A former Mpumalanga teacher must pay two years of future maintenance in a lump sum to a schoolgirl who bore his child from the impending payout of his government pension fund.
The pupil lives with her pensioner parents and has no source of income as she is still at school.
She was impregnated twice by the teacher, according to Section27, which obtained the maintenance order for her at the Nkomazi magistrate's court on April 3. The organisation has represented her since 2022.
The teacher pressured the pupil into terminating her first pregnancy by ingesting rat poison, Section27 said.
“The learner later became pregnant again by the same teacher. Unbeknown to her, the educator was HIV-positive and she contracted the virus, now requiring lifelong antiretroviral treatment. Despite all these challenges, the learner chose to keep the child.”
Initially the teacher denied paternity and refused to provide maintenance. However, Section27 obtained a maintenance order in April 2023, making him legally responsible for the child’s financial support.
In January this year, the South African Council of Educators finalised its investigation and held that the educator was guilty, should be struck off the roll of educators and his name should be entered onto the National Child Protection Register.
As he had lost his job, he told the mother of his child he would discontinue maintenance payments.
Section27 went to court to ask that his pension fund be interdicted.
He was ordered to pay R38,000 for two years of future maintenance and to cough up the arrear maintenance outstanding since February. The court ordered the funds be paid immediately upon receipt from the fund.
The case will return to court on May 28 for confirmation of the maintenance payment.
“This outcome marks an important victory for the learner, ensuring the educator will be held accountable for his financial responsibilities towards the child,” Section27 said, adding it condemns sexual violence in schools.
“Principals and educators have a duty to ensure learners are kept safe and protect their right to education.”
TimesLIVE
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