Maria Amakali
A teacher who was discharged from public service for allegedly having a romantic relationship with a pupil in 2018, says he was coerced into admitting guilt. Joseph Germanus (29) is currently before the Oshakati High Court where he is fighting for the court to review and set aside the labour court’s decision to discharge him from public service.
He further seeks for the court to revert the matter back to the Office of the Labour Commissioner. In oral arguments, his lawyer, Slogan Matheus argued that towards the end of 2018, Germanus was summoned to the principal’s office of Oshimbode Combined School over allegations of him being in a romantic relationship with a grade 10 pupil.
He had denied the allegations. He was allegedly informed that as a compromise, he should admit guilt and the matter will end there and then.
This allegedly led to him unfairly being dismissed. “The appellant (Germanus) was advised by the school principal to plead guilty to the charges and that the school principal would deal with the matter by notifying the regional education directorate that the matter has already been resolved by the school board and the appellant was issued with a warning,” explained Matheus.
He said Germanus signed the charge sheet and admitted guilt without knowing the charges. But, on 28 January 2019 Germanus was charged with one main count and two alternative counts of misconduct in terms of section 26 (1) read together with section 25 (1) of the Public Service Act (Act 13 of 1995). The offence was allegedly committed between January and October 2018.
Matheus claims Germanus could not have possibly committed the offence as he only started working as a teacher on 2 March 2018 and the alleged misconduct started in January 2018.
Ndiriraro Kauari, representing the education ministry, said the court should dismiss Germanus’ application as he failed to follow proper court procedures.
Kauari said despite the arbitration award having been issued on 18 September, Germanus only lodged an appeal three months and 18 days after. He allegedly failed to give a reasonable explanation the gap delays from 22 September 2020 to 17 March 2021. In addition, he has failed to demonstrate that if the matter is remitted to the Labour Commissioner, he stands a good chance of winning.
“But none the less, even if that event there exist good prospects on success, the non-compliance and late filing of the appeal is submitted to be gross and prospects of success are not decisive in this case,” explained Kauari. The hearing is currently ongoing before Judge Orben Sibeya.
-mamakali@nepc.com.na