A Western Cape teacher has been dismissed with immediate effect after admitting to sexually harassing an 18-year-old learner at a special-needs school by repeatedly asking her to give him a chance, sending her WhatsApp messages and making inappropriate romantic advances.
The Education Labour Relations Council (ELRC) ruled that Xolile Duma’s misconduct was serious enough to warrant dismissal, finding that his behaviour towards the learner at Axios School of Skills and Neurodiverse Center was improper, disgraceful and unacceptable.
Senior commissioner Retief Olivier also found Duma unsuitable to work with children.
According to the arbitration award, Duma was employed as a hospitality educator by the Western Cape Education Department (WCED) in January 2026. The misconduct occurred during the first school term of the year.
The learner, identified as Learner A in the proceedings, was in her fourth and final year at the school, which caters for learners with cognitive difficulties.
The school’s principal, George Engelbrecht, testified that learners at the institution were approximately five to six years behind their mainstream-school peers in terms of cognitive functioning.
Teacher admits to making advances
Duma faced a charge of misconduct for sexually harassing the learner and conducting himself in an improper and unacceptable manner.
The charges included repeatedly asking the learner to give him a chance, referring to her as “pumpkin”, asking whether she would date older men and telling her that he would be the happiest man on earth if she gave him a chance.
He also admitted asking the learner to place her hand next to his and commenting that their skin colours complemented each other.
The charge further alleged that he discussed a conversation with his wife about infidelity and the race of a person with whom he might cheat.
When the charges were put to him during the inquiry, Duma pleaded guilty to the misconduct. Although he initially said he could not remember making the statement about his wife, he ultimately confirmed his guilty plea to the charges.
During his testimony, Duma explained that he had got to know the learner after another learner suggested that he had feelings for her.
He said the situation escalated after a school function when he was transporting people home. The learner was the last person he had to drop off, and he admitted asking her whether she would date an older man.
He also acknowledged sending her WhatsApp messages.
Duma told the inquiry that he understood he could not have that kind of friendship with a learner and recognised the seriousness of his conduct.
“If he could turn the clock back, he would,” the award recorded, adding that he admitted becoming weak and taking advantage of a learner.
He pleaded for a second chance.
Teacher can't be trusted with learners
Engelbrecht testified that the allegations initially shocked him and that he had struggled to believe the reports when they first came to his attention.
The matter was brought to his attention after the school counsellor reported that the learner had disclosed a sexual matter to another teacher. The principal subsequently received a written note referring to the “pumpkin” nickname and WhatsApp messages and reported the incident to the WCED’s employee relations directorate.
After learning the full details and hearing Duma’s guilty plea, Engelbrecht said he could no longer trust him to work with learners.
He told the inquiry that allowing Duma back into the classroom would conflict with his responsibility to protect vulnerable children.
The department argued that Duma had abused the trust placed in educators and that his conduct was particularly serious given the vulnerability of learners at the school.
It also submitted that he had attempted to shift blame to another learner rather than fully accept responsibility for his actions.
The WCED requested that Duma be dismissed, arguing that the employment relationship had broken down beyond repair.
Commissioner prioritises protection of children
In his analysis, Olivier said the central issue was whether Duma’s admitted misconduct warranted dismissal.
The arbitrator considered the seriousness of the sexual harassment, the learner’s cognitive difficulties and the legal obligation to place children’s best interests first.
The award referred to Section 28(2) of the Constitution, which provides that a child’s best interests are of paramount importance in every matter concerning the child.
Olivier acknowledged that Duma had shown some contrition but found that this did not diminish the seriousness of his actions towards a vulnerable learner.
He concluded that the misconduct was incompatible with the standards expected of an educator and that the circumstances justified immediate dismissal.
“The seriousness of these charges,” the arbitrator found, together with the legal requirements to protect children, warranted summary dismissal.
The ruling ordered that Duma’s employment be terminated with immediate effect.
In a further finding, Olivier declared Duma unsuitable to work with children.
The award stated that a further process could be held to allow the parties to make submissions on whether the Director-General of the Department of Social Development should be informed of the findings
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