Mpumalanga – A former teacher from Mpumalanga has been ordered to pay two years' worth of future maintenance in a lump sum to a schoolgirl he impregnated, with the funds to be drawn from his impending government pension payout. The Nkomazi magistrate's court issued the maintenance order on April 3, following legal representation by Section27, an organisation that has been representing the pupil since 2022.
The case reveals a disturbing pattern of abuse and exploitation, with the teacher accused of coercing the pupil into terminating her first pregnancy and later transmitting HIV to her.
According to Section27, the pupil, who currently lives with her pensioner parents and has no independent source of income as she is still attending school, was impregnated twice by the teacher.
The organisation further alleges that the teacher pressured the pupil into terminating her first pregnancy by forcing her to ingest rat poison.
“The learner later became pregnant again by the same teacher. Unbeknown to her, the educator was HIV-positive and she contracted the virus, now requiring lifelong antiretroviral treatment. Despite all these challenges, the learner chose to keep the child,” Section27 stated.
Initially, the teacher denied paternity and refused to provide any financial support for the child. However, Section27 successfully obtained a maintenance order in April 2023, legally obligating him to provide financial assistance.
The South African Council of Educators (SACE) also conducted an investigation into the matter, culminating in a ruling in January this year. SACE found the educator guilty of misconduct and ordered that he be struck off the roll of educators. Furthermore, his name was to be entered onto the National Child Protection Register, effectively barring him from working with children in the future.
Following his dismissal, the teacher reportedly informed the mother of his child that he would discontinue maintenance payments, prompting Section27 to seek an interdict against his pension fund.
The court subsequently ordered the teacher to pay R38,000, representing two years of future maintenance, in addition to settling all outstanding arrear maintenance dating back to February. The court stipulated that these funds be paid immediately upon receipt from the pension fund.
The case is scheduled to return to court on May 28 for confirmation of the maintenance payment.
“This outcome marks an important victory for the learner, ensuring the educator will be held accountable for his financial responsibilities towards the child,” Section27 said in a statement. The organisation also reiterated its condemnation of sexual violence in schools, emphasising the duty of principals and educators to ensure the safety and well-being of learners and protect their right to education.
