Teacher dismissed after WhatsApps expose sexual relationship with minor

An arbitrator at the Education Labour Relations Council has dismissed a teacher after finding that he had a sexual relationship with a Grade 12 pupil, which led to her becoming pregnant.

The Gauteng department of education charged Andile Kunene, a departmental head at Lotus Gardens Secondary School in Pretoria, with the sexual assault of the pupil, identified as KMM, who was 17 and a Grade 12 pupil at the school in November 2024.

In the award issued on June 24, arbitrator Mmamahlola Rabyanyana declared KMM and her mother GM hostile witnesses, as they had initially provided detailed evidence against Kunene but later attempted to sabotage the department’s case.

GM had originally reported the matter to the department, the school and the police, and had shared screenshots of incriminating WhatsApp conversations between Kunene and her daughter on a community group. GM later attempted to withdraw the complaint in a statement dated February 28 2026.

Rabyanyana said KMM initially provided a statement claiming that the sexual relationship with Kunene started in 2024. During the inquiry, she changed her testimony to claim the relationship began in February 2025, after she had left the school.

“I declared GM a hostile witness to allow the employer to cross-examine her. The grounds were that despite all that had transpired ― actions she took to report the sexual relationship to community leaders, the SAPS, the acting principal and the department ― she refused to testify, withdrew the case and contradicted her earlier statement to the detriment of the employer,” Rabyanyana said.

The arbitrator noted that GM wrote the initial statement freely and without coercion, adding her complaint was in pursuit of safeguarding the interests of her minor child.

“She is vested with the responsibility to protect KMM against all ills. I was persuaded that it was in the interest of justice to allow the employer to cross-examine her.”

The arbitrator stated that 99 WhatsApp screenshots shared by GM in the community group on September 18 2025, demonstrated when and how the sexual intercourse occurred. These conversations showed frustrations and arguments regarding the pregnancy, specifically when KMM informed Kunene about it on December 22 2024, and demanded R3,000 for pregnancy expenses and baby preparations.

The messages also documented GM’s attempts to engage with Kunene, as well as KMM sending the teacher bank details, Kunene sending food orders for pregnancy cravings, and arrangements for his visits to her home via Bolt.

Rhoeen Majothi, who served as deputy principal and acting principal during September 2025, testified that the current deputy principal reported that KMM’s mother came to school accompanied by SAPS officials on September 18 2025. She stated that KMM’s mother alleged that Kunene was the father of her one-month-old granddaughter, born in August 2025.

Although GM wanted to open a criminal case, the police could not assist because the daughter was 18 years old. The deputy principal subsequently submitted a report to the district offices.

Strangely, in October to December 2025, the payments increased to R3,000. This explains why KMM and her mother changed their tone and decided to withdraw the complaint and retract the truth.

—  Mmamahlola Rabyanyana, arbitrator

During cross-examination by the department, GM acknowledged holding a meeting with Kunene in the presence of SAPS officials at the school.

GM claimed that Kunene denied paternity and that she later found out he was not the father, prompting her to withdraw the case. She denied telling the deputy principal that Kunene had impregnated her daughter, stating she had only mentioned that he had a relationship with her.

“She (GM) could not explain why she reported the matter in September 2025, yet she knew that Mr Kunene impregnated KMM back in December 2024,” Rabyanyana said.

GM further claimed that when KMM expressed doubt regarding Kunene’s paternity, she instructed her to cancel the maintenance case she had previously encouraged her to open.

Kunene testified that his sexual relationship with KMM began in 2025 at the college she attended after matric and that she then became pregnant. He insisted he had a relationship with a student, not a pupil.

The arbitrator concluded that it was probable KMM had been coached to retract her earlier statement to favour Kunene.

“Her WhatsApp conversation with Mr Kunene corroborates her statement that the sexual intercourse started in November 2024. The pregnancy and date of birth of the baby in August 2025 support the probability that they had intercourse in November 2024.

“Her new version that the intercourse occurred for the first time in January 2025 is a fallacy and not supported by any evidence,” Rabyanyana said.

The arbitrator also noted that bank statements showed the highest amount paid by Kunene to KMM between February and July 2025 was R650.

“Strangely, in October to December 2025, the payments increased to R3,000. This explains why KMM and her mother changed their tone and decided to withdraw the complaint and retract the truth.”

Rabyanyana concluded that she was satisfied the department had proven, on the balance of probabilities, that Kunene had a sexual relationship with KMM, which resulted in her pregnancy.