Cape Town - A Phakama High School teacher in Philippi has been found not guilty after being accused of sexually assaulting a former Grade 12 pupil, and watching her peers half-naked in their dormitory during a camp last year.
The Education Labour Relations Council (ELRC) found the Grade 8 and 12 teacher not guilty on a balance of probabilities, and as such, no disciplinary sanction was imposed.
ELRC commissioner, Gail McEwan, said pupils had contradicting statements.
The five-day camp in Hout Bay in June 2022 was funded by the department of education to assist matrics with the final exams.
A pupil testified that she was leaving the kitchen with another pupil and the teacher was behind them.
That is when she alleged the teacher hit her buttock and she turned to look at him and saw he was looking back at her, but had walked on.
She claimed the other pupil had seen what had happened although she had been in front of her.
Once they returned to school the pupil reported the incident to a teacher who was not present at the camp and also told her parents who were called by the school.
The pupil explained that it was possible that the teacher had bumped her, but she felt that it had not been accidental.
McEwan said the other pupil who allegedly saw the incident was present at the proceedings, but refused to give any testimony.
During cross-examination the pupil allegedly changed her version.
The pupil had also claimed that the teacher entered their dormitory while they were getting dressed and watched for about 30 minutes.
She claimed to have hid behind a large fleece blanket to get dressed.
Two pupils also testified, one agreeing that the teacher entered the room.
They did not return for cross examination. Another pupil initially said the teacher never entered the female dormitory alone at any other time.
“I am faced with as many versions of what happened at the camp as there were witnesses, some refusing to answer questions and one being present but then refusing to give any testimony,” said McEwan.
The Western Cape Education Department spokesperson, Bronagh Hammond, said the department noted and accepted the ruling.
“We note the award contents which indicate that the complainant was inconsistent on the material aspects in relation to the incident and no corroboration existed.
“The witnesses refused to testify. The educator has not been suspended.
“All parties, including the victim, had indicated at the time that there was no risk. No criminal case was opened by the parents or victim,” she said.
Cape Times