A KwaZulu-Natal maths and science teacher is going ahead with a maths and science boot camp for pupils this week, despite being dismissed by the education department for sexual misconduct and ruled unfit to work with children.
Khangelani Sibiya, 39, who has more than 250,000 followers on social platforms TikTok and YouTube, runs a boarding facility for children who attend schools in Richards Bay, as well as a private tutoring business in various areas of northern KwaZulu-Natal .
Sibiya was dismissed as a teacher after an Education Labour Relations Council (ELRC) hearing on April 8 found him guilty of two counts of sexual assault — and directed he be listed on the Child Protection Register.
Individuals listed on the register are banned from working with children in various capacities, including managing or operating child-related institutions, working with children in such institutions, or becoming foster or adoptive parents.
Sibiya claims the charges were a “fabrication brought about by competitors in the mathematics field who cannot match his prowess”.
At the ELRC hearing, Sibiya faced six counts of sexual misconduct for incidents alleged to have taken place between 2019 and 2022 at Mnotho Primary School and at the Wild en Weide boarding facility, which is owned by Sibiya and his wife.
The complaints were from three teenagers. According to the ELRC charge sheet, Sibiya tried to kiss them, touch them or show them pictures of his private parts.
The hearing included testimonies from two alleged victims and other witnesses — including the parents of one of the pupils. Charges related to the third victim were later dropped due to lack of evidence.
While the ELRC ruled against him, a criminal case involving the same incidents was withdrawn in the Richards Bay regional court.
According to National Prosecuting Authority’s KwaZulu-Natal spokesperson Natasha Ramkisson-Kara: “The NPA can confirm the charges against the accused (Sibiya) were provisionally withdrawn on March 26.
“On the date of appearance, the witnesses — who were subpoenaed — failed to attend court. The state applied for further postponement; however, the court refused further postponement, thus resulting in the provisional withdrawal of the charges,” Ramkisson-Kara said.
Sibiya and his lawyer, Chris Gasarasi, were in Durban on Friday to finalise a legal challenge against the ELRC report and findings.
Gasarasi said the case was withdrawn because the State had “failed to secure witnesses, despite being given more than three opportunities by the court to do so”.
“Some of the alleged complainants approached us, admitting they had been manipulated into opening the case against my client. They sought assurances he would not pursue them in court. We provided those assurances.”
Gasarasi said they would now focus on challenging the ELRC’s findings and sanctions.
“ We are definitely challenging this report because it was a miscarriage of justice. It was clear from the outset that the purpose of the hearings were to find him guilty at all cost.
“The evidence relied upon is flimsy and we are challenging it in the high court so that my client (Sibiya) can clear his name,” he said.
Sibiya said certain officials in the KwaZulu-Natal education department were not happy about the success of his private institution.
His institution — KWV Maths and Science Tutoring — has hundreds of pupils and 21 teachers. .
Sibiya’s organisation conducts maths and science boot camps aimed at helping students from Model C and township schools to excel in these subjects. He plans to hold another — from today to Saturday (May 3).
One parent, who asked not to be named, said her 17-year-old daughter was lodging and learning at Sibiya’s Wild en Weide boarding facility.
“My daughter is studying there because she didn’t get good grades in her matric exams and she was rejected by the university ... I heard about the allegations against Sibiya, but to me he is not a sex pest or a threat to our children,” she said.
However, Bernice Loxton, media and research manager at ELRC, maintains Sibiya should not be teaching or engaging in any activities that place him in proximity to children.
“No, he cannot teach or work with learners in any school. In line with our processes for dealing with sexual misconduct cases, we sent the award to the department of social development for his name to be listed in the Child Protection Register.
“ As far as ELRC is concerned, Mr Sibiya has been dismissed as a teacher,” Loxton said.
The KwaZulu-Natal education department warned parents against sending their children to Sibaya’s facilities after he was dismissed as a teacher.
According to department spokesperson Muzi Mahlambi: “The issue of this guy is not new ... we once issued a statement distancing the department from his practice ... We found him guilty and dismissed him.”
“Criminal cases should be levelled against him for this is private practice and parents take their children there; we warned them against this and still are warning them,” Mahlambi said.
Cecile de Villiers, a labour law expert and lecturer at the University of the Cape Town, said a lack of co-ordination among role players made it difficult to address cases involving sexual misconduct by teachers.
“ I found fragmentation in legislation results in a lack of co-ordination between role players on two levels. First, in preventing sexual misconduct by teachers at schools, and secondly, in addressing it once it has occurred,” she said.
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