Nearly 170 Cases of Teacher-Student Sexual Misconduct: Department of Basic Education

The Department of Basic Education (DBE) and the Education Labour Relations Council (ELRC) have raised alarms over the increasing number of teacher-student sexual misconduct cases in South Africa. In the last two financial years, nearly 170 cases of sexual relationships between teachers and students have been reported, highlighting a deeply concerning issue in the country’s education sector.

Contents

Rising Cases Across Provinces: An Alarming Trend

The ELRC has reported a steady increase in cases where teachers have been implicated in sexual relationships with learners. A total of 82 cases were referred during the 2022/23 financial year, with another 82 cases surfacing in 2023/24. Provinces like the Eastern Cape, Gauteng, KwaZulu-Natal, and the Free State have seen a particularly worrying rise in such allegations. The Eastern Cape leads with the highest number of reported incidents, reflecting systemic challenges in curbing teacher misconduct.

According to ELRC general secretary Dr. Cindy Foca, although no clear patterns or trends have emerged from these cases, the growing influx signals a significant issue that needs urgent attention. Foca stressed that while provincial education departments are responsible for investigating allegations, non-cooperation from learners and parents often delays progress.

Legal Framework and Challenges

Sexual relationships in schools are categorized as serious misconduct under Section 17 of the Employment of Educators Act, which mandates the dismissal of educators found guilty of such behavior. These teachers are subsequently blocked on the Persal system, preventing future employment in public schools, and their names are submitted to the Child Protection Register maintained by the Department of Social Development.

However, Foca identified several gaps in the legal system. Teachers hired by School Governing Bodies (SGBs) often evade the formal processes managed by the ELRC. Moreover, the limited accessibility of the Child Protection Register prevents offenders’ names from being publicly known, raising concerns about whether the system adequately protects learners.

The Department’s Response to Sexual Misconduct

Elijah Mhlanga, spokesperson for the DBE, acknowledged that sexual harassment remains a persistent problem within the education sector. He pointed out that each year, teachers lose their jobs due to sexual misconduct, emphasizing the importance of such dismissals as deterrents. Mhlanga stressed the need for stricter adherence to professional standards, reminding educators of their duty to provide care and support.

“The relationship between teachers and learners is inherently unequal,” Mhlanga explained. “We must ensure teachers understand that their professional responsibility is to protect learners, not exploit them.”

To address these concerns, amendments have been made to the Employment of Educators Act, reinforcing that any teacher found guilty of a sexual relationship with a student, even with mutual consent, must be dismissed. This action aims to maintain the highest ethical standards in schools and deter further incidents of misconduct.

ELRC Faces a Broader Challenge

The ELRC has also reported receiving 899 cases from teachers challenging decisions made by the Department of Education on various matters, including sexual misconduct, discrimination, fraud, and theft. Among these cases, the Western Cape referred 104 incidents, ranking fourth behind the Eastern Cape (190 cases), Gauteng (160 cases), and KwaZulu-Natal (146 cases).

These statistics reflect a broader challenge within the education sector, where accountability measures often clash with procedural delays and systemic limitations.

What Needs to Be Done?

The rise in teacher-student sexual misconduct cases highlights the urgent need for stronger oversight, improved cooperation between education departments and parents, and more accessible child protection mechanisms. Addressing these issues will require a multi-faceted approach, including:

Enhanced legal frameworks to close gaps related to SGB-appointed educators.
Public access to offender registers to ensure transparency.
More robust training for teachers on ethical conduct and professional standards.

By holding educators accountable and ensuring swift investigations, the DBE and the ELRC aim to protect the dignity and safety of learners across South Africa.

Sexual misconduct in South African schools is a pressing issue that threatens the integrity of the education system and the safety of learners. With nearly 170 cases reported in just two years, the need for decisive action has never been more urgent. Strengthening legal frameworks, promoting cooperation, and reinforcing ethical standards among teachers will be crucial steps in addressing this challenge.

The DBE’s efforts to ensure that teachers adhere to the highest professional standards are essential to restoring trust in the education system and protecting the future of South Africa’s learners.