No mercy for teacher who made unwanted advances to grade 8 pupils

A teacher in Mpumalanga who made unwanted sexual advances towards a number of his girl pupils last year has been dismissed with immediate effect.

This was a sanction meted by the arbitrator at the Education Labour Relations Council against Hope Mashamaite, who was a teacher at Rorobhani Secondary School in KwaMhlanga.

The Mpumalanga education department alleged Mashamaite committed misconduct in the form of sexual harassment against a number of Grade 8 pupils last year.

The department alleged that while standing near a ZoZo hut at school with pupil SS, Mashamaite proposed a love affair to her and told her that she was beautiful.

It was also alleged that during his economic management sciences (EMS) class, Mashamaite signalled to pupil BM by twitching his eye while she was looking at him.

The department also claimed that while in class, Mashamaite called pupil PM and brushed her uncomfortably on her cheek and/or chin.

It is also alleged while on his way to the staff room with pupil LK, Mashamaite told her that she must not be scared of him, that he loved her and that she must not undermine him.

Mashamaite denied all the allegations against him.

A pupil identified as SS testified under oath earlier this year, with the aid of an intermediary, that she was 14 and currently in Grade 9 and that Mashamaite taught her EMS in Grade 8 in 2024.

She testified that after the lesson, Mashamaite requested her to accompany him to another classroom and on the way, told her that she was beautiful.

When she was in class, another pupil called her at the request of Mashamaite. Mashamaite said they must date and when she told him that she was young, he said that he loved her and he would wait for her until she was in Grade 10.

She said Mashamaite told her that she would be hurting his feelings if she did not accept his proposal.

Under cross-examination, she stated that Mashamaite taught them very well. SS stated that if an adult had proposed love to her, she would tell her mother.

She attested she did not report the matter immediately because she thought that Mashamaite was joking. SS said she realised that the matter was serious when she was called to the office because some pupils suspected that there was something going on between her and Mashamaite.

In his award, arbitrator Themba Manganyi said Mashamaite, in his evidence, did not deal with the allegations levelled against him.

“During the cross-examination of the employer’s witnesses, Mr Mashamaite did not dispute the witnesses’ testimonies.”

Manganyi said on the allegation of winking at pupil BM, Mashamaite suggested that he could have been winking at the pupils that were seated behind her.

“This version does not in any way dispute that he winked. Even when he did not wink at Learner BM, it was still unacceptable to wink at the learners that were seated behind her,” Manganyi said.

Manganyi said Mashamaite did not dispute that he proposed love to pupil SS and that he told her that she was beautiful.

“He also did not dispute that he told learner LK that he loved her. He did not dispute that he brushed learner PM on her chin and hugged her uncomfortably.”

Manganyi said Mashamaite was advised at the start of proceedings that it was incumbent on him to assist his representative to put his version to the witnesses while they were still on the stand.

“He did not do as advised. He also did not refute any of the allegations during his evidence in chief,” Manganyi said.

In his cross-examination, Mashamaite concentrated on painting a picture that the pupils were angry at him because he reprimanded them.

Manganyi said it was true that two pupils conceded under cross-examination that they were angry at Mashamaite.

“However, they refuted the version that they reported these allegations because of the reprimands.”

Mashamaite also took issue a with the delay in reporting these allegations and he argued the pupils colluded against him.

“All these learner witnesses testified on what they knew and where they did not carry any first-hand knowledge of an incident, they did not hesitate to say so. I therefore find that the learners were credible and reliable as witnesses.”

Manganyi found Mashamaite guilty of contravening the Employment of Educators Act and the South African Council for Educators code of professional ethics.

The arbitrator said Mashamaite pleaded not guilty to all the allegations against him.

“Thus, he was not remorseful of his conduct. His conduct borders on sexual harassment and it is more worrying that it involved learners.”

Manganyi said it was his view that Mashamaite cannot be a candidate for rehabilitation considering that he did not comprehend the extent of his misconduct.

“I therefore find that dismissal is the only appropriate sanction under the circumstances and I hereby dismiss Mr Hope Mashamaite with immediate effect,” Manganyi said in an order dated July 21.

The arbitrator also found Mashamaite unsuitable to work with children in terms of the Children’s Act.