MPs demand permanent bans for educators guilty of sexual misconduct

MPs have expressed great concern about the continued reappearance of educators implicated in sexual misconduct elsewhere in the education system, saying they should be permanently barred from teaching.

There were also worries about the Department of Justice’s manual submission system, internal capacity and delays resulting in the South African Council for Educators (SACE) registering applicants without feedback on their clearance certificate, with a signed declaration that they were never convicted of any sexual offences.

This emerged when the Education Labour Relations Council (ELRC) and the SACE briefed the Portfolio Committee on Basic Education earlier this week where MPs were told that between 2018/19 and 2024/25, the ELRC recorded 469 cases of sexual misconduct involving educators.

Of the 211 awards issued between 2021/22 and 2025/26, 176 educators were found guilty and 35 not guilty. The guilty findings were reported to the Department of Social Development and SACE for further processing.

Upon receiving reports of misconduct and outcomes, SACE determines whether educators should be struck off the register.

The council told MPs that before issuing or renewing teaching certificates, it conducts rigorous vetting through criminal record and child protection databases, in partnership with the departments of Justice and Constitutional Development (DOJ and CD) and of Social Development. SACE annually vets over 50 000 registration applications against the National Register of Sexual Offenders on behalf of teachers with their consent.

“However, due to the Department of Justice’s manual submission system, internal capacity and delays, SACE often registers applicants without feedback on their clearance certificate, with a signed declaration that they were never convicted of any sexual offences. Members were informed that proposed amendments to the SACE Act will strengthen re-registration and pre-screening processes,” the committee said in a statement.

MPs also called for a coordinated legislative response across the education and justice systems to protect learners from sexual abuse and other forms of exploitation.

“Members were particularly concerned about parents who withdraw complaints against educators and allegations of bribery or intimidation. While members appreciated the fears of secondary trauma to learner victims, they urged that the state, as the final custodian of children’s welfare, must push through with investigations and prosecutions even without parental consent. Some members also argued that interference with child abuse cases should be criminalised.”

MPs noted that learner pregnancies in schools warrants automatic investigation as it will help identify statutory rape cases.

Committee chairperson Joy Maimela said that the ultimate measure of success lies in the justice delivered for victims and the prevention of future abuse.

“We must accept that the problem is more complex, and because it involves gender-based violence and sexual misconduct, it affects our children directly. We must do everything in our power to prevent it. And if it does happen, we must ensure that justice is attained,” she said. The committee will submit written questions to both SACE and the ELRC for further clarification.

“We need to look closely at the legislative gaps. With all the laws in place, with all the councils and advocacy, why are we still here? The state is the ultimate custodian of children’s welfare, and their interests must always come first.”

Cape Times