, people like the applicant are anti-transformation and should not be allowed near children and the good citizenry of our society.'
NOW READ: Can you get fired for being racist? Here is what employers and employees need to know