A teacher who sexually assaulted and impregnated a schoolgirl was ordered to pay R38 000 in maintenance over the next two years.
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A teacher who sexually assaulted and impregnated a schoolgirl and attempted to evade his responsibility has been ordered to pay R38 000 in maintenance over the next two years.
The learner represented by human rights organisation SECTION27 secured the victory when the Nkomazi Magistrate's Court recently made the ruling.
Fatima Laher, candidate attorney at SECTION27, said lawyers had first consulted with the learner in 2022 when the case began.
Laher said the teacher had pressured the pupil into terminating the pregnancy by ingesting rat poison.
"Despite this traumatic experience, the learner later became pregnant again by the same teacher. Unbeknown to her, the teacher was HIV positive, and she contracted the virus, now requiring lifelong antiretroviral treatment. Despite all these challenges, the school girl chose to keep the child," she said.
The teacher initially denied paternity and refused to provide maintenance.
SECTION27 successfully obtained a maintenance order in April 2023, making him legally responsible for the child’s financial support.
In January 2025, the South African Council of Educators (SACE) concluded their investigation and held that the teacher was guilty and should be struck off the roll of educators.
SACE further ordered that the teacher’s name be placed on Part B of the National Child Protection Register. Since the teacher had lost his job, he informed the learner that he would discontinue supporting their child and that she would not be entitled to future income that he might receive.
"This was a clear attempt to abdicate his parental responsibility," said Laher.
The organisation then approached the Magistrate’s Court urgently to interdict the teacher's pension fund, as he was a government employee. The court granted an interim interdict, and the matter was postponed to March 27, but a representative from the pension fund was not present to testify regarding the amount in the pension fund.
The teacher was then instructed to submit the statement outlining the pension fund balance to the court and the matter was further postponed to April 3.
Laher said they informed the court that the learner, who is still in school, is not earning an income and living with her parents - both of whom are pensioners and unable to support the child financially.
Taking all factors into consideration, the court ordered that the educator be liable for R38,000 in future maintenance over the next two years and that he is also responsible for paying arrear maintenance, which has been outstanding since February.
The court ordered that the funds be paid immediately.
Laher said the outcome marked an important victory for the learner, ensuring that the teacher be held accountable for his financial responsibilities toward the child.
She said SECTION27 condemned in the strongest terms sexual violence against learners in schools.
"Principals and educators have a duty to ensure that learners are kept safe and protect their right to education. In our efforts to fight the scourge of sexual violence in schools, SECTION27 conducts workshops on sexual and reproductive health rights to empower learners," said Laher.
Cape Times