The case centred on claims of inappropriate messaging involving two students.
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A Gauteng high school teacher accused of sexual harassment and grooming behaviour has been cleared of all charges, although his conduct was found to have crossed professional boundaries.
Gawie Visagie faced four allegations brought by the Gauteng Department of Education at the Education Labour Relations Council (ELRC).
The case centred on claims of inappropriate messaging and alleged physical contact involving two pupils.
Accused of sexual harassment
At the heart of the case were WhatsApp messages and interactions between Visagie and the pupils.
One pupil received messages in February 2025 that included the statements: “You know what sounds really good right now?” and “You and me together, together under the sheets where we’re cuddling each other so close because…. how much I love you, because I really do.”
Further communication in December 2025 included heart emojis, “hugs for you”, and a TikTok video referencing “good night kisses as being the best kind”.
Another pupil received messages between September and November 2024, including: “You are close to my heart, hugs, thinking of you.”
The pupil also accused the teacher of inappropriate physical contact, alleging he approached them from behind, held them around the waist, and touched them inappropriately.
ELRC proceedings
Both pupils described initially positive relationships with Visagie, portraying him as supportive and approachable in the classroom.
The first pupil testified that they sought his help with schoolwork and communicated with him regularly.
They said the tone of his messages later made them uncomfortable, as it did not reflect a healthy teacher-pupil relationship.
Under cross-examination, they acknowledged initiating some contact, including asking to meet him and expressing a desire for a hug “from someone”.
They described the two as close and indicated that they trusted him.
The second student similarly described feeling uncomfortable with the messages, but stated that they continued responding because they feared it might affect their academic performance.
Their allegations extended beyond messaging.
They described incidents during a school trip, including discomfort over sleeping arrangements, alleged inappropriate touching during a swimming activity, and further contact during a group photograph.
They also recounted a conversation about Valentine’s Day, saying the teacher joked about accompanying them and responded that their date was “lucky”.
The student added that their association with the teacher led to bullying by other pupils.
Gauteng education department alleges grooming pattern
The Gauteng Department of Education argued that the teacher’s conduct constituted grooming behaviour.
According to the provincial department, Visagie cultivated close relationships with pupils by offering special attention, emotional support, gifts, and frequent communication outside of “educational purposes”.
They maintained that this conduct went beyond acceptable professional boundaries and constituted sexual misconduct.
Teacher rejects claims
Visagie denied all allegations of sexual harassment and grooming.
While conceding that his communication may have been unprofessional, he maintained there was no inappropriate intent.
He described his approach as supportive and maintained that he was responding to pupils in a friendly manner.
He also denied claims of physical misconduct.
Addressing other evidence, he confirmed sending one of the students a video of his new apartment but explained that it was shared only after they showed interest.
Visagie further argued that the case focused on undermining his character rather than proving the specific allegations.
He suggested similarities in the pupils’ testimonies pointed to possible influence.
A third pupil testified in support of the teacher, disputing key aspects of the pool incident.
That student said they observed the teacher swimming with a group, while the other student was seated elsewhere and added that they had never felt uncomfortable or unsafe around him.
Misconduct and poor judgment
Arbitrator Mark Andrew Hawyes ultimately found that the evidence did not meet the standard required to prove sexual harassment.
“The messages may well demonstrate poor boundaries, emotional over-involvement, over-familiarity, and unprofessional conduct.
“However, such conduct is not necessarily equivalent to sexual harassment or grooming. An educator may be guilty of boundary violations without being guilty of sexual misconduct,” the ruling reads.
On the issue of physical contact, Hawyes stated: “The evidence establishes that the complainant felt uncomfortable, and that is significant.
“However, discomfort alone does not necessarily establish sexual harassment. A finding of sexual harassment requires more than proof that physical contact occurred.”
Although Visagie was found not guilty on all four charges, the ruling emphasised that his behaviour was “inappropriate and ill-advised”.
