KZN teacher fired for abusing authority to get girl pupil’s phone number

A KwaZulu-Natal teacher has been dismissed after an Education Labour Relations Council (ELRC) arbitrator found that he abused his authority in an attempt to get a grade 12 pupil’s cellphone number.

The finding, issued on Tuesday by ELRC arbitrator Prathima Jairajh, was that Mphumeleli Ludwick Ndlovu, a teacher at a high school in Umlazi, was guilty of misconduct.

Ndlovu was initially charged with sexual misconduct after the pupil, known as Learner A, who was 17 in 2025, alleged that he repeatedly summoned her to the staff room where they were alone, asked for her cellphone number, questioned her about whether she had a boyfriend, told her he wanted her to be his wife and looked at her body in an inappropriate manner.

The pupil testified that in the second term of 2025, Ndlovu summoned her to the staff room after signalling to her while pupils were returning to class. She stated that they were alone in the staff room when he requested her cellphone number.

“She refused to provide it and asked why he wanted it. According to her, Mr Ndlovu replied that she would find out later, after which she left the staff room,” the arbitrator said in summarising the evidence of the pupil.

The pupil testified that on a subsequent occasion, she again refused to provide her cellphone number and suggested that he obtain her mother’s number if he wished to contact her.

The pupil testified that Ndlovu told her that she was “playing hard to get” and threatened that if she did not provide her number, he would have her removed from the school because he knew about her alleged “shenanigans”.

“She denied any wrongdoing and told him that if he knew of any misconduct, he should report it to her mother,” the arbitrator said.

The pupil testified that she became afraid of Ndlovu and stopped attending school because she feared what he might do to her and believed that her complaint would not be taken seriously.

Ndlovu pleaded not guilty and denied asking for the pupil’s number, asking about her relationships, making inappropriate advances or looking at her sexually.

Ndlovu testified that during assemblies and prayer meetings, he regularly reminded pupils that earrings, bangles, coloured jerseys and short skirts were prohibited.

Ndlovu said when the pupil wore earrings or a short skirt, he would call her aside, explain that the items contravened the school rules and confiscate the earrings. He testified that these disciplinary interventions resulted in arguments between himself and the pupil.

The arbitrator found the pupil’s evidence credible and consistent on the material aspects of her allegations.

The arbitrator said the undisputed evidence established that the pupil absented herself from school during her grade 12 year, failed to complete all her June examinations and only returned after considerable intervention by the newly appointed principal.

“It is inherently improbable that a grade 12 learner would jeopardise her education, remain absent from school and risk her academic future merely to pursue a fabricated complaint against an educator. Her conduct is consistent with someone who genuinely feared returning to school,” Jairajh said.

She said although the evidence did not establish that the employee expressly stated that he wanted Learner A to become his wife, the evidence established that the teacher repeatedly summoned the pupil when they were alone, requested her cellphone number, asked her about her boyfriend and looked at her body in a manner she perceived as sexual and inappropriate and which caused her genuine distress.

She said the evidence did not establish that Ndlovu touched the pupil, attempted to touch her or sexually assaulted her.

Instead, Ndlovu was found guilty of the alternative charge under section 18(1)(q), which covers conduct by an educator while on duty that is improper, disgraceful or unacceptable.

“The misconduct is particularly serious because the respondent occupied a position of trust over a vulnerable learner,”Jairajh said.

She said teachers stand in the place of parents while pupils are in school and are expected to maintain strict professional boundaries at all times.

“They are expected to safeguard learners’ physical and psychological wellbeing and to provide a safe educational environment.”