Outrage as teacher accused of raping daughter reinstated amid ongoing trial

The reinstatement of a teacher, accused of raping his own minor daughter over a period of four years, has sparked outrage among gender-based violence organisations as they, together with the Community Policing Forum (CPF), held a protest outside a Mitchell’s Plain high school where he works.

The teacher, who cannot be identified because he is the biological father of the victim who is now 15 years old and was seven when the alleged sexual assaults started in 2017 and lasted until 2021, has been reinstated despite his ongoing criminal trial and being out on bail.

He is currently making appearances at the Blue Downs Magistrate's Court. 

According to court papers, the teacher was granted bail of R1 000 in 2022 following his arrest when the case was registered with police in December 2021 by his estranged wife after his daughter broke her silence about the alleged sex attacks.

Separately, the teacher was found not guilty last month following a year-long the Education Labour Relations Council (ELRC) inquiry into two charges of sexual assault of a learner from another school and misconduct under the Labour Relations Act.

He was suspended in April 2024 when the ELRC inquiry began. 

Bernice Loxton of the ELRC shared the report and findings of the arbitration and inquiry with the Cape Argus.

According to the document, the ELRC inquiry, prompted by allegations of a teacher sexually assaulting a learner, and held sittings between April 2024 and March 2025. 

The mother reported the allegations in November 2022 to the ELRC, leading to his suspension in April 2024. A parallel criminal case is ongoing.

Despite the complainant and mother's testimony, the arbitrator found the teacher not guilty on the balance of probabilities, citing insufficient evidence to link him to the alleged abuse, even with expert testimony suggesting possible sexual abuse.

In the sensitive and shocking evidence concerning his daughter, the report reveals that the victim claimed that in one incident her father allegedly tied her hands with a rope and placed sellotape over her mouth and assaulted and raped her in a kitchen.

She also alleged that he threatened to kill her mother and brothers if she said anything. 

In response to the Cape Argus, Western Cape Education Department (WCED) spokesperson Bronagh Hammond confirmed the teacher was found not guilty in the arbitration matter.

"Due to the seriousness of the allegation, the WCED, as the employer, felt it had a duty to bring this case forward to safeguard the interests of the learner in terms of Section 28(2) of the SA Constitution and to bring this matter before the ELRC to ensure that the interests of the learner are protected at all costs," she said.

"The employee, however, was found not guilty of committing the acts of assault, and therefore not guilty of the charge of misconduct leveled against him by the WCED in terms of section 17(1)(b) of the Employment of Educators Act No 76 of 1998.

"The school was informed of the planned protest last week and had arranged for additional law enforcement to be present. A few protestors gathered at the gate of the school and did not affect teaching and learning.

"We believe that there is an ongoing criminal case that is pending."

The Cape Argus also approached the victim’s mother, who said she could not comment due to being a teacher herself.

Caroline Peters of the Callas Foundation, which advocates for the rights of women and children and provides psychosocial support, said they were deeply concerned that the teacher was placed back inside a classroom.

Peters, together with the Mitchell’s Plain CPF, the Mitchell’s Plain United Residents Association (MURA) and community members, held a protest outside the school grounds on Friday.

“The decision to reinstate an educator accused of sexual abuse while the criminal trial is still pending is deeply irresponsible and retraumatising, not only for the survivor and her family but for the broader school community,” she said.

“It sends a harmful message that allegations of this magnitude can be sidelined. We protested on Friday because our children deserve to be safe, and because justice must be seen to be done, not undermined by procedural shortcuts. We will continue our peaceful protest until this decision is reversed.”

Linda Jones of the Mitchell’s Plain CPF and MURA also joined the protest and told the Cape Argus that they called for the teacher to be suspended and that he apparently contravened his bail conditions.

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"With great shock and dismay, for some reason I don't understand how he could be reinstated," said Jones.

“The reason for that argument is the case is still pending and it is believed to go to trial on the 4th of July

“Our thinking would be that the department of education had to wait until the court of law found him innocent

“He is teaching at a school where there are more vulnerable children 

“We call for the  immediate suspension of this alleged perpetrator.

“And also that action be taken against whoever gave the greenlight on his reinstatement."

Cape Argus