Teacher dismissed for sexual harassment after denying smacking Grade 8 pupil’s bums

A Gauteng high school teacher has been found guilty of sexual assault and harassment of multiple Grade 8 students and dismissed from his position following a lengthy arbitration process that concluded in May 2025.

Lindokuhle Siwela, a natural science teacher at Kensington High School, was found guilty on multiple charges of sexual misconduct involving several schoolgirls in 2023.

Education Labour Relations Council arbitrator Themba Manganyi ruled that Siwela was unsuitable to work with children and ordered his dismissal as the mandatory sanction.

The arbitrator also declared that Siwela be registered as unsuitable to work with children in terms of the Children’s Act, effectively barring him from any future employment involving minors.

Pattern of misconduct targeting Grade 8 students

The charges against Siwela involved a disturbing pattern of behaviour targeting Grade 8D students throughout 2023.

The allegations included multiple instances of sexual assault through inappropriate touching, sexual harassment through inappropriate comments and questions, and intimidation of victims who threatened to report him.

According to testimony by pupils, Siwela’s misconduct extended beyond physical assault to include a system of awarding academic marks based on students’ physical appearance rather than their academic performance.

Learner ZY testified that during a periodic table project, Siwela “would allocate them marks based on their body shape”.

She recounted how when asked how many marks she deserved, she said 15 out of 20, “but he said she deserved 18 out of 20 because she was beautiful”.

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Students testify about harassment

Multiple students provided testimony detailing Siwela’s inappropriate behavior during the 2023 academic year.

The students, whose identities were protected during proceedings, described a pattern of unwanted physical contact, inappropriate sexual comments and threats when they attempted to seek help.

Learner AM testified about an incident in which she and another student called Siwela for help with a project.

“Mr Siwela approached them from behind and put his hands around their necks and he held their breasts,” the arbitrator’s report said. When questioned about his actions, Siwela allegedly responded that “he would make them fail”.

The same student testified that Siwela told her “she must date him and that he would take good care of her and that she should stop sleeping with young boys.”

Learner SK, who served as a representative council member, testified about particularly disturbing incidents including Siwela’s refusal to allow her to use the toilet during menstruation unless she proved her condition to him.

“Mr Siwela refused and said that she must undress so that he could see for himself,” according to her testimony.

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Threats and intimidation tactics

Central to the case was evidence that Siwela used his position of authority to intimidate students who might report his behaviour.

Multiple witnesses testified that he threatened academic retaliation against students who spoke out.

SK testified that Siwela “threatened her that if she reported him for sexual harassment, he would make sure that she did not write matric”.

Similarly, testimony revealed that Siwela told another student “he would make her life miserable and that he would make her fail” when she indicated she might report him.

The arbitrator noted that students initially delayed reporting the incidents “because Mr Siwela threatened them”.

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Teacher’s defence collapses under scrutiny

During the proceedings, which spanned multiple hearing dates from August 2024 to March 2025, Siwela pleaded not guilty to all charges but offered what the arbitrator characterised as merely “bare denial” of the allegations.

Siwela’s testimony was marked by contradictions and admissions that undermined his defence.

He conceded that he “touched learners when he was interacting with them during teaching and learning” but denied inappropriate intent.

Regarding specific allegations, Siwela’s responses were evasive.

On one charge of sexual assault, he stated he “had nothing to say about allegation 1 as he was not sure whether it happened in full view of the class or somewhere else”.

The arbitrator noted that Siwela “conceded that he could have touched her bum when moving in between the rows, but denied that he smacked her” and admitted that “allegation 12 could be true because he used to compliment learners who wore full uniform”.

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Arbitrator finds evidence overwhelming

Manganyi found the students’ testimony credible and consistent, noting that “all the learners that testified in these proceedings gave a first-hand account of what they knew and they were consistent even during cross-examination”.

The arbitrator was particularly critical of Siwela’s defence strategy, noting that “there was no version that was put to them during cross-examination” and that key elements of Siwela’s own testimony contradicted his defence.

Manganyi dismissed Siwela’s claims that the students were disruptive and had fabricated the allegations, pointing out that no evidence was presented of any disciplinary action taken against the student witnesses.

The arbitrator noted that “these learners were in their first year in high school and the reception that they got from Mr Siwela is very appalling to say the least”.

“The evidence that the learners gave was corroborative, consistent and not rehearsed, contrary to Mr Siwela’s arguments,” the arbitrator concluded.

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Mandatory dismissal and future restrictions

The arbitrator determined that dismissal was the mandatory sanction given the nature of the violations under the Employment of Educators Act.

Manganyi found Siwela to be “an unsuitable candidate for corrective discipline as he never showed any remorse for his actions”.

The ruling emphasised the breach of trust inherent in Siwela’s position: “It is common cause that Mr Siwela was entrusted with the care of children and that it was expected of him to act with the utmost good faith in his conduct towards learners as society must be able to trust him as an educator unconditionally with children.”

The ruling also requires notification to the South African Council of Educators regarding breaches of professional ethics.

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