Education
- Whether financial claims against teachers found guilty of the sexual assault of learners have increased in the current financial year; if so, what are the relevant details;
- (a) what is the financial liability for the current financial year of claims against his Department and (b) what is the financial liability for the current financial year of teachers found guilty of the sexual assault of learners;
- whether teachers found guilty of sexual assault are allowed to continue to work as teachers; if so, why?
5. My department has informed me of the following:
(1) No.
(2) (a) The total contingent liability for the current financial year, from 1 April 2022 to 30 November 2022, is R12 090 272.46.
(b) Zero.
(3) If an educator allegedly commits an act of sexual assault, they are charged in terms of section 17(b) of the Employment of Educators Act, 1998 (hereinafter referred to as the Act). If found guilty, dismissal is peremptory in terms of the law.
The re-employment of former educators dismissed for misconduct is governed in terms of Regulations that were gazetted on 9 April 2021 in terms of section 35 of the Act. In terms of Regulations 6(3) there is an indefinite period of prohibition for re-employment of former educators dismissed on sexual assault charges. A block is also placed on the Personnel and Salary system (PERSAL) that prevents educators from coming back into the system.
All educators dismissed on sexual assault charges are reported to the South African Council for Educators (SACE) in terms of section 26 of the Act. If struck off the register kept by SACE, such an educator is not allowed to teach in a public or independent school.
