A court has ordered an educator to pay R38,000 in maintenance after he impregnated a learner, pressured her to terminate one pregnancy, and infected her with HIV.
The case began in the Nkomazi Magistrates Court, Mpumalanga in 2022 when SECTION27, a public interest law centre, first consulted with the learner, who had been impregnated by her schoolteacher. He pressured her into terminating the pregnancy by ingesting rat poison. Despite this traumatic experience, 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 educator denied paternity and refused to provide maintenance. SECTION27 successfully obtained a maintenance order on 19 April 2023, making him legally responsible for the child's financial support. In January 2023, the South African Council of Educators concluded their investigation and held that the educator was guilty and should be struck off the roll of educators. It further ordered that the educator's name be placed on Part B of the National Child Protection Register. Since the educator had lost his job, he informed the learner that he would discontinue supporting their child and that she would not be entitled to future income that he might receive.
Interim interdict
In response, SECTION27 approached the Magistrate's Court urgently to interdict the educator's pension fund, as he was a government employee. The court granted an interim interdict, and the matter was postponed to 27 March 2023. On the day, SECTION27 appeared in court again, but a representative from the pension fund was not present to testify regarding the amount in the pension fund. The educator was instructed to submit the statement outlining the pension fund balance to the court.
At the next appearance on 3 April 2023, the educator provided the required statement, which allowed the court to proceed with the matter. SECTION27 informed the court that the learner, who is still in school, is not earning an income and living with her parents, both of whom are pensioners and unable to support the child financially.
Taking all factors into consideration, the court ordered that the educator be liable for R38,000 in future maintenance over the next two years and that he is also responsible for paying arrear maintenance, which has been outstanding since February 2023. The court ordered that the funds be paid immediately upon receipt and ordered that the parties return to court on 28 May 2023 to ensure that the educator has paid.
"This outcome marks an important victory for the learner, ensuring that the educator will be held accountable for his financial responsibilities toward the child," SECTION27 said in a statement. "We condemn in the highest regard sexual violence against learners in schools. Principals and educators have a duty to ensure that learners are kept safe and protect their right to education. In our efforts to fight the epidemic of sexual violence in schools, we conduct workshops on sexual and reproductive health rights to empower learners."
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