Africa-Press – South-Africa. The office of the Western Cape MEC for Education has been found liable to pay damages to a former school pupil who was sexually assaulted, aged 12, by her acting principal.
The acting principal already had a previous conviction for indecently assaulting a teenager.
His criminal record was never picked up. He lied on forms he submitted for various teaching posts he held.
But Western Cape High Court Judge Mark Sher has now ruled that the education department was negligent in not doing proper vetting.
He ruled that the MEC and the perpetrator are jointly liable to pay damages – still to be determined, either at a future trial or by agreement – to the former pupil.
Walter Sisulu University student found guilty of stealing NSFAS money
While the sexual assault occurred 10 years ago, Judge Sher said evidence was that the perpetrator, Keith Swanepoel, was still employed as an educator “placing children in his care at continued risk”.
“This is unacceptable and a copy of this judgment must be forwarded to the department, so that appropriate action can be taken against him.
“It is also unacceptable that he was not prosecuted criminally. He should be punished for it. I trust the matter will also be referred to the director of public prosecutions.”
Read the judgment here.
For More News And Analysis About South-Africa Follow Africa-Press
