Times Of Swaziland: PUPIL (15) FOUND IN TEACHER’S HOUSE

PUPIL (15) FOUND IN TEACHER’S HOUSE
================================================================================
BY THEMBINKOSI MAVIMBELA AND MBONGISENI NDZIMANDZE on 21/02/2019 08:57:00


ELANGENI – A teacher who was allegedly found in his house with a 15-year-old
pupil who had been reported missing from her home has been charged with rape,
granted bail and suspended from work.
Mbongeni Simelane, a teacher at Elangeni High School, was arrested in a dramatic
fashion which saw police officers pouncing on him in the middle of the night.
During his arrest, Simelane was allegedly found in the company of the minor, who
at the time of disappearing from her home, was in Form II at the same school.
Narrating what transpired on the day of his arrest when applying for bail, the
teacher said police descended at his house in the company of the minor’s
parents. He alleged that police did not want to hear anything about his side of
the story as he tried to share certain information with them. He disputed that
he had sexual intercourse with the minor and that he was in a relationship with
her.
Simelane alleged that he only assisted the minor with a place to sleep after he
met her at around 9pm on the day of the arrest. He alleged that the minor said
she had no place to sleep but did not reveal to him why she was not at home at
that time of the night. He alleged that the pupil kept on crying.
According to Simelane’s charge sheet, he allegedly had sexual intercourse with
the minor without her consent. The charge sheet states that the alleged offence
was accompanied by aggravating factors. It was alleged in the charge sheet that
the accused exposed the minor to the risk of contracting sexually transmitted
infections, including HIV/AIDS.
Charged
Simelane was charged with violating Section 3(1) of the stinging Sexual Offences
and Domestic Violence Act, 2018. According to the aforementioned sections, “A
person who rapes another commits an offence of rape and, for purposes of this
Act, the offence of rape is committed either by a male or female person against
another.”
The Act, in the subsequent section, defines rape as an unlawful sexual act with
a person.
Simelane was granted E50 000 bail by Judge Mumcy Dlamini. He was, however,
ordered to pay E5 000 and provide surety for the balance.
The pupil who is the subject of the matter, disappeared from home and was
reported missing by her guardians.
According to a report that was circulated by the Royal Eswatini Police Service,
the pupil went missing from her home in the Lubombo Region. Police also said the
minor was staying around Lobamba.
Chief Police Information and Communications Officer Superintendent Phindile
Vilakati was quoted to have said the minor was last seen wearing black jeans, a
grey sweater and black and white sneakers.
Fighting his legal battles was not the end for Simelane as on January 21, the
Acting National Commissioner of Police wrote a memorandum to the TSC informing
it about what he allegedly did. The acting NATCOM informed the commission that
Simelane was arrested and charged with alleged rape on December 6, 2018 and
appeared before the Mbabane Magistrates Court the next day.
The TSC in a letter to Simelane, which reporters from this publication have
seen, suspended the teacher with immediate effect (February 4, 2019).
The TSC stated that this was in terms of Regulation 15(4) and Regulation 18 of
the Teaching Service Regulations of 1983.
Regulation 15(4) of the Teaching Service Regulations reads, “If a manager
considers the misconduct alleged against a teacher to be of a serious nature, he
may suspend the teacher from service pending a decision by the commission
thereon.”
Meanwhile, Regulation 18 states that a teacher charged with a criminal offence
shall be suspended from duty by his or her manager who shall in turn refer the
matter to the commission for its consideration.
Portion of salary
It goes on to state that the suspended teacher shall receive a portion of his
salary not exceeding one half of his full salary as the commission may
determine.
Should Simelane be convicted on the charges levelled against him and sentenced
to imprisonment exceeding three months or a fine exceeding E100 or both, the
commission will terminate his appointment.
This is per Regulation 18(4) which also states that the fired teacher shall not
be re-employed into the service before the expiry of 12 months calculated from
the day the sentence was passed.
Simelane is not the first teacher to be accused of engaging in an inappropriate
relationship with a pupil as another one was charged with the same last week
after he was found half naked with a pupil at Mhlatane High School.
The girl who was found in a compromising position with the teacher was believed
to be around 20 years of age and was in the upper grades at the same school.