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A teacher who severely assaulted her colleague was fired.
- The Education Labour Relations Council has upheld the Western Cape Education Department's decision to fire a teacher who assaulted a colleague.
- The teacher, Lulama Gagela, took the department to the council claiming the dismissal was unfair.
- Gagela was found to have severely assaulted a colleague, who had to have multiple surgeries and was out of work for six weeks.
The Education Labour Relations Council has upheld the Western Cape Education Department's decision to fire a teacher who severely assaulted her colleague, leaving her injured and semi-conscious. The victim's 3-year-old child witnessed the attack.
The teacher, Lulama Gagela, who has a history of violence, took the matter to the council, claiming the dismissal was unfair.
However, the council arbitrator, Arthi Singh-Bhoopchand, said the department had dismissed Gagela to protect the school's best interests and the learning environment.
"It is evident that this is not the first time that the applicant [Gagela] has transgressed. It is unlikely that training and instruction will result in her not repeating the misconduct.
"The misconduct is in any event too serious given that it impacts on the safety of fellow educators," said Singh-Bhoopchand.
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According to the council, both Gagela and her colleague, identified only as Ms Sonkqayi, worked at Khayelitsha Special School - a facility for children with special education needs.
Gagela, a traditional healer, is a qualified sangoma and Sonkqayi was an initiate under Gagela's tutelage.
On 14 August 2022, Sonkqayi went to Gagela's house. Later, Sonkqayi wanted to leave but Gagela said she must stay longer.
When Sonkqayi again said she wanted to go, Gagela said she tried to stop her from leaving by holding her hand.
However, according to Gagela, Sonkqayi pulled her dreadlocks and she fell.
Gagela said Sonkqayi hit her, pulled her beads from her neck, threw her beads away, and left.
Gagela claimed she later went to Sonkqayi's house to ask why she beat her.
She said Sonkqayi picked up an iron rod and hit her on her left foot.
In turn, she beat up Sonkqayi with the rod and her hands in self-defence.
In Sonkqayi's testimony, however, she said she was bent over the stove when Gagela suddenly appeared behind her and began beating her with an iron rod.
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She said she was assaulted in front of her child, who was left traumatised.
She said Gagela hit her head, jaw, ribs, and fingers with the rod, fracturing her fingers and jaw.
Singh-Bhoopchand said Sonkqayi was referred to the Tygerberg Hospital for specialised surgery to her jaw.
The arbitrator said in her ruling:
Plates and screws had to be inserted into her jaw during the surgery. She also had many lacerations, which were stitched. She was [booked] off work for six weeks.
The matter was also reported to the police, and a criminal case was under way. The department fired Gagela, but she took the dismissal to the council, claiming the procedure had been unfair.
In her testimony, Sonkqayi said she would not feel safe at school if Gagela was reinstated.
She also said she would not recommend that Gagela be transferred to another school as she considers her to be dangerous.
According to Sonkqayi, Gagela was prone to fits of anger which led to her becoming violent and had previously attacked another teacher who was her senior.
In her ruling, Singh-Bhoopchand said Gagela's dismissal had been procedurally and substantively fair.
"Her conduct is unbecoming of an educator. It does not matter that the assault took place outside of school. The assault was perpetrated on a colleague, and this is bound to impact work relationships," Singh-Bhoopchand said.
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