Parliament’s Portfolio Committee on Basic Education has called for an urgent and coordinated review of legislation and institutional efforts to combat sexual misconduct involving educators and learners.
In a recent briefing, the Education Labour Relations Council (ELRC) and the South African Council for Educators (SACE) presented their progress reports on handling cases of sexual abuse, misconduct, and professional accountability in schools.
According to data from Parliament, 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, while 35 were acquitted.
The committee heard that all guilty findings were forwarded to the Department of Social Development and SACE for further processing.
Upon receiving these reports, SACE determines whether educators should be removed from the teaching register.
The SACE also confirmed that before issuing or renewing any teaching certificates, it conducts rigorous vetting through criminal record and child protection databases, in partnership with the Departments of Justice and Constitutional Development (DOJ & CD) and Social Development.
Committee members welcomed the presentations but expressed deep concern about ongoing cases of sexual abuse and exploitation in schools. They called for a coordinated legislative response across the education and justice systems to ensure better protection for learners.
Members also raised alarm over reports that parents sometimes withdraw complaints against accused educators, allegedly due to intimidation or bribery. The committee warned that such interference hampers justice and urged that the state should pursue investigations and prosecutions even when parents retract complaints.
Some members proposed that tampering with or obstructing child abuse cases be made a criminal offence.
Another major concern was that educators implicated in sexual misconduct often resurface in other schools. Lawmakers expressed strong views that such individuals should be permanently banned from teaching anywhere in the country.
Addressing related issues, members said learner pregnancies should trigger automatic investigations to identify potential cases of statutory rape.
They also called for improved data management and accountability, including evidence of arrests, prosecutions, and convictions, given the low number of cases finalised compared to the scale of the problem.
To strengthen oversight, the committee proposed the creation of a centralised national database to track educator misconduct, case outcomes, and compliance with reporting obligations.
Committee Chairperson Ms Joy Maimela underlined that the ultimate measure of progress lies in justice 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,’ she said.
‘We must do everything in our power to prevent it. And if it does happen, we must ensure that justice is attained.’
Maimela added that the committee would be submitting written questions to both SACE and the ELRC for further clarification, particularly regarding legal loopholes and enforcement.
‘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?’ she asked.
‘The state is the ultimate custodian of children’s welfare, and their interests must always come first.’
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