Western Cape teacher dodges sexting scandal unscathed
Teacher cleared after arbitrator finds evidence unreliable.
Image: AI Generated
A Western Cape teacher accused of having a sexual relationship with a learner has been cleared of charges following an arbitration process, with an independent arbitrator finding the evidence against her was not credible or properly verified.
In the award issued by the Education Labour Relations Council, senior commissioner Retief Olivier found the teacher was not guilty of misconduct related to alleged sexual offences involving a learner at Emil Weder Secondary School in Genadendal.
The ruling followed a Section 188A inquiry conducted in terms of the Labour Relations Act.
The teacher faced two charges under the Employment of Educators Act, including allegations that she engaged in a relationship with a learner and sent inappropriate messages, referred to as 'sexting' in arbitration papers.
She denied the allegations.
The case, heard over multiple sittings between October 2024 and January 2026, relied heavily on alleged WhatsApp messages and social media posts presented as evidence.
However, the arbitrator found that the employer, the Western Cape Education Department (WCED), failed to prove the authenticity of this digital evidence.
“In this instance the employer made no attempt to provide any evidence as to the originality, the reliability, the integrity and authenticity of these WhatsApp messages and Facebook posts,” the award states.
The arbitrator also raised concerns about contradictions in witness testimony.
The complainant, a former learner, conceded during cross-examination that aspects of the allegations formed part of a “sick game”.
Ultimately, the arbitrator found that the employer had not met the required burden of proof.
“I find that the employer has not proven the charges against the employee,” the ruling states.
The teacher's suspension was lifted with immediate effect, and she is to return to her post without prejudice.
The WCED said: “The WCED will abide by the ruling.”
It added that oral evidence had been presented and that arguments were made regarding the authenticity of the digital material.
“We will strengthen the procedure where necessary, however each case [is] assessed on merit.”
It further said psychosocial support and intervention strategies would be implemented at district level where required.
The South African Democratic Teachers Union (Sadtu), which represented the teacher, was approached for comment but did not respond at the time of publication.