A Western Cape teacher has been dismissed with immediate effect after he admitted to sexually harassing an 18-year-old learner at a school for learners with special needs.
The Education Labour Relations Council (ELRC) ruled that the conduct of the teacher, Xolile Duma, was serious enough for dismissal. Senior commissioner Retief Olivier also found him unsuitable to work with children.
“The seriousness of these charges,” the arbitrator found, together with the legal duty to protect children, justified summary dismissal.
According to the arbitration award, the Western Cape Education Department (WCED) hired Duma as a hospitality educator in January 2026. The misconduct took place during the first school term of the year.
The learner was in her fourth and final year at the school, which caters for learners with cognitive difficulties. The principal told the inquiry that learners there are about five to six years behind their mainstream peers in cognitive functioning.
Duma faced a charge of sexually harassing the learner and behaving in an improper and unacceptable way. The charges said he repeatedly asked her to give him a chance and called her “pumpkin”.
He was also charged with asking her whether she would date older men. He told her he would be the happiest man on earth if she gave him a chance.
Duma admitted asking the learner to place her hand next to his. He then said their skin colours went well together. The charge also said he spoke to her about a talk with his wife about cheating.
Duma pleaded guilty when the charges were put to him. He first said he could not remember the statement about his wife, but he later confirmed his guilty plea to all the charges.
In his evidence, Duma said things got worse after a school function when he was driving people home. The learner was the last person he dropped off, and he admitted asking her if she would date an older man.
He told the inquiry he understood he could not have that kind of friendship with a learner. “If he could turn the clock back, he would,” the award recorded. It said he admitted becoming weak and taking advantage of a learner.
The principal said he was shocked by the claims and at first struggled to believe them. The matter reached him after the school counsellor reported that the learner had told another teacher about a sexual matter.
The principal later received a written note that mentioned the “pumpkin” nickname and WhatsApp messages. He reported the matter to the WCED’s employee relations directorate.
After hearing the guilty plea, the principal said he could no longer trust Duma with learners. He said letting him back into a classroom would clash with his duty to protect vulnerable children.
The department argued that Duma had abused the trust placed in teachers. It also said he tried to shift blame to another learner instead of fully accepting responsibility. The WCED asked for his dismissal and said the working relationship had broken down.
Olivier said the main question was whether the admitted misconduct justified dismissal. He weighed the harassment, the learner’s cognitive difficulties and the legal duty to put children’s best interests first.
The award pointed to Section 28(2) of the Constitution. It says a child’s best interests are of paramount importance in every matter concerning the child.
Olivier said Duma had shown some regret, but this did not make his actions towards a vulnerable learner less serious. He found the conduct did not match the standards expected of a teacher.
The award said a further process could be held for both sides to make submissions. That process would decide whether the Director-General of the Department of Social Development should be told of the findings.
Source: this article is based on reporting by IOL. Image: IOL. Written with the help of AI and published by the Tzaneen Voice News desk. See our Editorial Standards.
Kgomotso Maake covers news and politics for Tzaneen Voice. Kgomotso reports on government, Parliament, municipalities, courts, crime and service delivery across South Africa, with a close eye on how national decisions reach towns like Tzaneen and the wider Limpopo province. Stories are written in plain English and focus on the facts: who made the decision, what it means, and what happens next.