Acquittal of South Peninsula High teachers raises concerns over sexual assault reporting

As a South Peninsula High School teacher and his brother, who is now retired, were acquitted of sexual assault charges relating to a learner more than 20 years ago, the Western Cape Education Department (WCED) is encouraging victims of abuse to report cases to their Safer Schools Call Centre.

Just weeks ago, the lawyer representing the current teacher, John Riley, successfully filed a Section 174 application to have the matter discharged.

A parallel case was opened against the teacher's brother, who was also a teacher at the same school, now retired, to which the court also discharged the matter.

The cases were brought by a former learner of the brothers, who claimed she was sexually assaulted by them between 2000 to 2003, while she was between the ages of 15 and 19 years old. 

The woman is now 40 years old and opened the cases in 2023, 20 years after she matriculated, claiming she had a "relationship" with both men while being a learner at the school. 

She claimed she had been manipulated because she was a minor.

The court cited a lack of evidence in the retired teacher's case, and that he had been out of the country at the time and therefore could not be complicit.

The defence team called for the Wynberg Regional Court to also acquit the current teacher on two charges of sexual assault, in that the State did not have enough evidence for a successful prosecution.

They also said the cases lacked credibility of a single witness, who claimed she was manipulated into a relationship as a minor.

They added that the victim herself had admitted she was in a relationship with a married man and that she was disappointed when the apparent relationship ended.

The current teacher claimed via his legal team that there was no relationship.

The defence also rejected claims via the victim that she had been coerced or forced into sexual acts or that she did not give consent and said she was of a consensual age when she turned 16 in October 2000.

The magistrate ruled that the State had brought no evidence to prove that the victim had not given consent, and found the woman’s own version leaned to a consensual affair while the current teacher was married and her teacher.

“I find the issue of consent had not been adequately covered, it cannot be said that consent was invalid,” the magistrate said in her judgment of the application.

“The accused (current teacher) is discharged on count one and count two.”

The woman, who spoke with the Cape Argus, said she felt as she if she was experiencing secondary trauma by the justice system.

"Why would I come forward after 25 years and go through all of this pain?

“I feel so confused, like I did something wrong by speaking out.”

Bronagh Hammond, spokesperson for the WCED, said they were aware of the cases.

“The WCED can confirm that one of the educators is still in our employ at the school. The other educator retired in 2023.

“This was a criminal case where it was reported that they were acquitted on charges."

In addition and not related to the matter, she added: “The WCED urges anyone who becomes aware of an incident of abuse or assault in a Western Cape school to report this immediately to SAPS and to our Safe Schools Call Centre on 0800 45 46 47 toll free for assistance.”

Luke Lamprecht, head of Women and Men Against Child Abuse  WMACA advocacy group, said they were horrified that two Section 174 applications that were granted to the brothers.

“One brother has retired from teaching, while the other is still in a teaching capacity.

"There should also have been a SA Council for Educators (SACE) and Department of Basic Education (DBE) hearings, which never occurred and need to happen.

“There is also a civil case to be made against the brothers, the school and potentially the DBE.

“We should live in a world where we should not have to teach children to say no to adults, the adults say no so the children never have to.”

Siya Monakali of Ilitha Labantu, an organisation that advocates for the rights of women and children, said grooming and manipulation by adults in positions of authority are not consensual relationships. 

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