The Education Labour Relations Council (ELRC) has imposed the dismissal, effective on Friday, of a Mpumalanga teacher who pleaded guilty to charges of sexually harassing five pupils and a female colleague.
The charges against Nkosinathi Msiza, a teacher at Mabande Comprehensive High School in Emalahleni, emanated from incidents reported by pupils.
One of the charges was that on August 21 last year he failed to refrain from improper physical contact with a grade 11 pupil whom he hugged tightly and kissed or attempted to while touching her private parts.
In another incident in June or July last year, during the school holiday while he was at school, he invited another grade 11 pupil to come to school where he locked her in a side room of his office and touched her on her breasts and buttocks while attempting to kiss her and telling her to sleep with him.
On August 27 2022, Msiza demanded to sleep with a grade 10 pupil, and when she refused, sent her a WhatsApp message telling her it was her loss.
During 2023, while in his office, he allegedly touched a grade 12 pupil on her buttocks and requested her to engage in sexual intercourse with him while trying to kiss her.
In the fifth incident, while in his office during the second or third term of 2023, Msiza was accused of telling a grade 11 pupil he dreamt of her engaging in rough sex with him.
Msiza also faced a charge of misconduct in that during the first term in January or February 2023, while at the school, he failed to refrain from sexual harassment of his colleague whom he kissed against her will.
Msiza, who was represented by his union, pleaded guilty to all the charges.
After he confirmed he understood the implications of pleading guilty, ELRC commissioner Monde Boyce said it was unnecessary to hear the evidence of the pupils. He called on the parties to make submissions in aggravation and mitigation of the sanction and none of them made any.
In his findings made on Tuesday, the commissioner said the constitution and South African Council for Educators (Sace) code of professional ethics were aimed at ensuring the rights of pupils not to have their bodily integrity violated were protected and ensuring untoward conduct by teachers was kept in check and harshly dealt with.
Boyce said Msiza faced serious allegations and the charges pointed to the transgressions having happened over time.
“The incidents of violation are not isolated if one has regard to the number of learners who complained against him,” he said.
The general secretary of the ELRC must refer the award to Sace for consideration of appropriate action, said Boyce. The general secretary must also notify the department of social development to enter his name in the National Register for Sex Offenders.
Boyce said Msiza has the right to take the matter on review to the labour court within the prescribed time frame.
TimesLIVE
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