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IOL News
a day ago
- IOL News
KZN crime statistics highlight loopholes for sexual offenders in accessing society's most vulnerable
Recent high-profile sexual offence cases in KZN include a 12-year-old Reservoir Hills pupil being sexually groomed by a teacher and a six-year-old Esikhaleni pupil who was allegedly raped while at school. THE recent revelation - as part of the fourth quarter SAPS crime statistics - that KwaZulu-Natal (KZN) had the highest number of rape cases within educational facilities demands urgent and focused attention. This amid reports of a growing number of sexual offences against children and following the Education Labour Relations Council (ELRC) 2024/2025 report expose that a staggering 39 educators in South Africa were convicted of such crimes against learners while at school. Recent high-profile sexual offence cases in KZN include a 12-year-old Reservoir Hills pupil being sexually groomed by a teacher and a six-year-old Esikhaleni pupil who was allegedly raped while at school. The horror of the situation is highlighted by a recent post by Jess Foord, of the Jess Foord Foundation, who stated that 'a South African girl has more chance of being raped than learning to read'. This is the sad reality of sexual offences against children in KZN. The crime statistics – for the period January 1 to March 31 - further revealed that 80 cases of rape were reported in South Africa, with KZN making up 48 of these. This figure forms part of a total of 2 127 reported cases of sexual offences in KZN during the same three months – a number that is increasing each quarter. The statistics also revealed that the Inanda SAPS had the second highest number of reported sexual assault cases in South Africa, with a 6.4% increase in the number of cases compared to the previous quarter. This while Empangeni SAPS recorded the third highest number of rape cases country-wide, with an alarming 32.8% increase from the previous quarter. It is clear that this growing epidemic – whether within our schools, at work, our homes or our neighbourhoods - is not being properly addressed. Compounding the situation is the inability of SAPS in KZN to ensure proper law enforcement when it comes to sexual offenders. This has led to many victims withdrawing charges and numerous cases being thrown out of court due to insufficient evidence for prosecution. Sexual offences, particularly those against children, also often cause various health issues, in particular mental health issues. This is amplified by little support or protection for victims who come forward to report such cases and who often still have to face their perpetrators on a daily basis. While South Africa's sex offender register is currently unavailable to the public, government, businesses and education institutions are able to access it to vet staff before they are employed. It is imperative that this takes place. Our schools, universities, NPOs, NGOs and those government institutions and businesses that work with vulnerable members of society must vet staff to ensure that they are not exposed to sex offenders. There is however a gap in the system. The sex offenders register only lists those convicted and not those accused or reported for sexual offences. This leaves the door wide open for offenders to access spaces where they can commit further sexual offences against vulnerable populations. This must change. It is clear that in order to be effective, the sex offenders register must become publicly available. It must also include a list for repeat offenders, whether criminally charged or not and a list of those who stand accused – which is not available to the general public – and whose names are then added to the public list in the event that they are found guilty. As part of the KZN's Government of Provincial Unity (GPU), the DA will approach its national counterparts, within both the social development and education sectors, in a bid to lobby for a change in legislation to ensure this takes place. We have long advocated for a whole-of-society approach to deal with South Africa's horrific rape statistics. In KZN, this approach demands that the departments of Health, Education and Social Development work together with NGOs/NPOs, community organisations, businesses, religious institutions, schools, sports clubs and other community groups to educate young people about rape, its effects on society and its consequences. A whole-of-society approach also demands that parents, teachers, neighbours, coaches, youth leaders, religious leaders and businesses partner together to ensure that both adults and children are properly educated and to ensure that appropriate sexual behaviour is maintained in society. This will also assist in reducing KZN's high teenage pregnancy rate and the ongoing and disturbing issue of the abandonment of unwanted babies. Government departments also need to initiate programmes to assist and support those individuals who commit family and sexual violence. Unless this is done, the cycle of violence will perpetuate. Further programmes must also include guidance for parents to help promote better relationships between parents and teenagers, with an accessible link between families and social services to prevent and treat family violence. All forms of sexual misconduct, no matter how minor they be perceived, must be reported and dealt with effectively. Healthcare workers and parents must immediately report any sexual abuse to SAPS – which must ensure that its officers are effectively trained to attend to rape cases with the required sensitivity. As a member of KZN's GPU, we remain committed to working towards a society that takes a firm stand against rape and sexual misconduct. Failure to do so will only see this scourge worsening over time.
The Citizen
3 days ago
- The Citizen
Teacher dismissed for sexual harassment against Grade 8 pupils
The arbitrator noted that students initially delayed reporting the harassment incidents 'because Siwela threatened them'. A Gauteng high school teacher has been found guilty of sexual assault and harassment of multiple Grade 8 students and dismissed from his position following a lengthy arbitration process that concluded in May 2025. Lindokuhle Siwela, a natural science teacher at Kensington High School, was found guilty on multiple charges of sexual misconduct involving several schoolgirls in 2023. Education Labour Relations Council arbitrator Themba Manganyi ruled that Siwela was unsuitable to work with children and ordered his dismissal as the mandatory sanction. The arbitrator also declared that Siwela be registered as unsuitable to work with children in terms of the Children's Act, effectively barring him from any future employment involving minors. Pattern of misconduct targeting Grade 8 students The charges against Siwela involved a disturbing pattern of behaviour targeting Grade 8D students throughout 2023. The allegations included multiple instances of sexual assault through inappropriate touching, sexual harassment through inappropriate comments and questions, and intimidation of victims who threatened to report him. According to testimony by pupils, Siwela's misconduct extended beyond physical assault to include a system of awarding academic marks based on students' physical appearance rather than their academic performance. Learner ZY testified that during a periodic table project, Siwela 'would allocate them marks based on their body shape'. She recounted how when asked how many marks she deserved, she said 15 out of 20, 'but he said she deserved 18 out of 20 because she was beautiful'. ALSO READ: Police rope in specialised team to probe murder of 14-year-old Lukhona Fose Students testify about harassment Multiple students provided testimony detailing Siwela's inappropriate behavior during the 2023 academic year. The students, whose identities were protected during proceedings, described a pattern of unwanted physical contact, inappropriate sexual comments and threats when they attempted to seek help. Learner AM testified about an incident in which she and another student called Siwela for help with a project. 'Mr Siwela approached them from behind and put his hands around their necks and he held their breasts,' the arbitrator's report said. When questioned about his actions, Siwela allegedly responded that 'he would make them fail'. The same student testified that Siwela told her 'she must date him and that he would take good care of her and that she should stop sleeping with young boys.' Learner SK, who served as a representative council member, testified about particularly disturbing incidents including Siwela's refusal to allow her to use the toilet during menstruation unless she proved her condition to him. 'Mr Siwela refused and said that she must undress so that he could see for himself,' according to her testimony. ALSO READ: Police launch search for teen kidnapped by fake cops in Vereeniging Threats and intimidation tactics Central to the case was evidence that Siwela used his position of authority to intimidate students who might report his behaviour. Multiple witnesses testified that he threatened academic retaliation against students who spoke out. SK testified that Siwela 'threatened her that if she reported him for sexual harassment, he would make sure that she did not write matric'. Similarly, testimony revealed that Siwela told another student 'he would make her life miserable and that he would make her fail' when she indicated she might report him. The arbitrator noted that students initially delayed reporting the incidents 'because Mr Siwela threatened them'. ALSO READ: Abusive Teachers: How do we deal? Teacher's defence collapses under scrutiny During the proceedings, which spanned multiple hearing dates from August 2024 to March 2025, Siwela pleaded not guilty to all charges but offered what the arbitrator characterised as merely 'bare denial' of the allegations. Siwela's testimony was marked by contradictions and admissions that undermined his defence. He conceded that he 'touched learners when he was interacting with them during teaching and learning' but denied inappropriate intent. Regarding specific allegations, Siwela's responses were evasive. On one charge of sexual assault, he stated he 'had nothing to say about allegation 1 as he was not sure whether it happened in full view of the class or somewhere else'. The arbitrator noted that Siwela 'conceded that he could have touched her bum when moving in between the rows, but denied that he smacked her' and admitted that 'allegation 12 could be true because he used to compliment learners who wore full uniform'. ALSO READ: Discipline and learning collapse at Wordsworth High School Arbitrator finds evidence overwhelming Manganyi found the students' testimony credible and consistent, noting that 'all the learners that testified in these proceedings gave a first-hand account of what they knew and they were consistent even during cross-examination'. The arbitrator was particularly critical of Siwela's defence strategy, noting that 'there was no version that was put to them during cross-examination' and that key elements of Siwela's own testimony contradicted his defence. Manganyi dismissed Siwela's claims that the students were disruptive and had fabricated the allegations, pointing out that no evidence was presented of any disciplinary action taken against the student witnesses. The arbitrator noted that 'these learners were in their first year in high school and the reception that they got from Mr Siwela is very appalling to say the least'. 'The evidence that the learners gave was corroborative, consistent and not rehearsed, contrary to Mr Siwela's arguments,' the arbitrator concluded. ALSO READ: School in south of Joburg rocked by sexual harassment claims Mandatory dismissal and future restrictions The arbitrator determined that dismissal was the mandatory sanction given the nature of the violations under the Employment of Educators Act. Manganyi found Siwela to be 'an unsuitable candidate for corrective discipline as he never showed any remorse for his actions'. The ruling emphasised the breach of trust inherent in Siwela's position: 'It is common cause that Mr Siwela was entrusted with the care of children and that it was expected of him to act with the utmost good faith in his conduct towards learners as society must be able to trust him as an educator unconditionally with children.' The ruling also requires notification to the South African Council of Educators regarding breaches of professional ethics. NOW READ: KZN Education welcomes arrest of alleged serial school rapist
The Citizen
3 days ago
- The Citizen
‘Using k-word is illegal': Northern Cape teacher fired for racist outburst loses reinstatement battle
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
IOL News
08-05-2025
- IOL News
Leaked video proves teacher did have sexual relations with learner
During the hearing, ELRC arbitrator Monde Boyce voiced concern about the increasing frequency of teacher misconduct involving pupils, noting that such cases have almost reached crisis levels. BOOTED: onnie. A teacher from Golf View Secondary School in Mahikeng, North West, has been dismissed after being found guilty of having a sexual relationship with a pupil. The Education Labour Relations Council (ELRC) fired Modise Mokomele on 5 May following an arbitration hearing where explicit videos and photos were presented as evidence. The scandal surfaced when a video allegedly showing Mokomele engaged in a sexual act with the pupil, identified as Learner B, began circulating among students at the school. Witnesses testified during the ELRC hearing, confirming that the footage was widely shared. Learner B had reportedly confided in another pupil about her relationship with Mokomele after their first-term tests in 2024. Despite being warned about the risks, Learner B continued the relationship. During the hearing, ELRC arbitrator Monde Boyce voiced concern about the increasing frequency of teacher misconduct involving pupils, noting that such cases have almost reached crisis levels. Boyce concluded that Mokomele was unsuitable to work with children and ordered that his name be placed on the Department of Social Development's Child Protection Register. A teacher at the school, Lesego Mosweu, testified that she was shocked after receiving the explicit content via WhatsApp and immediately reported it to the principal, Daniel Manone. Although Mokomele denied the allegations, both Manone and Mosweu identified him in the video, and Boyce deemed his denials unconvincing. In a related case, the ELRC also dismissed Paseka Molefe, the principal of Letsatsing Secondary School in Mmabatho, after finding him guilty of sexually assaulting a Grade 8 pupil. Molefe allegedly grabbed the pupil's waist and made inappropriate remarks. The North West education department has encouraged learners to speak out against sexual victimisation and reiterated the importance of educators maintaining professional boundaries. Department spokesperson Mphata Molokwane said that neither Mokomele nor Molefe had indicated whether they planned to appeal the dismissals.
IOL News
25-04-2025
- IOL News
Shocking rise in sexual harassment cases in South African schools
The Education Labour Relations Council (ELRC) has confirmed 111 cases of sexual harassment and abuse of learners by teachers were referred to them in the 2024/2025 financial year. In a crisis plaguing South African schools, the Education Labour Relations Council (ELRC) has confirmed 111 cases of sexual harassment and abuse of learners by teachers were referred to them in the 2024/2025 financial year. The shocking figure is 29 cases more compared to the previous year, when 82 cases of sexual harassment and abuse by teachers were referred to the council. The province leading with the highest number of cases referred for 2024/25 is KwaZulu-Natal with 25 - an increase of 14 cases compared to the previous year, followed by the Eastern Cape with 21, Gauteng with 16, the Western Cape and Free State both with 12, Mpumalanga with 10 and North West recording seven. Education MEC David Maynier's spokesperson, Kerry Mauchline, said six teachers were dismissed following seven cases of sexual assault of learners allegedly by teachers and public service staff for the year 2024/25. She said data for 2024/25 was currently being finalised and that the figures include both teachers and public service staff, and includes incidents that did not occur on school property. 'We obtained data from our Labour Relations directorate on cases involving sexual assault,' she said. 'We have seen a decrease in cases in 2024/25 (7 cases) compared to 2023/24 (15 cases). 'Of the 7 cases, 6 of the staff were dismissed, and one was suspended without pay. 'The WCED has strict protocols in place when an incident of sexual assault, or any form of assault or abuse, occurs at a school.' Mauchline said with the growing cases, staff were trained on how to manage sensitive cases. The statistics come as South Africa battles a scourge of gender-based violence. A national shutdown last week demanded the resignation of Police Minister Senzo Mchunu, amid slow progress in the investigation into the rape of 7-year-old Cwecwe on the premises of Bergview College in the Eastern Cape. Department of Basic Education (DBE) spokesperson, Elijah Mhlanga, said they deemed such crimes as serious. "The department works with various stakeholders to isolate and punish those in the sector who have committed these heinous crimes," he said. 'The department has implemented the Comprehensive Sexuality Education as an approach aimed at empowering young people to identify potential danger, learn how to report and provide evidence that can be used to prosecute perpetrators." Childline CEO, Dumisile Cele, called for those accused to have their names added to the Child Protection Register within the Children's Act. 'We note the statistics on abuse of children and young people within the institutions of learning. "We know that these cases do not always come to the attention of authorities. It is therefore possible that there is underreporting of these cases,' Cele said. 'The reported statistics and the noted increase from the previous year is of great concern. "We must all demand to know about the safeguarding policies in our children's schools. Demand to know the procedures followed in dealing with cases reported in the school and the outcome of those cases. "We also know that educators tend to move from one school to the other. "It is therefore important that those found to have committed crimes against children be it through the courts or the schools' disciplinary procedures are reported to the correct authorities for example Part B of the Child Protection register within the Children's Act. "This will ensure that they are noted as individuals not suitable to work with children and when the potential employees conduct the necessary checks they have access to this information.' Western Cape Children's Commissioner, Christina Nomdo's office said they were not in a position to comment. Cape Argus
