A Gauteng teacher has been dismissed and declared unfit to work with children after an inquiry into allegations of a sexual relationship with a Grade 12 pupil in 2024.
An arbitrator at the Education Labour Relations Council revealed her decision on March 16, after an inquiry into the conduct of Thamsanqa Ashley Nyandeni, a Post Level 1 teacher at Phateng Secondary School in Pretoria.
Arbitrator Mmamahlola Rabyanyana was required to determine whether Nyandeni was involved in a sexual relationship with a pupil known as TM in 2024, as alleged by the Gauteng education department. If Nyandeni was found guilty, she was also required to determine the appropriate sanction.
The case first came to light under unusual circumstances. Nyandeni originally approached his school principal, Makgeru Mission Mohlala, claiming that a pupil was “peddling lies” about him being in a relationship with another learner. But the principal’s subsequent investigation transformed from a single-count allegation into a broader exposure of systemic grooming and misconduct by Nyandeni.
The investigation revealed what Rabyanyana described as a predatory pattern of behaviour involving multiple pupils at the school.
When the principal asked Nyandeni whether he was in a relationship with a pupil known as LM, Nyandeni denied it. When the principal called LM, she initially denied the relationship but later confirmed it.
It was only the two of them in the room. He ordered McDonald’s meals. He kissed her, and she returned the kiss. They became intimate and had sex together. At around 6 and 7pm, he dropped her at the taxi rank and paid the fare
— Arbitrator Mmamahlola Rabyanyana summarising TM’s testimony.
“She referred to Nyandeni by his first name, Thamsanqa, and said that they communicate often.” LM mentioned that Nyandeni was in a relationship with TM, GA, and MF. LM’s role was to organise girls for Nyandeni in exchange for liquor.
“They called in the three girls. TM confirmed that she had a relationship with Nyandeni, but it was over. MF laughed at them without mentioning anything. GA said she could not say anything in Nyandeni’s presence,” Rabyanyana noted as she summarised Mohlala’s testimony.
Rabyanyana noted in the evidence that several pupils referred to the teacher by his first name, Thamsanqa – not “Sir” or “Mr Nyandeni” — indicating a level of familiarity that breached professional boundaries.
Another pupil who testified, LT, said she was 20 years old in 2024, when Nyandeni was teaching her Grade 10. She testified Nyandeni was in a sexual relationship with TM, a Grade 11 pupil, during 2024. LT also testified Nyandeni had many relationships with other pupils, including her friends LM, AG and TM.
TM, now 20, testified that she was 19 when the sexual incident occurred in 2024. “It all started when her friends asked her to request Nyandeni’s iPhone to take pictures as they were afraid. He lent her the phone. They took the pictures. She gave Nyandeni her phone number to send the pictures, which he did.”
TM testified she became closer to Nyandeni and would ask him for money during break. He would give her the money when he had. TM testified that she asked to visit Nyandeni at his place in Khutsong in Mamelodi East and he agreed.
“It was only the two of them in the room. He ordered McDonald’s meals. He kissed her, and she returned the kiss. They became intimate and had sex together. At around 6 and 7pm, he dropped her at the taxi rank and paid the fare,” Rabyanyana said as she summarised TM’s testimony.
As an educator, responsible parents and the community entrusted him to care for and protect learners. However, he shamefully destroyed that relationship of trust
— Rabyanyana
Nyandeni denied having a sexual relationship with TM. However, he admitted communicating with TM at 6.30pm and after 10pm. Nyandeni said teachers communicated with pupils for school-related matters.
In closing arguments, Nyandeni argued that the principal’s testimony regarding the alleged relationship was based entirely on school rumors and hearsay. He argued that while hearsay could be admitted in labour disputes, it must be reliable and corroborated. Nyandeni said in his case, the hearsay lacked any corroboration and should be disregarded.
However, Rabyanyana said it was common cause that Nyandeni had WhatsApp chats with TM, not only after school hours, but also late at night and these were frequent. She said a personal chat between a teacher and a pupil about unrelated school matters late at night was outrageous and unacceptable.
“The chats contain romantic and flirtatious content and allegations of a love relationship. TM initiated most of the chats, though. However, Nyandeni entertained her and participated without correcting her to refrain from this.”
She said Nyandeni’s chats with TM were all about sex, not school-related matters. Rabyanyana concluded that Nyandeni engaged in a sexual relationship with a young adolescent girl.
“As an educator, responsible parents and the community entrusted him to care for and protect learners. However, he shamefully destroyed that relationship of trust.”
She said the young girl expected care and protection from her teacher. Instead, she became his predator.
Rabyanyana said in light of the seriousness of the offences and the mandatory sanction it carried, she had no discretion to impose any other sanction but dismissal.
TimesLIVE
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