The ELRC ruled that he was unsuitable to work with children.
The Education Labour Relations Council (ELRC) has ruled that a Gauteng teacher must be dismissed after he allegedly raped a Grade 11 pupil at his home, while threatening her with a firearm.
The Gauteng Department of Education dragged the teacher before the ELRC, but he failed to attend his arbitration proceedings.
He faced three charges of misconduct: raping a pupil on 13 February 2025, pointing a firearm at her during the incident, and sending her sexually explicit WhatsApp messages.
The case had been referred for inquiry; however, the teacher ignored both the pre-hearing on 18 June and the scheduled hearing on 24 July at the department’s Johannesburg West District office in Florida.
It later emerged that he was not interested in attending the inquiry because his focus was on his criminal rape case arising from the same incident.
Rape victim’s testimony
The hearing went ahead in his absence.
The pupil testified that the teacher, who taught her isiZulu from Grades 8 to 10, grew close to her family because they shared the same surname.
He was even introduced to her father and regarded as an unrelated family.
According to the 16-year-old girl’s testimony, the teacher brought his daughter from KwaZulu-Natal (KZN) to live with him when schools reopened in January.
He persuaded the pupil’s parents to let her stay at his home too, claiming it was closer to school.
Once she moved in, the teacher imposed strict rules, including forbidding her from calling her parents in his absence or speaking to tenants on the property.
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On the night of the alleged rape, the teacher sent the pupil sexually suggestive WhatsApp messages around 11pm when she was studying.
Although he ordered her to delete them, she first took screenshots.
Later, while she was asleep in the room she shared with his daughter, the teacher allegedly dragged her to his bedroom.
She testified that when she resisted, he cocked a gun and threatened to shoot her if she screamed.
He then allegedly removed her pyjamas and raped her. Afte the ordeal, he ordered her to bathe and wash her clothes.
The next day, the teenager reported the incident to her parents, who took her to a doctor and opened a case with the police.
The school principal was informed on 16 February.
Family’s response
The teenager’s father broke down during proceedings, saying he regretted allowing his daughter to live with the teacher.
He also revealed that the victim’s mother discouraged her from pressing charges and appeared to side with the teacher.
The father claimed he suspected that the teacher had promised the mother “something”.
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The 16-year-old has since moved to live with her aunt and transferred to a new school.
The Gauteng Department of Education described the teacher’s actions as deliberate and predatory.
Comparing him to a predator, the department argued he was like a “hunting lion” who knew how to “scale, plan and prey on his victims”.
His behaviour, they said, was calculated and premeditated.
Arbitrator’s ruling
The ELRC arbitrator upheld all charges and ordered the teacher’s dismissal, stating it was necessary to send a strong message to the other employees.
“He can no longer be trusted around girl learners.
“His relationship with the employer is irretrievably broken; thus, he was suspended from the school as his behaviour was that of a sexual harasser or rapist,” she said in her ruling delivered on 6 August.
The arbitrator pointed out that, as the teacher had waived his right to present his case, the evidence before her stood unchallenged.
She also highlighted that the witnesses’ testimonies had no contradictions.
“There is a link between the messages and the sexual act. Therefore, he was the author of the messages.
“[The teacher] not only raped the learner but also threatened to shoot her if she screamed.
“Shame and lack of defence certainly are behind his snubbing this inquiry,” the arbitrator said.
“[His] attitude of refusing to attend this inquiry demonstrates a lack of remorse for this appalling and heinous offence.
“He displays brazenness with no regard to the outcome of these proceedings,” she added.
In addition, the arbitrator ruled that he was unsuitable to work with children.
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