‘Allegations would destroy his career’: Teacher accused of sending porn videos to pupil cleared
· Citizen
A secondary school teacher in Gauteng has been acquitted of sexual misconduct after an arbitration process at the Education Labour Relations Council (ELRC) found insufficient evidence to support claims that he sent pornographic material to a pupil.
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The case, brought by the Gauteng Department of Education, centred on disputed versions of events, conflicting timelines, and questions over who had control of the teacher’s mobile phone at the time of the incident.
The provincial department pursued disciplinary action and charged M Nteka with sexual misconduct, alleging that he sent two pornographic videos to a student via WhatsApp in February 2026.
Illness and hospitalisation
At the centre of the teacher’s defence was the claim that he was incapacitated at the time of the incident.
During the arbitration proceedings, Nketu testified that he left the school premises around 2:30pm on 20 February and was admitted to a hospital after he became suddenly ill.
Prior to this, the teacher claimed he called his neighbour and cousin, Andrew Motshwane to assist him in seeking medical attention.
The pair took a taxi to the hospital, where Nketu remained hospitalised over the entire weekend and was discharged only on Tuesday the following week.
He alleged that while at the hospital, Motshwane was in possession of his phone given his dazed condition.
Motshwane then used the device to send the videos to the pupil, who received the messages on WhatsApp at 3:06pm.
Nketu himself admitted that the message originated from his phone, but denied sending the videos.
Motshwane conceded that he sent the videos, however, he claimed he did so at 5:00pm instead.
He also explained that he mistakenly sent them as he believed he was communicating with his own girlfriend.
Gauteng education department rejects version of events
The Gauteng education department rejected the defence narrative, saying both accounts were unreliable.
The provincial department argued that the teacher was not ill when he left school, adding that medical records only an showed an emergency-room visit on 23 February.
Nketu’s written apology and prior verbal admission also constituted evidence of guilt.
According to the department, Motshwane was not a credible witness because the time he claims to have sent the videos contradicted the time when the pupil received the messages.
Inconsistencies between the versions of Nketu and Motshwane regarding their relationship, how they came together on the day in question, the teacher’s medical condition and when the phones were handed over was further placed in the spotlight.
ELRC findings
ELRC arbitrator Mark Andrew Hawyes found that Nketu had submitted supporting documentation, including hospital admission and treatment records that verified the sequence of events.
These records were not disputed by the department.
“The hospitalisation records confirm Mr Nketu’s physical incapacity and location, rendering his personal transmission of the message impossible on the established timeline,” the arbitrator said in a 10 June ruling.
Hawyes agreed with the department about Motshwane’s testimony, describing him as a “poor witness”.
He pointed out that although contradictions in the versions of Nketu and Motshwane undermined their credibility, the department’s witnesses largely relied on hearsay rather than direct evidence.
He also expressed concern that the school principal attempted to access Nketu’s medical records through questionable or improper methods.
“The principal’s conduct in obtaining hospital records without the patient’s knowledge is itself indicative of an overzealous approach that has contaminated the employer’s fact-finding.”
No direct proof of intent
The arbitrator further observed that no forensic material was submitted to demonstrate that Nketu had the pupil’s contact saved, nor was there any evidence of prior inappropriate exchanges or grooming behaviour.
“Thirdly, there is no direct evidence of sexual intent.”
After evaluating all evidence, the ELRC concluded that the threshold for proving sexual misconduct had not been met.
Nketu was, therefore, found not guilty.
“The allegations against him are grave and, if sustained, would destroy his career, his dignity, and his livelihood. The evidence simply does not support such a devastating outcome.”