A school principal whose actions were found to have contributed to the drowning of two pupils while on a camp has been reinstated — without so much as a disciplinary hearing.
Thembi Letsoale was reinstated to her post at Daveyton Skills School in Benoni after she complained to the education labour relations council (ELRC), saying more than three months had passed since her transfer, without a disciplinary hearing taking place.
The council found the Gauteng education department guilty of unfair labour practice and ordered that she return to work last week.
This is despite Gauteng education MEC Matome Chiloane vowing in 2024 that Letsoale would face justice.
Letsoale has worked for the department for 32 years, and since 2013 has been the principal of Daveyton Skills School — a school for pupils with mild to moderate intellectual disabilities.
In April last year, she authorised a school trip, allowing 90 boys to attend a discipline camp at Rockfalls Adventure Ranch in Centurion, Gauteng under the supervision of a single social worker.
While on the camp, Siphamandla Peterson, 15, got into difficulties swimming in the river. Sibusiso Sibiya, 17, went to assist him, but both boys drowned.
The department commissioned an independent investigation headed by Thembekile Graham of Seanego Attorneys, which found that Letsoale had failed to follow departmental protocols in authorising the trip. She had been wrong to allow it to go ahead without any teachers present and was ultimately responsible for what happened.
Graham recommended that Letsoale face a disciplinary hearing.
Following the report, Letsoale was placed on precautionary transfer. . She was ordered to stay off the school premises, instructed to report to the district office, and told the transfer would remain in place for 90 days pending the outcome of the disciplinary or an appeal.
The 90 days ended in August and Letsoale, who claimed not to have received any further communication on the matter, approached the ELRC. She claimed her transfer was a suspension and therefore unfair labour practice.
ELRC arbitrator Gcina Mafani found in Letsoale’s favour.
Contacted by The Sunday Times, the school declined to say whether Letsoale was back at work and referred all questions to the education department. Spokesperson Steve Mabona confirmed they were “complying with the arbitration award”.
During the ELRC hearing, which took place over several days last November, Letsoale testified that she did not get written permission for the camp because she was unaware of the relevant departmental protocols.
She said she was placed on precautionary transfer on May 8.
Letsoale told the ELRC that during her transfer period she was not given any work. She asked to be allowed to be part of external off-school evaluations (a team of specialists checking on schools to give support where needed) but was told she was not allowed to visit schools.
She asked for a copy of the school regulations to study them and was told to read them on the eighth floor — a place she understood was open to media scrutiny and where “it’s no secret why you are there”. She said she was made into a spectacle, pushed to appear on national television and treated with contempt by the minister.
In her submission to the council, Letsoale said she was humiliated, questioned on TV and “felt sick and dizzy most of the time”. Her medical aid was depleted, and she spent thousands on strong medication.
Letsoale claimed Parktown Boys High principal Malcolm Williams had not been pushed to appear on television after pupil Enoch Mpianzi drowned at a camp in 2020. Nor had Laerskool Queenswood principal Rico Ludick, who had also failed to correctly authorise a school day trip to Wag ’n Bietjie Resort in Centurion where 12-year-old grade 7 pupil Latoya Temilton drowned in January 2024. Williams was dismissed six months after Mpianzi drowned but was reinstated after he took his case to the ELRC.
Arguing that she had been unfairly treated, Letsoale said pupils at her school were led to believe that she was suspended. And when a colleague she had worked with for many years died, she was barred from attending the funeral
Nchupetsang Inc Attorneys, tasked to investigate Temilton’s drowning, recommended that Ludick and some teachers be charged with misconduct for “providing dishonest and falsified information” to the department regarding the trip. However, Ludick remains in his position.
Arguing that she had been unfairly treated, Letsoale said pupils at her school were led to believe that she was suspended. And when a colleague she had worked with for many years died, she was barred from attending the funeral.
She asked to return to her school after the winter holidays as she knew her grade 12 pupils were battling, and she wanted to help prepare them for their matric finals but she received no response.
Letsolae said she had been forced to approach the ELRC as she was desperate to be allowed to continue doing what she loves.
Deputy chief education specialist in labour relations Peter Nkosi testified on behalf of the department that suspension protocols related only to junior staff, and it was standard for principals to be transferred to the district office during investigations.
He said Letsoale had never been suspended and was not given work due to health considerations and had been free to lay a complaint at the time. He said local communities were up in arms over the drownings, and it had been necessary to transfer Letsolae for her own safety and that of other teachers.
Arbitrator Mafani said it was clear that the department had failed to finalise the disciplinary inquiry within 90 days — despite 30 days regarded as a reasonable period of suspension pending a disciplinary enquiry.
“I therefore find that the applicant has successfully proven an unfair labour practice in this regard,” Mafani stated, pointing out that the 90-day period for concluding the disciplinary enquiry had lapsed on August 9 2024 without resolution.
She ordered the department to reinstate Letsoale.
Mabona said the disciplinary hearing against Letsoale was still pending and he could not comment on the matter or speculate on the outcome.
“The employee made a request for the matter to be heard as an inquiry by the arbitrator and the hearing is not yet concluded,” he said.
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