Representatives from the Callas Foundation staged a placard demonstration outside Mitchell's Plain School of Skills in Rocklands on Friday, May 23, following the recent return to school of a teacher who is the accused in a sexual assault case involving a minor.
Image: Alicia English
Representatives from the Callas Foundation, a non-profit, held a placard demonstration outside Mitchell’s Plain School of Skills (MPSOS) in Rocklands on Friday, May 23, opposing the school’s reinstatement of a teacher who stands accused of allegedly sexually assaulting his minor child.
According to the Callas Foundation’s Caroline Peters, the accused, who was arrested in March 2022, remains out on bail and will appear in the Bluedowns Regional Court on Friday, 4 July.
The alleged assault took place in 2021.
He was suspended by the Western Cape Education Department (WCED) in April 2024, but he recently returned to work, after the department concluded its internal investigation in March, she said.
Ms Peters said reinstating the accused violates the rights of the complainant – the child's mother, who is also a teacher at MPSOS, and a witness in the case.
“They (WCED) are protecting an alleged perpetrator. We are here today to say to the department of education that the alleged perpetrator must be removed.
“One of the bail conditions is that he is not supposed to be close to the child who is a minor as well as one of the witnesses, who is the child's mother. She also happens to be a teacher at the school, so I don't know how the department of education could allow him to be reinstated.
“He needs to stay at home. We cannot allow alleged perpetrators of sexual violence against children on school – not in a country where gender-based violence and violence against children is so high. These are special needs children, they are more vulnerable,” Ms Peters said.
Linda Jones of the Mitchell’s Plain Community Police Forum said if the accused is found in violation of his court order, he should be arrested accordingly.
“If the court has ordered the accused not to be close to the witness, then he's in violation of that order, and he should be arrested according to the law," Ms Jones said.
Eric Ntabazalila, provincial spokesperson for the National Prosecuting Authority (NPA), said the NPA could not comment on the matter as the case is still before court.
"The bail conditions made no prohibitions of him being in the same premises with his wife. It just indicated that he shouldn’t be in contact with the complainant or the mother," he said.
Bronagh Hammond, spokesperson for the WCED, said the accused has the right to return to school, as he was found not guilty of misconduct by the Education Labour Relations Council (ELRC).
"Due to the seriousness of the allegation, the WCED, as the employer, felt it had a duty to bring this case forward to safeguard the interests of the learner in terms of Section 28(2) of the South African constitution and to bring this matter before the ELRC to ensure that the interests of the learner are protected at all costs.
"The employee, however, was found not guilty by the ELRC presiding officer of committing the acts of assault, and therefore not guilty of the charge of misconduct levelled against him by the WCED in terms of section 17(1)(b) of the Employment of Educators Act No 76 of 1998," Ms Hammond said.
Asked about the rights of the accused's ex-wife who teaches at the same school and is a witness in the case before the court, Ms Bronagh said: "The ELRC found the educator not guilty. The situation will be monitored to safeguard all parties," adding that his wife can consult the employee health and wellness programme for psycho-social support.