Forest Heights teacher found guilty of misconduct and sexual abuse
A Western Cape teacher has been dismissed after an ELRC arbitration ruling found him guilty of sexual assault and misconduct involving a Grade 12 learner, with earlier complaints also noted in the findings.
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A Forest Heights Secondary School teacher has been axed after an arbitration ruling found him guilty of misconduct for sexually abusing a Grade 12 learner, with the case raising concerns about how earlier complaints were handled.
According to the arbitration award, issued by the Education Labour Relations Council, the incidents took place at the Eersteriver school in the third or fourth term of 2025, when he allegedly sexually abused the learner by touching her buttocks and /or waist.
In a second charge, Cornwell Joseph was accused of inappropriate comments, including telling her “your body is beautiful” and asking for her number to discuss a “relationship”.
Joseph pleaded not guilty to the allegations.
However, arbitrator Arthi Singh-Bhoopchand found the learner’s evidence to be “clear, consistent and steadfast”.
"She testified that she was on her way to class one Monday morning after break.
"She was limping at the time as she had sustained an injury to her foot.
"Given that she walked much slower than the rest of the crowd, she did not want to hold up the movement of the learners, so she walked aside close to the wall to allow learners to pass freely.
"Mr Joseph came up behind her, and while making as if he was moving her out of the way to pass, he touched her buttocks.
"She responded by swearing at him. She did not report the incident because she was shocked and she was trying to process what had happened," read the arbitration award.
"She also testified about incidents where Mr Joseph made inappropriate comments. He made such comments often.
"In one specific instance while she and her friend were standing in front of a classroom at the S-Block, Mr Joseph who was in the vicinity came to stand near them.
"He then said to her, ‘Your body is beautiful, you more prettier than you were before. Can I have your number. I want us to speak about us and our relationship.’
"He made similar comments often. She did not report what he said to her on that day, but when he started touching her, she reported him," the document read.
The arbitrator found that “it is improbable that a well-disciplined learner would swear at an educator for no reason”, concluding that her reaction was “triggered by an unwarranted and unwanted event”.
Joseph’s version was found to be “an unconvincing bare denial”.
He testified that there was no space for him to pass through the crowd of girls, so he asked to make space for him to pass.
He denied that he touched her, and he also denied saying the words in Charge 2.
A fellow learner corroborated aspects of the complaint, including that the teacher asked for the learner’s number to discuss a “relationship”.
The ruling found Joseph guilty.
“Dismissal is the statutory sanction,” the arbitrator said.
The award further references complaints from other learners alleging similar conduct prior, but the parents did not want to take the matter further as they did not want to put their learners through the further trauma of having to testify.
The arbitrator found it unlikely that multiple learners would fabricate similar allegations against the same educator.
Western Cape Education Department spokesperson Bronagh Hammond said the department first became aware of the matter on September 5, 2025.
“The educator was suspended as a precautionary measure and an investigation was initiated,” she said.
Hammond said the department’s Employee Relations unit had not received earlier complaints.
“The WCED Employee Relations first received reports on 5 September 2025,” she said.
She said the department has a “policy of zero tolerance in terms of abuse” and that “all matters referred to us are investigated”.
“We welcome the award in this regard,” Hammond said.
Joseph’s representative, Allister Timmet of the South African Democratic Teachers’ Union, disputed the outcome.
“This was really a difficult case to handle,” he said. “I still believe that justice was not served.”
“I had a witness who was with my client and he gave the same version,” Timmet said.
“This man never had a single case against him in the three years that he taught at the school,” he said.
He said he believed the allegations were weak and that the process was unfair to his client.
"This case was in the magistrate court also and my client was found not guilty due to the lack of evidence as well as the credibility of the witnesses.
"They had no case. I believe my client was found guilty by a female commissioner just because he was a male and she wanted to believe the girls version."
The matter is to be referred to the Department of Social Development and the South African Council for Educators.
Siyabulela Monakali of Ilitha Labantu said: “This points to a failure to act on early warning signs. Children do not report abuse easily. When these early disclosures are not taken seriously or are not acted upon, it discourages further reporting and allows harm to continue."