An accounting teacher at Northriding Secondary School in Johannesburg was dismissed and declared unfit to work with children after he was found guilty of kissing a Grade 9 pupil which later led her to self-harm.
Learner, SD, testified during arbitration at the Education Labour Relations Council that Mpho Masinga taught her accounting in Grade 8 and 9 and during term 2 of 2022, she went to charge her phone in Masinga’s classroom.
When she went to fetch her phone, Masinga told her that she must give him her phone number as a punishment, which she did. She stated that Masinga used to call her almost every day.
She testified that during term 3 of 2022, she went to collect a book from the library and when she went out she bumped into Masinga who was heading into the library. Masinga told her that she must wait for him outside. When he came out of the library, he pulled her into the computer room and kissed her.
After the incident, she went to class and told her friend Learner KN. She added that Masinga called her after school and told her that she was a great kisser.
She testified that in February 2023, learner AN asked her if Masinga had done something to her and she responded in the affirmative. Learner AN told her that Masinga also did a similar thing to her.
SD’s father testified that his wife noticed that SD was self-harming by cutting her wrists and that she had become withdrawn. He stated that in March 2023, SD finally told her mother that Masinga had forcefully kissed her.
After learning this information, they opened a case at the police station.
Masinga testified that the allegation levelled against him was not true. He said he had never been involved with a learner in the five years that he had been teaching. He stated that what he knew was that learners did not like him because he was a disciplinarian.
He submitted that learners had promised him that they would land him in trouble.
He said he didn’t understand why Learner SD would accuse him of this allegation, but he knew that Learner SD was kissing boys at school.
Learner KM testified in Masinga’s defence and said he taught her in 2022 while she was in Grade 11.
She stated that he was a good teacher and strict. She said she did not believe the allegation because SD tells lies at times. She further added that Masinga would not do what is alleged because he has a family.
An arbitrator at the Education Labour Relations Council (ELRC), Themba Manganyi, evaluated the evidence and said Masinga led evidence about CCTV cameras in the school and yet failed to produce this evidence.
“If indeed there were functional CCTV cameras in the school, the department’s case would have been made easy by viewing same. It therefore follows that there is no functional CCTV camera in the computer room,” said Manganyi.
Manganyi further added that if learners did not like Masinga promised to take him down because he was a disciplinarian, it would be expected for him to report the threats to the principal or to another teacher.
“He did nothing about this threat simply because there was no such a threat.”
Manganyi said he found SD’s evidence to be truthful as she did not hesitate to admit under cross-examination that she had a relationship with a boy at the school.
He said SD’s father spoke highly about the demeanour of his daughter hence when SD reported the incident, they immediately opened a criminal case at the police station.
According to Manganyi, this showed a level of trust which SD’s parents had in her hence he concluded that SD was a reliable and credible witness.
“On a balance of probabilities that Mr Mpho Masinga is guilty of the allegation levelled against him. In view of my guilty finding, I find that dismissal would be appropriate under the circumstances,’’ said Manganyi.
IOL