MASERU – THE acting principal of Iketsetseng Community English Medium School is battling serious allegations of sexual harassment levelled against him by three teachers.
The applicants, Matšeliso Morake, ‘Malerato Motsamai and ‘Mamohau Hoodi told the High Court on Tuesday that Sekhonyana Nkuatsana had sexually harassed them and when they complained, he went on to suspend them from their jobs with immediate effect.
Nkuatsana has denied the charges and has instead accused the teachers of embezzling school funds. The matter is before Justice Tšeliso Monaphathi.
In her affidavit seen by thepost, Morake said the charges of misconduct which Nkuatsana had levelled against them “are a fabrication and are merely intended to harass us as applicants because we have objected to (his) acts of sexual harassment against us”.
Morake said Nkuatsana subjects teachers under his authority “to sexual harassment evidenced by the making of sexual advances through the use of indecent words and innuendos”.
She also alleged that Nkuatsana would sometimes force them to kiss him against their will. He would also fondle their buttocks, she said.
Teachers who refused to succumb to his advances are “subjected to unbearable further acts of harassment and working conditions” until Nkuatsana drives them out of the school through fabricating false disciplinary charges.
Morake cites a teacher, Thato Mokete, who she says was “continuously harassed sexually”, adding that Nkuatsana had promised her a job in exchange for sexual favours.
She alleged that Mokete would receive WhatsApp text messages from Nkuatsana at night which were of an indecent nature.
“When we entered his office, he would touch our buttocks and even force us to kiss him and tell us how to dress to appear attractive to him,” she said.
They alleged Nkuatsana would even expose his genitals to her through WhatsApp messages, all in an attempt to have sex with her.
When Mokete spurned his sexual advances, Nkuatsana engineered her dismissal from the school, she alleged.
“(Nkuatsana) ruined her life through the imposition of an unlawful dismissal,” she said.
She said she was also a victim of such treatment.
“(Nkuatsana) would caress my buttocks when I was in his office and made inappropriate comments about my clothes and body and he had in fact propositioned a love affair to me which I adamantly refused,” she said.
She also alleged that the suspension and disciplinary charges levelled against her were driven by malice since she had applied for the vacant post of principal at the school.
“The suspension is a ploy to deny us the opportunity to participate in the interview,” she said.
In his answering affidavit, Nkuatsana said the court lacks the jurisdiction to deal with the matter and should have referred the alleged sexual harassment matter for arbitration or to a conciliation board.
He said the teachers had made serious allegations against him which are of a criminal nature.
“I have been advised that the said interdicts made a determination that we are indeed guilty of those offences hence the interdict against us. The court definitely did not have the jurisdiction to make such an order in the absence of a declaration of guilt from a competent court or institution,” he said.
He said as principal, he was responsible for the discipline of teachers under his supervision.
“I am also permitted under the Education Act 2010 to discipline teachers under my supervision. I am also permitted by the Codes of Good Practice, Part III under section 6 (1) to suspend a teacher pending investigations of any matter against a teacher.”
He asked the court to dismiss the application by the teachers.
“The applicants ought to have appealed to the Teaching Service Tribunal if they were dissatisfied with their respective suspensions and not come to this honorable court by way of review at this stage,” Nkuatsana said.
“Consequently, I aver that this review application is misconceived and ought to be dismissed even on this ground alone.”
Nkuatsana said the court did not have any jurisdiction to interfere with the proceedings of the school let alone stay the suspension of the teachers pending finalisation of the matter.
’Malimpho Majoro
