Gauteng Teacher Dismissed After ELRC Finds He Had Sexual Relationship With Grade 12 Learner

The Education Labour Relations Council (ELRC) has upheld the dismissal of a Gauteng teacher and departmental head after finding that he had a sexual relationship with a 17-year-old Grade 12 learner at Lotus Gardens Secondary School.

The arbitrator found that the relationship resulted in the learner’s pregnancy and ruled that the educator, Andile Malusi Kunene, was guilty of gross misconduct. In addition to his dismissal, the ELRC recommended that he be permanently removed from the roll of the South African Council for Educators (SACE).

ELRC Upholds Dismissal Of Gauteng Teacher

Arbitrator Mmamahlola Gloria Rabyanyana also declared Kunene unsuitable to work with children. The ruling directed that his name be entered into Part B of the National Child Protection Register.

The disciplinary matter stemmed from allegations made in September 2025 that Kunene had impregnated a former Grade 12 learner, identified in the proceedings as KMM.

The learner’s mother initially reported the matter to police and school authorities, alleging that Kunene was the father of her grandchild and had been involved in a sexual relationship with her daughter while she was still a learner.

Community organisations and civic leaders later became involved after WhatsApp messages and payment records allegedly linking the teacher to the learner were circulated.

Although no criminal charges were pursued because the learner was 18 when the complaint was laid, the Gauteng Department of Education proceeded with disciplinary action under Section 188A of the Labour Relations Act.

WhatsApp Messages And Bank Records Formed Key Evidence

During the proceedings, both the learner and her mother later changed aspects of their original statements, claiming Kunene was not the child’s biological father and suggesting the earlier allegations were based on incorrect information.

The learner also testified that she had falsely identified Kunene as the father and claimed their relationship only began in 2025 after she had completed school and enrolled at college.

However, the arbitrator found these versions to be inconsistent with earlier sworn statements, documentary evidence and WhatsApp conversations presented during the inquiry.

According to the ruling, the learner had originally stated under oath that she had sexual intercourse with Kunene in November 2024 while she was still in Grade 12 and discovered she was pregnant the following month.

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The employer also presented WhatsApp messages and bank records showing financial transfers from Kunene to the learner over several months. The conversations reportedly included discussions about the pregnancy, medical appointments, preparations for the baby’s birth and requests for financial assistance.

The arbitrator found that messages acknowledged by Kunene as authentic contradicted his claim that the relationship only started in January 2025. Bank records obtained through a subpoena also supported several of the financial transactions presented during the hearing.

Teacher Declared Unsuitable To Work With Children

Kunene argued that the relationship only began after the learner had left school and therefore had no connection to his employment. He also said he had been hospitalised during parts of November and December 2024 and disputed details about where the relationship allegedly began.

The arbitrator rejected these arguments, finding that they were raised late in the proceedings and were inconsistent with the evidence before the inquiry. The ruling described Kunene as an unreliable witness whose version changed as the hearing progressed.

Because the Employment of Educators Act prescribes dismissal for educators found guilty of sexual relationships with learners, the arbitrator ruled that a lesser sanction could not be considered.

“The mitigating and aggravating factors become academic,” the ruling stated.

The ELRC further ordered that the Department of Social Development be notified so that Kunene’s name can be entered into the National Child Protection Register. The ruling will also be forwarded to SACE for consideration regarding his future registration as an educator.