A principal at a secondary school in Vryheid, KwaZulu-Natal, was cleared from misconduct by the Education Labour Relations Council (ELRC) after a Grade 11 pupil claimed he sexually assaulted her at his office.
The Department of Education in KZN charged the principal with misconduct following allegations that he grabbed a Grade 11 pupil and forced to kiss her when she came to his office.
The principal denied the allegation and said there was conspiracy to get him fired.
The allegations came after SS (who can’t be named due to her age) told her friends that the principal tried to forcefully kiss her when she had gone to the office to discuss something about the Representative Council of Learners (RCL)
According to SS, on August 17 2022, she went to the principal’s office with her friend whom we will call A, because the principal had told her to remind him about the RCL meeting.
However, A was turned away by a teacher, who explained that RCL members were the only ones allowed to speak to the principal.
SS said she went to the principal’s office alone and waited for him.
When he arrived, they had a brief conversation about the RCL and when she tried to leave, the principal allegedly grabbed her and forcefully kissed her on the mouth.
She said she pushed him away with both hands and got out of the office.
After the incident, she told her friends, her teacher and parents.
The matter was brought before the RCL where it was heard by an arbitrator, Scelo Mkhize.
At the arbitration, SS disputed the principal’s version that she wanted him to be removed from his position. She stated that she had nothing to gain by removing him from his position.
Her mother, who was among the witnesses, testified that on August 18 2022 when SS came home, the learner was crying. When she asked what happened, SS told her about what happened at school the previous day.
SS told her her mother that she didn’t mention anything the previous day because she was not at home. She said she did not tell her grandmother, because she was very sensitive.
One of SS’s friends testified that she was not at the principal’s office when the alleged incident happened, but according to her, she knows that the principal touched another learner’s body, particularly her hands and ears.
A security guard at the school testified that in September 2021, he found SS in a Grade 10 classroom kissing a boy. He then escorted them to the principal’s office and left them there.
The principal told the arbitration that he believes that SS held a grudge against him stemming from this incident.
He further denied that he instructed SS and the boy to kiss each other in front of him after they were brought by the security guard.
He stated that he oriented both learners and made them understand how their conduct would be detrimental to their schooling. Additionally, he issued them a verbal warning.
He explained that he chose not to report the incident because, as principals, they also serve in the role of parents.
When making a decision, the arbitrator said there was no evidence to support SS’s version of events.
Mkhize said all witnesses were told by her what had actually happened, and their evidence remains hearsay evidence.
Mkhize added that he found the principal to be a reliable witness as he was bold and consistent in his version. He also stood his ground even during cross examination.
“He also testified that there was a conspiracy to get rid of him out of the school. In this regard he testified that the conspiracy was orchestrated by an educator at the same school. The Department of Education did not call (the educator) to refute these allegations.
“Therefore, in the absence of any other evidence corroborating the learner’s version, and in light of the probabilities and material contradiction in the learner’s version, I find the learner’s version unbelievable and highly improbable.
“The accused is not guilty of the charge that was levelled against him,” Mkhize said.
brenda.masilela@iol.co.za
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