A Northern Cape teacher who was dismissed after he allegedly called two students kaffirs was unsuccessful in his bid to reclaim his teaching position.
Gerhard Louw sought relief at the Education Labour Relations Council (ELRC) after he was dismissed for misconduct for allegedly using a racial slur when addressing two black students.
Louw was dismissed in November 2024 following an accident which occurred during the winter school of that year.
The incident unfolded during the winter school programme in June 2024, when seven girls were relocated from the Northern Cape High School hostel to the Technical High School hostel in Kimberley
One of the girls, M, testified that a day after their arrival, Louw, who was the supervisor at the hostel, came out of his residence and was not pleased with the idea of having them staying the hostel.
She testified that Louw approached her while she was standing with R and accused them of tarnishing the school’s reputation and called them kaffirs. She stated that the encounter left them in shock, as they could not comprehend the aggression directed at them, as they had not provoked Louw in any way.
She further added that before walking away, Louw told R that, “Al kan jy my so kak kyk, jy kan my vokol maak nie,” translating to “Even if you can look at me like that, there’s nothing you can do to me.”
L, another student present during the incident, supported M’s account, confirming she heard Louw’s racial slur and his threats, which he made in front of his own wife.
In his defence, Louw argued that having girls in the predominantly male hostel was inappropriate and expressed frustration about their behaviour. While he did not recall using the racial slur, he did acknowledge being angry and admitted to the insulting comment about their conduct. However, he suggested that his wife and a certain Mrs Lith, could testify to his version of events, although neither was available to do so during the proceedings.
Evaluating the case, David Pietersen said the two learners gave credible testimonies without contradictions, which in essence made them reliable witnesses.
Meanwhile, Louw, on the other hand, was the only witness in his case, and no witnesses to corroborate his version.
“A mere denial by the applicant (Louw) is not enough to sustain a plea of not guilty when faced by allegations of this nature. The usage of the word kaffir is not just illegal and degrading to the humanity and dignity of the learners, but it reminds us of all of the horrible past of our country,” said Pietersen.
The commissioner added that if Louw was honest, he wife and Mrs Lith would not have deemed it troublesome for them to testify and to corroborate his version.
It was further noted that given Louw’s state of anger that day, and the vulgar language he used, it’s probable that he could have used the word ‘kaffirs’ as well.
“Why else would R give him a nasty look if he did not say something untoward to them?” asked commissioner Pietersen.
Pietersen said he was not persuaded by Louw’s defence that he did not utter the word ‘kaffirs’ to the two students.
As a result, Pietersen said Louw was fairly dismissed from his employment.
“His conduct on the evening of June 23, 2024, was despicable to say the least. I find the sanction of dismissal as a matter of last resort was appropriate under these circumstances,” added Pietersen.
sinenhlanhla.masilela@iol.co.za
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