A magistrate’s court in Mpumalanga has ordered a former educator to pay R38,000 in future maintenance after impregnating a learner and infecting her with HIV, in a case social justice non-profit organisation SECTION27 has described as a “significant victory” for the rights of schoolchildren.
SECTION27 said that the Nkomazi Magistrates’ Court recently ruled that the former teacher must pay the amount over a period of two years, following an urgent application it had brought to interdict his pension fund after he attempted to evade financial responsibility.
The former educator had previously been struck off the roll by the South African Council of Educators (SACE). It is understood that he was not criminally charged in connection with the incident.
SECTION27 said the maintenance decision would ensure that the man "will be held accountable for the financial needs of the child he fathered, despite no longer being employed".
The case dates back to 2022, when the learner first approached SECTION27 for legal assistance after being sexually assaulted by her teacher. According to the organisation, the teacher initially pressured the learner into terminating the pregnancy using rat poison.
She later became pregnant again and only discovered later that the teacher was HIV positive. The learner contracted the virus and now requires lifelong antiretroviral treatment.
“He denied paternity and refused to provide financial support for the child,” SECTION27 stated.
However, a maintenance order was granted on 19 April 2023, legally obligating him to provide financial support.
After losing his job, the educator told the learner he would not contribute to the child’s future upkeep, prompting SECTION27 to return to court in January 2025.
In March, the case was postponed due to the absence of a pension fund representative. When proceedings resumed on 3 April, the educator was ordered to pay R38,000 and arrear maintenance from February 2025.
“The learner is still in school, has no income, and lives with her elderly grandparents who are pensioners,” the organisation said.
SECTION27 stressed that the ruling underscores the urgent need to combat sexual violence in schools.
“We condemn in the strongest terms sexual violence against learners,” the statement read. “Educators and principals have a duty to protect learners and create a safe learning environment.”
The case is set to return to court on May 28 to confirm that the payment has been made.