The principal of Magwagwaza High School, Godfrey Mhaleni, was dismissed after the Education Labour Relations Council (ELRC) found him guilty of misconduct involving a learner.

The ELRC is a statutory bargaining council that promotes labour peace in South Africa’s public education sector by facilitating negotiations, resolving disputes, and developing collective agreements.

According to the ELRC arbitration award, dated March 24, Mhaleni was dismissed with immediate effect.

“I find on a balance of probabilities that the employee contravened the provisions of Section 18(1)(q) of the Employment of Educators Act, and that his conduct was improper, disgraceful and unacceptable. I therefore find the employee guilty of all allegations levelled against him,” reads the award signed on behalf of the ELRC general secretary.

It further states that Section 17(1)(c) of the Act requires dismissal if an educator is found guilty of engaging in a sexual relationship with a learner at the same school.

The award noted that Mhaleni showed no remorse during the hearing, although it considered that he had no prior offences of a similar nature.

“Despite this, there are cases so serious that mitigating factors such as length of service and a clean record cannot prevent dismissal. The sanction of dismissal is commensurate with the offence,” the award states.

When contacted for comment, Mhaleni said he accepted the outcome but described the emotional toll it has taken on him.

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“I am under serious stress after losing my job. I have lost many things because of this matter,” he said in a WhatsApp message.

Meanwhile, the Mpumalanga Department of Education (DoE) welcomed the dismissal.

“The verdict is a significant step towards accountability and reinforces our zero-tolerance policy. Such conduct breaches trust and undermines the integrity of our education system,” said DoE spokesperson Gerald Sambo.

“The DoE remains dedicated to fostering an environment where all learners can thrive free from harassment and exploitation. We will continue to take decisive action against any violations of our policies, ensuring that the trust placed in our educators is upheld.”

He said the department initially placed Mhaleni on precautionary suspension following the allegations of sexual misconduct.

“The safety and well-being of our learners remains paramount, and we are committed to ensuring that educational environments remain safe and nurturing,” said Sambo.

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He said the DoE introduced the protocol for the management and reporting of sexual abuse and harassment in schools.

“This standardised national framework establishes a safe, caring, and protective environment by providing guidance on identifying, reporting and managing incidents. It assists schools in supporting victims, managing perpetrators, and complying with legal obligations.”