Africa-Press – South-Africa. A North West school teacher lost his job after allegedly giving Grade 11 pupils at Tlotlang Thuto Secondary School a Life Orientation memorandum during the June examination.
The provincial Department of Education fired Motsamai Blondie Maake following a disciplinary hearing, after he allegedly handed over the exam paper on 29 June 2021, a day before the midyear examination was written.
The disciplinary hearing found him guilty of violating the examination rules. However, Maake referred his alleged unfair dismissal to the Education Labour Relations Council (ELRC), which has now also found against him.
According to the ELRC, Maake taught History, English, Geography and Life Orientation at the school.
The ELRC’s Ntjatja Klaas Aphane accused Maake of “arrogance” after he admitted that he had refused to discuss the exam leak with the head of department and the principal without a representative from the South African Democratic Teachers Union (Sadtu).
Aphane said it was Maake’s responsibility to notify and invite his union representative and not make it the principal’s responsibility.
“It is quite therefore disingenuous, [a] smack of arrogance of extraordinary nature, and lack of co-operation of the applicant to demand that the principal should invite his union representative, who was to represent him to discuss the leakage of [the] LO memorandum,” Aphane said.
“Therefore, his refusal to provide his version was misplaced and misguided. It is, however, his constitutionally entrenched right to be represented by any union of his choice, but it was his responsibility to brief and ensure attendance of that union representative.”
Aphane found in favour of the department, saying it was within its rights to subject Maake to a disciplinary process.
He added that Maake had demonstrated an “abrasive” attitude and a lack of remorse during the arbitration proceedings.
He had also refused to acknowledge the wrongfulness of his conduct and had instead blamed the principal for waging a campaign against him, Aphane said.
“There was no slightest remorse on the applicant, and therefore it will be bad to expose learners to this kind of conduct as displayed by the applicant.
“Therefore, the dismissal of the applicant did [comply] with item 4(1) of the Code of Good Practice on Dismissal. The dismissal was procedurally fair.”
Aphane added that Maake was not entitled to any reinstatement.
“The relationship between the [department] and [Maake] is beyond repair, based on the totality of [the] evidence presented.”
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