Latest news with #SouthAfricanCouncilforEducators
The Citizen
14-06-2025
- General
- The Citizen
Local teacher crowned 3rd best Life Skills teacher in KZN
Local teacher at Harpo Primary School, Ayanda Kubheka, had the privilege of attending a South African Council for Educators (SACE) Teacher-Based Research Colloquium. SACE's aim is to regulate and professionalise the profession of teaching. Kubheka was invited to encourage as well as motivate educators as he was crowned third best Life Orientation teacher in KZN. Kubheka shared 'good practices' during the Colloquium, where the attendees included student teachers from Wits and the University of Johannesburg. The feedback was positive and the contributions from the audience were humbling. A number of speakers took the stage, including SACE CEO Ma Ella Mokgalane, Mr Simelane (who is a curriculum specialist from uMgungundlovu District) and others. The presentations focused on the SACE code of professional ethics and standards, the importance of twinning for schools, and the life of students and teachers. Immediately upon return from the Colloquium, Kubheka was once again invited by Zululand District director Mr Ndlovu to attend the District Merit Awards ceremony, where he received a certificate and trophy for being the third most excellent Life Skills educator in the province. Kubheka continues to encourage and inspire educators, especially Life Orientation teachers, to continue believing in the power of knowledge and the subject itself. Kubheka concluded by quoting Martin Luther King Jr: 'A man who has not discovered something to die for, he is not fit to live'. ALSO READ: Sibusiso Thabete's star to rise in Dubai for Best Teacher Award The news provided to you in this link comes to you from the editorial staff of the Vryheid Herald, a sold newspaper distributed in the Vryheid area. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The Citizen
04-06-2025
- Politics
- The Citizen
Nearly 3% of school staff flagged for criminal activity
Despite being slightly lower than the previous year, the statistics still indicate that 1 in every 34 school employees had a criminal record. Almost 3% of South African school staff screened for employment between March 2024 and February 2025 were flagged for criminal activity. This is according to new data released by TPN, a leading provider of background screening services. The figures raise serious questions about the rigour of vetting procedures in schools and come as the Department of Justice pushes for phased public access to the National Register for Sex Offenders (NRSO). 'Between March 2024 and February 2025, 2.95% of school staff screened through TPN's systems were flagged for possible illicit activity,' said Ashleigh Laurent, Legal Counsel at TPN. 'This includes not just educators, but also grounds staff, temporary hires, coaches, and others in contact with minors. While slightly lower than the 3.08% recorded the previous year, the statistic still means that 1 in every 34 individuals working at schools had a criminal record. Convictions include assault, theft, and murder Of those flagged, 1.22% had criminal records related to abuse or sexual offences, a decrease from 2.63% in 2022, but still alarming. 'Theft emerged as the most prevalent crime, accounting for 18.29% of all convictions,' Laurent said. 43.9% of those with criminal records were convicted of serious offences such as: Assault (23.17%) Drug trafficking (12.2%) Housebreaking (3.66%) and Murder (2.44%) 'While there were no recorded convictions or pending trials for rape or child neglect between 2023 and 2025, over 1.06% of school employees screened are currently awaiting trial, a reminder that pre-employment checks must extend beyond convictions,' she said. ALSO READ: Gauteng education announces 2026 school admission dates: Here is what you need Assault and theft top the list According to Laurent, the TPN tracked the Case Awaiting Trial (CAT) indicators, revealing that 1.06% of school staff screened in the 2024–2025 period are facing legal proceedings. The most common charges pending court proceedings include: Road traffic violations (30.56%) Assault (19.44%) Theft (15%) Reckless driving (5.56%) Malicious damage to property (2.78%) 'While these individuals have not yet been found guilty, the nature of the allegations still raises cause for concern,' Laurent added. ALSO READ: Department scrambles to fix curriculum chaos at Gauteng school after delayed start Schools face legal duties in vetting staff Despite delays in fully opening the NRSO due to confidentiality laws under the Sexual Offences and Related Matters Amendment Act (SORMAA), schools remain legally obligated to screen all staff using the NRSO and Part B of the National Child Protection Register. 'Failure to comply could result in criminal or civil liability and long-term reputational damage,' Laurent warned. According to Laurent, teachers registering with the South African Council for Educators (SACE) must submit a police clearance certificate that is no older than six months. The SACE Code of Professional Ethics enforces conduct standards and disciplinary processes. SORMAA also places responsibility on individuals to disclose past sexual offence convictions. 'An employee in the employ of an employer, who is or was convicted of a sexual offence against vulnerable persons, irrespective of whether or not such offence was committed or allegedly committed during the course of his or her employment, must without delay disclose such conviction or finding to his or her employer,' SORMAA ALSO READ: No party favourites: Minister defends appointment of Mantashe's son to Seta board Early intervention critical According to TPN, the decline in sexual offence-related convictions suggests that improved screening is beginning to take effect. However, even small percentages represent significant risks when children are involved. 'The protection of children cannot be compromised,' Laurent said. NOW READ: 'Looting using matric papers': Why did NW printing job price jump by around R100m?
TimesLIVE
24-04-2025
- Politics
- TimesLIVE
Sexual predators at school: why the law fails to protect children from teachers
Schools should be a safe environment, a place of learning where children can develop their potential. In South Africa, many public schools aren't like this. Instead they are hothouses for teachers' poor performance, financial mismanagement, assault and sexual misconduct. When cases of misconduct in schools emerge, they tend to follow the same pattern: public outcry, media involvement and political promises. What often follows is inaction. Teachers are not always held accountable. One reason is a fragmented legislative framework applicable to teachers. This can be explained using sexual misconduct as an example. As a labour law researcher, I analysed legislation, statistics and 137 arbitration awards involving teachers and found fragmentation in legislation results in a lack of co-ordination between key role players on two levels. First, in preventing sexual misconduct by teachers at schools, and second, in addressing it once it has occurred. The lack of co-ordinated legal obligations means it's left to a few diligent role players in the education system to ensure prospective teachers are suitable to work with children and to pursue discipline in the case of sexual misconduct. Key role players The South African Council for Educators is the professional body in education responsible for maintaining ethical and professional standards. All teachers in South Africa must be registered with the council. Their continued registration depends on their conduct. Anyone is allowed to lodge a complaint against a teacher. If a teacher seriously breaches the code of professional ethics their name can be removed from the register. The effect is that they are prohibited from working at any school in the country (provided their prospective employer checks their registration status). On the other hand, the relevant provincial department of education (employer) is responsible for dealing with teacher misconduct in terms of the Employment of Educators Act. This may attract a number of sanctions, including dismissal. Sexual misconduct is a breach of the code of professional ethics and it is also misconduct in an employment sense. This means the roles of the council and of the department overlap The Council for Educators Act applies to all teachers, whereas the Employment of Educators Act applies only to those employed by the department. The general rules of the Labour Relations Act apply to the employment of teachers appointed by school governing bodies. Sexual misconduct is a breach of the code of professional ethics and it is also misconduct in an employment sense. This means the roles of the council and of the department overlap. But there are gaps which have implications for the safety of pupils. For example, in the Dempers case, a teacher with a history of assault, who had received sanctions short of dismissal, was eventually dismissed for serious assault. His dismissal did not remove him from the school system because he secured a governing body position at a different school. This raises questions about whether the council and the department have statutory obligations to exchange information and whether they should both have to 'vet' teachers before registration and employment. Preventing sexual misconduct There are other laws that establish lists of names of people against whom children must be protected. The Children's Act establishes the National Child Protection Register. The Criminal Law (Sexual Offences and Related Matters) Amendment Act establishes the National Register for Sex Offenders. The sex offenders register lists people convicted of sexual offences. but it is currently (and controversially) not publicly available. The child protection register throws the net broader to include people unsuitable to work with children. Evidence is needed, but a conviction is not required. Still, this register is underused. Different pieces of legislation regulate the employment and registration of teachers. Further legislation provides registers that have the potential to protect children. A lack of co-ordination means information important for the safety of children can be missed. For example, a police clearance certificate will not indicate whether the person is listed on the child protection register. The solution, I suggest, is to amend legislation to include clearly defined obligations on key role players. It should also include cross references between the different pieces of legislation. The sexual offenders register should be made public and the child protection register should be used better. Obstacles to accountability Education legislation requires that the council and department share information, but there are gaps in accountability. First, a teacher who resigns after sexual misconduct will not trigger the reporting obligations in the Council for Educators Act and Employment of Educators Act. It will also not trigger the regulations that prohibit dismissed teachers from future employment at public schools. Second, where teachers are charged with sexual misconduct they are not always placed on precautionary suspension pending an investigation. The effect is the pupil continues to face the perpetrator who continues to have contact with children. Third, even when a teacher is suspended, disciplinary proceedings tend to take a long time. Between 2014 and 2022, the average time teachers were suspended in the Eastern Cape was 208 days. This is despite legislation prescribing a maximum suspension period of 90 days. Last, presiding officers at internal disciplinary inquiries are not allowed to make findings on the suitability of teachers to continue working with children (as it is not a forum recognised by the Children's Act). In other words, the names of teachers dismissed after serious misconduct will not be in the child protection register. Solutions There has been some progress. A collective agreement at the Education Labour Relations Council (bargaining council) signed in 2018 requires an 'inquiry by arbitrator' in the case of any form of sexual misconduct. This means the internal disciplinary inquiry is replaced by a so-called pre-dismissal arbitration, presided over by an Education Labour Relations Council panellist with experience in dealing with sexual misconduct. This is a forum recognised by the Children's Act, so panellists may make findings on the suitability of teachers to continue working with children. The removal of teachers' names from the register may also be recommended to the council. Cross-departmental, legal, administrative and bureaucratic processes obstruct the flow of information in the school system The collective agreement has, to an extent, integrated different pieces of legislation, but its effectiveness relies on adequate reporting. More needs to be done in other areas. First, that a teacher who resigns after sexual misconduct will not trigger the reporting obligations in the Council for Educators Act and Educators Act nor the regulations that prohibit dismissed educators from future employment at public schools needs to be fixed. This gap can be addressed if the department finalises disciplinary action during the teacher's notice period. The department should also lodge a complaint with the council to pursue disciplinary steps (which is not dependent on an employment relationship). Cross-departmental, legal, administrative and bureaucratic processes obstruct the flow of information in the school system. Last, teachers should be subject to the same rules and a legislative obligation should be placed on authorities to check teachers' suitability before employment at schools or registration by the council.
TimesLIVE
24-04-2025
- Politics
- TimesLIVE
Sexual predators at school: why the law is failing to protect children from teachers
Schools should be a safe environment, a place of learning where children can develop their potential. In South Africa, many public schools aren't like this. Instead they are hothouses for teachers' poor performance, financial mismanagement, assault and sexual misconduct. When cases of misconduct in schools emerge, they tend to follow the same pattern: public outcry, media involvement and political promises. What often follows is inaction. Teachers are not always held accountable. One reason is a fragmented legislative framework applicable to teachers. This can be explained using sexual misconduct as an example. As a labour law researcher, I analysed legislation, statistics and 137 arbitration awards involving teachers and found fragmentation in legislation results in a lack of co-ordination between key role players on two levels. First, in preventing sexual misconduct by teachers at schools, and second, in addressing it once it has occurred. The lack of co-ordinated legal obligations means it's left to a few diligent role players in the education system to ensure prospective teachers are suitable to work with children and to pursue discipline in the case of sexual misconduct. Key role players The South African Council for Educators is the professional body in education responsible for maintaining ethical and professional standards. All teachers in South Africa must be registered with the council. Their continued registration depends on their conduct. Anyone is allowed to lodge a complaint against a teacher. If a teacher seriously breaches the code of professional ethics their name can be removed from the register. The effect is that they are prohibited from working at any school in the country (provided their prospective employer checks their registration status). On the other hand, the relevant provincial department of education (employer) is responsible for dealing with teacher misconduct in terms of the Employment of Educators Act. This may attract a number of sanctions, including dismissal. The Council for Educators Act applies to all teachers, whereas the Employment of Educators Act applies only to those employed by the department. The general rules of the Labour Relations Act apply to the employment of teachers appointed by school governing bodies. Sexual misconduct is a breach of the code of professional ethics and it is also misconduct in an employment sense. This means the roles of the council and of the department overlap. But there are gaps which have implications for the safety of pupils. For example, in the Dempers case, a teacher with a history of assault, who had received sanctions short of dismissal, was eventually dismissed for serious assault. His dismissal did not remove him from the school system because he secured a governing body position at a different school. This raises questions about whether the council and the department have statutory obligations to exchange information and whether they should both have to 'vet' teachers before registration and employment. Preventing sexual misconduct There are other laws that establish lists of names of people against whom children must be protected. The Children's Act establishes the National Child Protection Register. The Criminal Law (Sexual Offences and Related Matters) Amendment Act establishes the National Register for Sex Offenders. The sex offenders register lists people convicted of sexual offences. but it is currently (and controversially) not publicly available. The child protection register throws the net broader to include people unsuitable to work with children. Evidence is needed, but a conviction is not required. Still, this register is underused. Different pieces of legislation regulate the employment and registration of teachers. Further legislation provides registers that have the potential to protect children. A lack of co-ordination means information important for the safety of children can be missed. For example, a police clearance certificate will not indicate whether the person is listed on the child protection register. The solution, I suggest, is to amend legislation to include clearly defined obligations on key role players. It should also include cross references between the different pieces of legislation. The sexual offenders register should be made public and the child protection register should be used better. Obstacles to accountability Education legislation requires that the council and department share information, but there are gaps in accountability. First, a teacher who resigns after sexual misconduct will not trigger the reporting obligations in the Council for Educators Act and Employment of Educators Act. It will also not trigger the regulations that prohibit dismissed teachers from future employment at public schools. Second, where teachers are charged with sexual misconduct they are not always placed on precautionary suspension pending an investigation. The effect is the pupil continues to face the perpetrator who continues to have contact with children. Third, even when a teacher is suspended, disciplinary proceedings tend to take a long time. Between 2014 and 2022, the average time teachers were suspended in the Eastern Cape was 208 days. This is despite legislation prescribing a maximum suspension period of 90 days. Last, presiding officers at internal disciplinary inquiries are not allowed to make findings on the suitability of teachers to continue working with children (as it is not a forum recognised by the Children's Act). In other words, the names of teachers dismissed after serious misconduct will not be in the child protection register. Solutions There has been some progress. A collective agreement at the Education Labour Relations Council (bargaining council) signed in 2018 requires an 'inquiry by arbitrator' in the case of any form of sexual misconduct. This means the internal disciplinary inquiry is replaced by a so-called pre-dismissal arbitration, presided over by an Education Labour Relations Council panellist with experience in dealing with sexual misconduct. This is a forum recognised by the Children's Act, so panellists may make findings on the suitability of teachers to continue working with children. The removal of teachers' names from the register may also be recommended to the council. The collective agreement has, to an extent, integrated different pieces of legislation, but its effectiveness relies on adequate reporting. More needs to be done in other areas. First, that a teacher who resigns after sexual misconduct will not trigger the reporting obligations in the Council for Educators Act and Educators Act nor the regulations that prohibit dismissed educators from future employment at public schools needs to be fixed. This gap can be addressed if the department finalises disciplinary action during the teacher's notice period. The department should also lodge a complaint with the council to pursue disciplinary steps (which is not dependent on an employment relationship). Cross-departmental, legal, administrative and bureaucratic processes obstruct the flow of information in the school system. Last, teachers should be subject to the same rules and a legislative obligation should be placed on authorities to check teachers' suitability before employment at schools or registration by the council.
