This is according to the Education Labour Relations Council (ELRC) after dismissing a teacher who pleaded guilty to sexually assaulting a Welkom Secondary school pupil in November 2018. The Free State Department of Education said the teacher failed to provide parental care and had failed to set an example as an educator.

It was found that the teacher, MA Fokwebe, "... hugged the learner, grabbed her hard and kissed [her] with [an] open mouth twice on her lips at Welkom Secondary school".

The department said Fokwebe had violated professional conduct. Still, because he had shown remorse by pleading guilty to the charge, an appropriate sanction would be a final written warning and three months suspension from work without pay.

However, ELRC commissioner Khuduga Tlale said Fokwebe's conduct amounted to abuse of a sexual nature committed against a pupil and, therefore, he should be "summarily dismissed".

"I have considered the totality of circumstances to decide whether dismissal would be a fair and appropriate sanction if it was not mandatory.

"It is important to note that sexual assault on a learner is a standard that should not be breached and that [the] conduct was unwelcome and unwarranted," Tlale said.

He added: "This kind of conduct is not acceptable within an educator and learner context, particularly [in] that an educator holds the balance of power in such a relationship. Educators have a positive duty to ensure that learners are educated in a safe environment. The environment must be free from harassment of any nature but particularly harassment or assault of a sexual nature. Parents entrust their children for safekeeping at school.

"Educators take the role and responsibilities of parents while at school. Viewed against this background, the educator's conduct is viewed in an extremely serious light and is in contradiction of relevant legislation, and legislation prohibits such conduct.

"The fact that no previous incidents on record [were] provided during the proceeding, does not necessarily mean that his conduct will not be repeated. In tribunals of this nature, consideration of the best interests of children is paramount.

"My finding is aimed at the protection of children and, in particular, vulnerable young girls," said Tlale.

News24