Court orders ex-teacher to pay maintenance for child he fathered with schoolgirl

A former teacher who impregnated a learner twice and infected her with HIV has been ordered by a court to pay maintenance for the child he fathered with the schoolgirl.

After a protracted legal battle spearheaded by SECTION27, the Nkomazi Magistrates’ Court ruled on 3 April that the former teacher must pay R38,000 in maintenance over the next two years. The ruling follows the teacher’s dismissal and attempts to evade his parental responsibilities.

The case unfolded against a backdrop of increasing concern about sexual misconduct at educational institutions, prompting calls for systemic reform and enhanced safety measures.

Read more: ‘Cwecwe’ rape case — ‘complex’ investigation could have been elevated to senior cops sooner, says Mchunu

Abuse, denial and legal action

The SECTION27 case began in 2022 when the organisation consulted with the learner, who had been impregnated by one of her teachers.

“He pressured her into terminating the pregnancy by ingesting rat poison. Despite this traumatic experience, the learner later became pregnant again by the same teacher. Unbeknownst to her, the educator was HIV-positive, and she contracted the virus, now requiring lifelong antiretroviral treatment. Despite all these challenges, the learner chose to keep the child,” said SECTION27.

Initially, the teacher denied paternity and refused to pay maintenance. However, SECTION27 obtained an initial maintenance order on 19 April 2023, obligating him to financially support the child.

In January 2025, the South African Council of Educators found the teacher guilty of sexual misconduct and ordered that he be struck off the roll and his name placed in the National Child Protection Register — the record of individuals deemed unsuitable to work with children.

After being dismissed from his job, the former teacher told the learner that he would no longer support their child and that she would not be entitled to any future income that he might receive.

In response, SECTION27 urgently approached the Nkomazi Magistrates’ Court to attach his pension. An interim interdict was granted, and after several postponements to secure the pension fund details, the court, on 3 April 2025, ordered the man to pay R38,000 in future maintenance over the next two years, as well as maintenance arrears from February 2025.

“SECTION27 informed the court that the learner, who is still in school, is not earning an income and living with her parents — both of whom are pensioners and unable to support the child financially. The court ordered that the funds be paid immediately upon receipt and ordered that we return to court on 28 May to ensure that the [former] educator has paid,” said SECTION27.

Zeenat Sujee, the head of Education Rights at SECTION27, told Daily Maverick that while the victory might not address the trauma that the learner suffered, the financial remedy held her former teacher accountable for the child.

“The educator abused his power of authority to enter into a relationship, impregnated the learner on two occasions, and expected to be absolved from any liability.

“The family required some form of financial assistance, and the R38,000 brings reprieve. The calculation was done in accordance with the initial maintenance order in 2023, which ordered that the educator pay R1,500 per month with an additional R500 every June and December for clothing. We will have to return to court in two years to reassess the maintenance as circumstances could change,” said Sujee.

Broader implications

The case occurred amid increasing alarm about the prevalence of sexual misconduct in SA schools.

A  total of 111 school sexual misconduct cases were referred to the Education Labour Relations Council between April 2024 and March 2025, compared to 82 between April 2023 and March 2024. Furthermore, the Department of Basic Education (DBE) recently reported in Parliament that 91 children had reportedly been raped on school premises between April and June 2024.

Sujee said the DBE’s Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools outlined steps to hold educators accountable for sexual misconduct. It requires principals to refer affected learners to a Thuthuzela Care Centre and report the matter to the district and provincial education departments. The provincial education department is obligated to investigate and follow through with disciplinary action.

However, despite this policy framework, poor implementation and a lack of accountability among key stakeholders continue to undermine the protection of learners.

Read more: Sex offenders remain ‘shielded’ by SA privacy law after minister puts the brakes on national register

Sujee said, “SECTION27 conducts school workshops in various provinces, empowering learners on their sexual and reproductive health rights. We, along with civil society partners, compiled a detailed guide for learners, families, and community members on how to deal with sexual abuse. This handbook details what to do at hospitals, police stations, courts and schools if you have survived sexual abuse and want to report it.”

Sujee and Karabo Ozah, the director of the Centre for Child Law, recently penned an opinion piece highlighting the systemic failures that many women and children face in obtaining redress in sexual violence matters.

Mini sexual misconduct toolkit for parents and learners

This mini toolkit aims to equip parents and learners with essential knowledge about their rights and relevant legal frameworks and with practical guidance for responding to sexual misconduct in schools. While not exhaustive, it serves as a valuable starting point for navigating these challenges.

For more comprehensive information, a 66-page guide on sexual abuse in schools — developed by SECTION27 and the Centre for Child Law — offers in-depth advice for children and families.

In South Africa, children under 12 cannot legally consent to any sexual act. Any sexual activity involving a learner and an educator is a serious criminal and disciplinary offence. The Criminal Law (Sexual Offences and Related Matters) Amendment Act and the Children’s Act require anyone who knows or suspects a child is being abused to report it to the police or a designated child protection organisation.

Schools must follow the DBE’s Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools, which applies to all staff, learners, and incidents on or off school premises.

	Recognise the signs Pay attention to behavioural and physical signs — while every child may react differently, common indicators include: Sudden changes in behaviour: withdrawal, aggression, or acting out. Unusual fears, especially around certain people or places. Regression: bed-wetting, soiling, or acting much younger than their age. Changes in eating, sleeping, or hygiene habits. Difficulty concentrating, memory problems, or drop in school performance. Sexual knowledge or behaviour inappropriate for their age. Physical symptoms: unexplained injuries, headaches, or stomach aches. Self-harm or risky behaviours.
	Listen to your child If your child speaks to you about the incident: Listen calmly and supportively. Let your child speak in their own words. Do not pressure for details or show shock or anger. Reassure your child. Emphasise that you love them, believe them, and that what happened is not their fault. Do not promise secrecy. Explain that you need to get help to keep them safe. Do not confront the alleged abuser. This could put your child at further risk. Ask if your child feels safe at home and at school. If not, treat it as an emergency and contact authorities immediately.
	Report to authorities Report the incident to the school as soon as possible. The school must inform the parents/guardians and initiate an internal investigation, while also reporting the matter to the police if it is a criminal offence. The principal must notify parents/guardians in writing within 24 hours, outlining the incident and the next steps (without naming the victim or alleged perpetrator). If the school does not act, escalate the report to the district, provincial, or national education authorities. You can also contact Childline (0800 055 555) or the police directly.
	Support your child Seek professional counselling for your child and yourself. Many schools offer referrals, or you can contact organisations like Childline or local sexual assault support services. Maintain open communication. Let your child know you are there for them and will support them throughout the process. Respect your child’s privacy. Limit sharing details to only those who need to know. Prepare your child for possible interviews with authorities or school officials, and reassure them that you will be with them every step of the way. DM