Teacher fired for kissing pupil, asking her to touch his genitals

An Eastern Cape high school teacher in South Africa who sexually assaulted a pupil has been fired and ordered to never work with children again, despite a plea from his representatives at his hearing that he rather be given counselling and moved to another school instead.

Ayanda Fani from the Zweliyandila High School was fired for asking a grade 12 pupil to go to the toilet where he kissed her and forced her to touch his private parts.

According to the Education Labour Relations Council (ELRC) commissioner Malusi Mbuli, Fani pleaded guilty to the allegations and the matter was finalised on June 27.

"The employee, Ayanda Fani, is dismissed with immediate effect, without notice. The provincial department of education of the Eastern Cape must inform Ayanda Fani of his dismissal," Mbuli said.

Mbuli said the sexual misconduct charge by a teacher against a pupil was serious and when proven, undermined and compromised the co-business of the department of education.

"The acts of misconduct committed by the employee in the context of his employment renders the employment relationship involving learners intolerable. This type of misconduct is also expressly prohibited by the employer. In this matter, the interests of the employer and learners far outweigh those of the employee. The employee representative has argued that the employee by pleading guilty was remorseful and took responsibility for what happened."

Mbuli said Fani's those who represented Fani at the hearing had recommended that he be warned, subjected to ongoing counselling, removed from Zweliyandila high and placed at another school.

"These transgressions are not only acts of misconduct but they also go against the spirit of the constitution of the Republic of SA.

"I found that it is not in the interest of children/learners to keep the employee in an environment where he has to interact with learners.

"From his transgressions that have been proved, the employee cannot be trusted to work in the school environment where there are learners. The employer and learners will suffer severe prejudice if this wrongdoing can be condoned and that discipline has to be applied consistently. The employee, Mr Ayanda Fani, is found guilty of the allegations against him."

Mbuli ordered the council's general secretary to send a copy of the arbitration award to the South African Council of Educators to revoke Fani's certificate. He also ordered that his name be entered into the National Child Protection Register.