A teacher from Zweliyandila High School in the Eastern Cape, South Africa, has been fired and barred from ever working with children again after being found guilty of s_exual misconduct. Despite pleas for counselling and reassignment from his representatives, the decision was made to enforce a permanent ban.
Official Statement and Rationale
“The employee, Ayanda Fani, is dismissed with immediate effect, without notice. The provincial department of education of the Eastern Cape must inform Ayanda Fani of his dismissal,” Mbuli announced.
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Mbuli emphasized the severity of the situation, noting that s_exual misconduct by a teacher towards a student significantly undermines the educational environment. “The acts of misconduct committed by the employee in the context of his employment renders the employment relationship involving learners intolerable,” he explained. “This type of misconduct is also expressly prohibited by the employer. In this matter, the interests of the employer and learners far outweigh those of the employee.”
Arguments and Decision
During the hearing, Fani’s representatives argued that his guilty plea demonstrated remorse and responsibility. They recommended a warning, continuous counselling, and reassignment to another school. However, Mbuli disagreed, citing the Constitution of the Republic of South Africa.
“These transgressions are not only acts of misconduct but they also go against the spirit of the constitution of the Republic of SA,” Mbuli stated. “I found that it is not in the interest of children/learners to keep the employee in an environment where he has to interact with learners.”
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Mbuli concluded that Fani could no longer be trusted in any school environment and that leniency would harm both the employer and the students. “The employer and learners will suffer severe prejudice if this wrongdoing can be condoned and that discipline has to be applied consistently,” he noted. “The employee, Mr Ayanda Fani, is found guilty of the allegations against him.”