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"contents": "<span style=\"font-weight: 400;\">A senior teacher at Kloofwaters Primary near Rustenburg, North West, has been reported to education authorities for allegedly having a sexual relationship with a learner.</span>\r\n\r\n<span style=\"font-weight: 400;\">The revelations were reported in </span><a href=\"https://www.sowetanlive.co.za/news/south-africa/2024-06-06-teacher-suspended-for-inciting-pupils-to-defame-principal/?utm_medium=Social&utm_source=Twitter#google_vignette\"><span style=\"font-weight: 400;\">The Sowetan</span></a><span style=\"font-weight: 400;\">.</span>\r\n\r\n<span style=\"font-weight: 400;\">The teacher who was alleged to have a sexual relationship with the learner is </span><span style=\"font-weight: 400;\">known to </span><i><span style=\"font-weight: 400;\">Daily Maverick </span></i><span style=\"font-weight: 400;\">but cannot be named because a minor is involved and a criminal case has not been opened against him. </span><i><span style=\"font-weight: 400;\">Daily Maverick</span></i><span style=\"font-weight: 400;\"> understands that he has not been suspended.</span>\r\n\r\n<span style=\"font-weight: 400;\">Instead, on 13 May 2024, the acting superintendent-general of the North West Education Department, Marupeng Seshibe, suspended teacher Batseba Moatlhodi, who told </span><i><span style=\"font-weight: 400;\">Daily Maverick</span></i><span style=\"font-weight: 400;\"> that she had reported the alleged </span><a href=\"https://www.news24.com/citypress/news/noose-tightens-around-sex-offender-teachers-20190226\"><span style=\"font-weight: 400;\">sexual misconduct</span></a><span style=\"font-weight: 400;\"> to the School Governing Body (SGB).</span>\r\n\r\n<span style=\"font-weight: 400;\">Moatlhodi was suspended on full pay for “inciting learners” to make the allegations against the senior teacher.</span>\r\n\r\n<span style=\"font-weight: 400;\">Moatlhodi confirmed the incident and her suspension. “I was served with the suspension on the 14th and the department has 30 days to charge me.”</span>\r\n\r\n<span style=\"font-weight: 400;\">She said her legal representative has not received any charges relating to the suspension.</span>\r\n\r\n<i><span style=\"font-weight: 400;\">Daily Maverick</span></i><span style=\"font-weight: 400;\"> contacted the senior teacher, who declined to comment and referred questions to the office of North West Education MEC Viola Motsumi.</span>\r\n\r\n<span style=\"font-weight: 400;\">North West Education spokesperson Elias Malindi said the department had received a report from the senior teacher, which was written by learners alleging that he had an affair with a learner. </span>\r\n\r\n<span style=\"font-weight: 400;\">He said the teacher was approached with the letter by an SGB member.</span>\r\n\r\n<span style=\"font-weight: 400;\">Later, Malindi said learners indicated that they were forced by Moatlhodi to write the letter.</span>\r\n\r\n<span style=\"font-weight: 400;\">Malindi said the mother and aunt of one of the learners approached the school.</span>\r\n\r\n<span style=\"font-weight: 400;\">“They then wrote letters to say their child was not involved in the whole thing,” he said.</span>\r\n\r\n<span style=\"font-weight: 400;\">Even the learner implicated in the alleged relationship wrote that she was not involved with the senior teacher, Malindi said.</span>\r\n\r\n<span style=\"font-weight: 400;\">“The two learners explained that the teacher [Moatlhodi] and one parent forced them to lie.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Moatlhodi has an ongoing disciplinary matter at the school relating to non-performance. A hearing was held on 8 April.</span>\r\n\r\n<span style=\"font-weight: 400;\">Malindi said the parent who forced the two learners to write the letter later apologised to the senior teacher. </span>\r\n\r\n<span style=\"font-weight: 400;\">“The teacher [Moatlhodi] said to her, she must lie. She [the parent] requested an apology for the learners because they were innocent and they were just used by the teacher.”</span>\r\n\r\n<span style=\"font-weight: 400;\">He said the aunt had claimed that Moatlhodi used learners to fight her battles at the school.</span>\r\n\r\n<span style=\"font-weight: 400;\">But Moatlhodi has denied that she and a parent instructed the learners to write the letter.</span>\r\n\r\n<span style=\"font-weight: 400;\">Moatlhodi said she first met the parent in December, who informed her that there was a rumour going around that her colleague was having a relationship with a learner.</span>\r\n\r\n<span style=\"font-weight: 400;\">“I promised to investigate by observation. My hearing began in April where the same parent agreed to be my witness. The day before the hearing, I visited her to check availability. She then called me the morning of the hearing informing me about the letter, which she handed to me in the presence of the lawyer representing me.”</span>\r\n\r\n<span style=\"font-weight: 400;\">Malindi said psychologists were called to counsel affected learners.</span>\r\n<h4><b>The bigger picture</b></h4>\r\n<span style=\"font-weight: 400;\">Currently, a total of 231 names are currently on the child protection register database of teachers in South Africa who have been found guilty of having committed sexual misconduct.</span>\r\n\r\n<span style=\"font-weight: 400;\">This information was provided by the Education Labour Relations Council (ELRC) to the Department of Social Development (DSD), according to DSD spokesperson Lumka Oliphant.</span>\r\n\r\n<span style=\"font-weight: 400;\">ELRC is </span><span style=\"font-weight: 400;\">a bargaining council serving the public education sector to maintain labour peace.</span>\r\n\r\n<span style=\"font-weight: 400;\">These teachers worked in Gauteng (65), Western Cape (41), KwaZulu-Natal (39), Free State (34), Eastern Cape (16), Limpopo (14), North West (8), Northern Cape (7) and Mpumalanga (7).</span>\r\n\r\n<span style=\"font-weight: 400;\">Explaining how information on teachers found guilty of sexual misconduct could be accessed, Oliphant said the data came from the Child Protection Register and not the sexual offences register.</span>\r\n\r\n<span style=\"font-weight: 400;\">The register had two parts, with Part B comprising a list of individuals found to be unsuitable to work with children.</span>\r\n\r\n<span style=\"font-weight: 400;\">Oliphant said the department depended on the ELRC to provide names of teachers found to be unsuitable to work with children.</span>\r\n\r\n<span style=\"font-weight: 400;\">Section 122 (1) of the Children’s Act 38 0f 2005 states that the ELRC must notify the DSD’s director-general in writing if a person has been found to be unsuitable to work with children. </span>\r\n\r\n<span style=\"font-weight: 400;\">“Consequently, the ELRC must submit names of all teachers found guilty of sexual misconduct to the department for inclusion in Part B of the Child Protection Register,” Oliphant said.</span>\r\n\r\n<span style=\"font-weight: 400;\">Schools and SGBs, as employers, are empowered by section 126 of the Children’s Act 38 to verify whether a teacher has been found guilty of sexual misconduct.</span>\r\n\r\n<span style=\"font-weight: 400;\">To do this, they need to complete and submit a form (Form 29 of Regulation 44 of the General Regulations regarding children) to the national DSD.</span>\r\n\r\n<span style=\"font-weight: 400;\">The national DSD will respond within 21 days confirming whether or not the person’s name is on the register. </span>\r\n\r\n<span style=\"font-weight: 400;\">However, Oliphant said the Act does not authorise parents on their own to verify if a teacher has been recorded.</span>\r\n\r\n<span style=\"font-weight: 400;\">She said education authorities in departments are allowed to verify the status of </span><a href=\"https://www.dailymaverick.co.za/opinionista/2022-08-03-when-protectors-become-predators-rising-incidence-of-sexual-violence-against-children-in-sa-schools/\"><span style=\"font-weight: 400;\">teachers </span></a><span style=\"font-weight: 400;\">in the register.</span>\r\n\r\n<span style=\"font-weight: 400;\">They were granted access from the 2021/22 financial year.</span>\r\n\r\n<span style=\"font-weight: 400;\">Asked about the statistics of teachers recorded in the National Register for Sex Offenders (NRSO), Justice and Correctional Services spokesperson Chrispin Phiri said all those convicted of committing sexual offences are recorded but not the specific professions of offenders.</span>\r\n\r\n<span style=\"font-weight: 400;\">However, he said the Department of Basic Education is currently vetting employees, particularly in school environments, against the NRSO.</span>\r\n\r\n<span style=\"font-weight: 400;\">The South African Council for Educators (SACE), a professional </span><a href=\"https://www.news24.com/citypress/News/recording-shows-how-sadtu-plots-to-crush-rival-unions-20200210?mobile=false\"><span style=\"font-weight: 400;\">council </span></a><span style=\"font-weight: 400;\">for teachers that aims to enhance the status of the teaching profession, tabled a presentation in 2023 indicating that it planned to embark on a research project to profile sexual offenders for the period 2019–2022.</span>\r\n\r\n<span style=\"font-weight: 400;\">SACE spokesperson Risuna Nkuna said the project is still ongoing and further details may be provided once the project has been concluded.</span>\r\n\r\n<span style=\"font-weight: 400;\">Nkuna said section 110 of the Children’s Act provides that any person, who on reasonable grounds suspects child abuse or maltreatment, has a legal duty to report such incidents.</span>\r\n\r\n<span style=\"font-weight: 400;\">“SACE has received reports from educators, be it school principals or fellow colleagues, reporting sexual abuse of learners. These cases are then investigated. SACE is not dealing with any case/s where an educator was suspended for reporting a colleague for being involved in sexual relationships with a learner,” Nkuna said. </span><b>DM</b>",
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