Latest news with #ELRC


eNCA
8 hours ago
- eNCA
ELRC investigating teaching jobs-for-cash reports
JOHANNESBURG - The Education Labour Relations Council (ELRC) has launched a probe into the alleged sale of teaching posts. It will also audit teachers and pupils to find ghost teachers. The council says teachers have come forward with allegations that posts are allegedly being sold for over R20,000 per post. The ELRC hopes to complete the audit by October. The forensic investigation is expected to be completed by June 2026. ELRC spokesperson Bernice Loxton said the timelines are realistic and won't disrupt schooling.


The Citizen
a day ago
- The Citizen
Gauteng teacher accused of raping pupil at gunpoint is dismissed after skipping hearing
The ELRC ruled that he was unsuitable to work with children. The Education Labour Relations Council (ELRC) has ruled that a Gauteng teacher must be dismissed after he allegedly raped a Grade 11 pupil at his home, while threatening her with a firearm. The Gauteng Department of Education dragged the teacher before the ELRC, but he failed to attend his arbitration proceedings. He faced three charges of misconduct: raping a pupil on 13 February 2025, pointing a firearm at her during the incident, and sending her sexually explicit WhatsApp messages. The case had been referred for inquiry; however, the teacher ignored both the pre-hearing on 18 June and the scheduled hearing on 24 July at the department's Johannesburg West District office in Florida. It later emerged that he was not interested in attending the inquiry because his focus was on his criminal rape case arising from the same incident. Rape victim's testimony The hearing went ahead in his absence. The pupil testified that the teacher, who taught her isiZulu from Grades 8 to 10, grew close to her family because they shared the same surname. He was even introduced to her father and regarded as an unrelated family. According to the 16-year-old girl's testimony, the teacher brought his daughter from KwaZulu-Natal (KZN) to live with him when schools reopened in January. He persuaded the pupil's parents to let her stay at his home too, claiming it was closer to school. Once she moved in, the teacher imposed strict rules, including forbidding her from calling her parents in his absence or speaking to tenants on the property. ALSO READ: Eldorado Park parents abandon bail bid in child abuse case On the night of the alleged rape, the teacher sent the pupil sexually suggestive WhatsApp messages around 11pm when she was studying. Although he ordered her to delete them, she first took screenshots. Later, while she was asleep in the room she shared with his daughter, the teacher allegedly dragged her to his bedroom. She testified that when she resisted, he cocked a gun and threatened to shoot her if she screamed. He then allegedly removed her pyjamas and raped her. Afte the ordeal, he ordered her to bathe and wash her clothes. The next day, the teenager reported the incident to her parents, who took her to a doctor and opened a case with the police. The school principal was informed on 16 February. Family's response The teenager's father broke down during proceedings, saying he regretted allowing his daughter to live with the teacher. He also revealed that the victim's mother discouraged her from pressing charges and appeared to side with the teacher. The father claimed he suspected that the teacher had promised the mother 'something'. READ MORE: Father accused of raping and impregnating daughter denied bail The 16-year-old has since moved to live with her aunt and transferred to a new school. The Gauteng Department of Education described the teacher's actions as deliberate and predatory. Comparing him to a predator, the department argued he was like a 'hunting lion' who knew how to 'scale, plan and prey on his victims'. His behaviour, they said, was calculated and premeditated. Arbitrator's ruling The ELRC arbitrator upheld all charges and ordered the teacher's dismissal, stating it was necessary to send a strong message to the other employees. 'He can no longer be trusted around girl learners. 'His relationship with the employer is irretrievably broken; thus, he was suspended from the school as his behaviour was that of a sexual harasser or rapist,' she said in her ruling delivered on 6 August. The arbitrator pointed out that, as the teacher had waived his right to present his case, the evidence before her stood unchallenged. She also highlighted that the witnesses' testimonies had no contradictions. 'There is a link between the messages and the sexual act. Therefore, he was the author of the messages. '[The teacher] not only raped the learner but also threatened to shoot her if she screamed. 'Shame and lack of defence certainly are behind his snubbing this inquiry,' the arbitrator said. '[His] attitude of refusing to attend this inquiry demonstrates a lack of remorse for this appalling and heinous offence. 'He displays brazenness with no regard to the outcome of these proceedings,' she added. In addition, the arbitrator ruled that he was unsuitable to work with children. NOW READ: KZN man sentenced to 55 years in prison for raping five women


The Citizen
5 days ago
- The Citizen
ELRC to physically verify all educators and pupils amid ghost worker allegations
National checks by the ELRC aim to verify educators and pupils, addressing alleged payroll fraud and the selling of posts. The Education Labour Relations Council (ELRC) will conduct the physical verification of educators and pupils in schools across the country to address allegations about ghost workers in the education sector. Teachers unions, the Department of Basic Education, and the nine provincial Departments of Education have tasked the ELRC with urgently commissioning national projects, the organisation said on Friday. The projects include the physical verification of educators and pupils in an attempt to address claims of ghost workers. The ELRC will also embark on a forensic investigation to address allegations of the selling of posts. Ghost worker and selling posts allegations The allegations of ghost workers in the Mpumalanga Department of Education were raised by Parliament's Public Service and Administration Committee's chairperson, Jan de Villiers, in May. In 2024, the Auditor-General discovered that the provincial department paid R6.4 million in salaries to ghost workers. ALSO READ: Two Bethlehem residents arrested for ghost worker fraud 'Real people are drawing fraudulent salaries, and real taxpayer money is being syphoned into private pockets under the guise of legitimate employment,' de Villiers said in a media briefing. The chairperson said that according to the Department of Public Service and Administration, at least three internal officials must conspire to add a ghost worker to the public payroll system. 'This means we are dealing not with random lapses in judgment but with embedded criminal syndicates operating in our public institutions,' de Villiers said. Mpumalanga refutes claims of R6.5m salaries to ghost workers The Mpumalanga Provincial Government, however, refuted the allegations, claiming that the R6.5 million had been incorrectly reported as salaries paid to ghost workers. The premier's office said previous investigations, including a 2023 physical verification by the provincial Treasury, found no evidence of ghost employees. ALSO READ: Ghost workers suspected in Saps as seven senior officials face corruption charges The provincial government acknowledged isolated 'late termination' cases but said measures are in place to strengthen payroll integrity. Late terminations are cases where an employee passes away shortly after a salary run has been processed. 'To ensure that the record is corrected and constructive engagement continues, the Department has resolved to write formally to the Portfolio Committee on Education, where the allegations emanated from, to clarify this matter and seek further guidance,' the premier's office said on 11 June. The ELRC said it will roll out physical verification and forensic investigation projects across all nine provinces. The expected completion date for the verification of educators and pupils is the end of October 2025, given the urgency and national importance of the process. 'These two major initiatives mark a significant step towards restoring the integrity of the sector and eradicating alleged corruption in the education system,' the ELRC said. NOW READ: Ghost workers drain billions from public funds

IOL News
25-07-2025
- IOL News
Unemployed teacher in legal battle with education department after missing deadline for permanent job application
A teacher was engaged in a legal battle with education department after she was not hired permanently. An unemployed teacher who worked on contract took the Western Cape Department of Education Education Labour Relations Council (ELRC) after she was not hired when her contract ended. Sibahle Qhiphu was employed as an educator at Wallasdene Secondary School in Cape Town. When her contract ended in December 2024, she referred an unfair dismissal dispute to the ELRC. She explained that her dispute was about non-conversion to a permanent position, because she applied to be converted to permanent, but she was not converted and now she was unemployed. She had the necessary qualification required for the position. She has a Grade 12 certificate, a National Diploma in Adult Basic Education and Training. The position in question was for a teacher in English First Additional Language and Tourism in the Further Education and Training (FET) phase and she was teaching those subjects when she was on contract. Explaining her ordeal, Qiphu said she was on lunch when she was informed by the school secretary, Zandile Faye, that she had to quickly certify her documents as the circuit manager would be at the school to sign the applications. She got a lift from her colleague to get her documents certified but when she returned to the school at around 4PM, in order to hand in her documents, everybody at the office already left. She went home with the documents and submitted them on Tuesday November 19, 2024, four days later. She did not receive any feedback after submitting her application.


The Citizen
06-07-2025
- The Citizen
Western Cape school principal gets job back after demotion over ‘kwedini' remark to his deputy
The Western Cape education department was directed to pay the principal for the financial loss resulting from the demotion. A primary school principal in the Western Cape who was demoted for calling his deputy a 'kwedini' (small boy) and threatening to hit him has been reinstated following a successful appeal. Earlier this year, Mvuysi Stanley Damba was demoted to a teaching position at Sobambisana Primary School in Khayelitsha. The disciplinary action followed an incident in which he allegedly threatened to assault the deputy principal. Damba, who has served at the school since 1993, was found guilty on two counts of misconduct despite his absence from two scheduled disciplinary hearings. He later challenged the decision, taking the Western Cape Department of Education to the Education Labour Relations Council (ELRC), claiming the demotion was unfair. The arbitration proceedings took place on 16 April and 4 June. Western Cape primary school principal salary reduced During the hearings, it was revealed that on 19 July last year, Damba referred to his deputy, Z Bonani, as a 'kwedini' in front of other staff members. He also allegedly pushed Bonani against a wall and threatened to hit him. Although Damba was not suspended, a disciplinary hearing was scheduled for 5 December. The principal did not attend, despite being on school premises at the time. He instead submitted a medical certificate stating he was on approved sick leave from 4 to 13 December 2024. ALSO READ: 'Using k-word is illegal': Northern Cape teacher fired for racist outburst loses reinstatement battle The hearing was postponed to 21 January this year, but again, Damba failed to appear, stating he was on family responsibility leave. The hearing proceeded in his absence, and Damba was demoted, resulting in a salary reduction from R71 931.50 to R33 777.55. He appealed to the ELRC, seeking to have the demotion declared an unfair labour practice and to be reinstated. Principal's testimony Damba gave virtual testimony, claiming that his working relationship with Bonani had been strained. The principal alleged that Bonani failed to follow instructions and negatively impacted the school's performance. He said he had tried to address Bonani's conduct, but with little success. READ MORE: Pretoria Girls High principal found guilty of misconduct Regarding his absence from the first hearing, Damba explained that, although on sick leave, he had to attend to urgent work matters and a meeting. He claimed he was unaware of the rescheduled hearing due to being on family responsibility leave from 21 to 27 January to attend a ritual outside the province. He denied the allegations against him. Witness testimony The Western Cape education department called several witnesses, including the school secretary, a district circuit manager, and Bonani himself. Bonani described the events of 19 July, saying he had been addressing a leaking ceiling with two colleagues when Damba accused them of making noise. He said the principal then dragged him toward the staff room. When he resisted, Damba allegedly pushed him against a wall, with other staff members intervening. Bonani also testified that his relationship with Damba had been acrimonious even before the incident. Another witness, V Majuqulana, confirmed seeing Damba pull Bonani by the arm into the staff room, but said he did not witness the name-calling or the shove. READ MORE: Eastern Cape teacher fails to get job back after being fired for fabricating marks of 200 matric pupils Advocate Sibanda, who chaired the disciplinary hearing, testified that he proceeded with the hearing because Damba was present at school on the day. He considered the principal's absence 'contemptuous' due to a lack of explanation. Sibanda delivered a guilty verdict and gave Damba 'another chance' by imposing the demotion. However, he admitted that he did not allow the principal to offer mitigating arguments because he lacked his contact details. T Manganeng, a circuit manager from the Metro East Education District, denied being contacted by Damba ahead of the second hearing. He also stated that he did not receive a leave application and could not confirm if the ritual qualified under family responsibility leave. ELRC outcome In his ruling, ELRC Commissioner Jacques Buitendag found the demotion to be unlawful because it was imposed without Damba's consent as required by law. He highlighted that Sibanda had not obtained Damba's agreement, thus making the demotion invalid. 'In other words the employee must agree to the demotion,' he said. Buitendag also pointed out that the department failed to call three additional witnesses who could have supported their case, particularly given Majuqulana's admission about not seeing the entire incident. The commissioner ruled that Damba be reinstated. 'I find that is indeed appropriate to reinstate the applicant to the position of principal. But this is not the end of the matter and does not totally absolve the applicant. 'The respondent must be afforded an opportunity to convene a fresh disciplinary hearing if it so wish,' the ruling further reads. Buitendag ordered that Damba return to work on 2 July and be compensated for the financial loss resulting from the demotion. The department was instructed to pay him R152 615.80 by 15 July and was also given the option to initiate new disciplinary proceedings. NOW READ: Waterkloof principal transferred amid witness interference claims