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Basic Education Sector To Clamp Down On Sexual Offenders With Tough New Measures

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Basic Education Sector To Clamp Down On Sexual Offenders With Tough New Measures

Basic Education Sector To Clamp Down On Sexual Offenders With Tough New Measures
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17th October 2018

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/ MEDIA STATEMENT / The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The Department of Basic Education welcomes the ground breaking collective agreements reached with teacher unions in the basic education sector.
 
The agreements were presented to the Portfolio Committee on Basic Education today in Parliament. The Education Labour Relations Council (ELRC) told the committee that the collective agreements would go a long way to creating a safe environment for learners as well as enhance stability in schools.
 
The most important agreement is with regards to sexual offenses committed by teachers against learners. In particular where learners are either the victim or a witness to the offense.
 
In the past there were three platforms available to learners who are victims of sexual misconduct or witnesses, these were: the Provincial Department of Education’s internal disciplinary hearing processes; the SACE investigative process where the child is also required to testify; and the ELRC arbitration process, in the event that the teacher refers a dispute to the Council. The learner is required to testify in all three processes and has to relive the trauma.
 
Collective Agreement No. 3 of 2018 provides a one-stop process (arbitration) that replaces the Department’s internal disciplinary hearing and prevents the child from having to testify multiple times and going through secondary trauma. Up to now children and parents have been reluctant to testify afresh due to the secondary trauma that learners would be subjected to. This resulted in the absence of witnesses in many instances and a lack of evidence for the employer to act on.  Due to this sexual offenders would often be reinstated through the Education Labour Relations Council arbitration outcome and the teacher would not be struck off the roll of educators by SACE. This created a loophole for paedophiles or sexual predators to re-enter the sector.
 
This one-stop arbitration process will replace the Department’s internal disciplinary hearing. And there will be a special panel of suitably qualified and experienced arbitrators to deal with these matters related to sexual misconduct between learners and teachers. Intermediaries have been appointed and trained to aid the child victim or witness to give evidence at a special venue such as the Children’s Court and two-way mirrors will be used.
 
Judgement of an arbitration shall be final and binding and has the same status as an arbitration award under the Labour Relations Act. This particular agreement is important because it will play a critical role in ensuring that justice prevails in cases where educators are accused of sexual misconduct involving children. The ELRC has an obligation to fulfil its broader mandate and ensure that the principle of fairness is applied.
 
A partnership has also been initiated with the Registrar of the National Sexual Offenders Register, and a Memorandum of Understanding has been put in place with the Department of Justice and Constitutional Development for the use of the Children’s Court for special cases, and recruitment of intermediaries.
 
The ELRC and SACE have established a partnership to synchronise the processes of the two entities in relation to special cases where children are involved and both have agreed to collaborate on an awareness and advocacy campaign. The ELRC has also partnered with the SAPS to ensure that the names of people involved in sexual offenses with children are registered.
 
The sector needs to align appointment processes to include an SAPS clearance certificate and also collaborate with School Governing Bodies for public schools and private schools where teachers are appointed at the school level. Access to the offender registers will also be reviewed to ensure that legislation regarding the obligations of the employer in respect of employees.
 
With the current scourge of sexual crimes, particularly against children in the country, this agreement would be instrumental in ensuring that justice prevails in cases where educators are accused of sexual misconduct involving children. The Department of Basic Education is confident that these improved measures will close gaps in processes and ensure that sexual predators are not able to operate in schools.

Issued By Gcis On Behalf Of The Department Of Basic Education

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