- A teacher, who sexually assaulted a boy at a Cape Town school in 2017, has been sentenced to five years in prison.
- Ayanda Ntuthu continued to teach at the school for most of the past five years.
- The boy he assaulted remained a pupil at the school during this time and the education department did not charge Ntuthu.
Ayanda Ntuthu, who sexually assaulted a boy at Thandokhulu High School in Mowbray, Cape Town, in 2017 has been sentenced to five years in prison. His name will also be added to the National Register for Sex Offenders, the Wynberg Magistrate's Court heard on Tuesday.
This is more than five years after the assault and, for most of that time, he has continued teaching at the school.
Ntuthu was found guilty of two counts of sexual assault on 18 March.
On Tuesday, he was sentenced to five years' imprisonment for each count, and these will run concurrently.
While delivering the sentence, the magistrate, Nontuthuzelo Ralarala, said the court needed to regard Ntuthu's personal circumstances, the seriousness of the offence, and the interests of society.
Ralarala said:
In its submission, the defence told the court that Ntuthu, 43, has a three-year-old child, and that he financially supports both the child and the mother, who live in the Eastern Cape.
He also financially supports his older sister, 49, who is unemployed.
A report by a probation officer recommended that Ntuthu's sentence be suspended "because he does not pose a threat to society and is not affiliated with any gang", the court heard.
"The court cannot agree with this," Ralarala said. "Although a suspended sentence and rehabilitation are recommended, the court finds that it will not fit the nature of the crime. Imprisonment will fit the crime, the interests of society, and make you (Ntuthu) a better citizen and better role model for your child."
Ralarala also recommended that the judgment be sent to the Department of Basic Education.
During the hearing, the defence argued for a non-prison sentence, while the State argued for Ntuthu to be imprisoned.
Defence's plea
Ntuthu's lawyer, who refused to give GroundUp her name, asked the court to consider that two households are dependent on Ntuthu's salary.
She also asked the court to consider that Ntuthu had no previous convictions of a similar nature (sexual assault) and that he only had one traffic offence for driving under the influence in 2018.
The defence argued that Ntuthu was a "suitable candidate" for correctional supervision as this sentence would prevent him from re-offending, and allow him to contribute to society and take care of his responsibilities.
Position of trust
In its submission, Xolani Ncobo, for the State, told the court to consider the nature of the offence and the interest of society.
"This is a very serious offence," Ncobo told the court, "it involved a learner and that learner is a child."
He said the court had a duty to protect the vulnerable in society, particularly women and children.
Ncobo told the court:
He said although the State was cognisant of Ntuthu's responsibilities for taking care of his child, the child's mother and his older sister, the court needed to consider what was in the best interest of society.
Ncobo argued for an adequate prison sentence to "prevent a situation where society takes matters into their own hands".
He said Ntuthu's sentence also needed to deter would-be offenders, and instil confidence in society that sexual assault was not tolerated.
In its final argument, the State told the court the victim was still affected by the incident.
Citing the victim impact report, Ncobo said the assault negatively affected the pupil's emotional, social and scholastic functioning. He also struggled to trust people, the court heard.
In spite of the assault, the pupil said he felt empowered by how his peers showed their support by attending court hearings and marching outside the court, Ncobo said.
Victim's family relieved
Outside the court, the pupil and his aunt expressed their joy at the sentencing.
The pupil's aunt, who did not wish to be named, said the family was relieved.
She said the incident happened while the boy was still mourning the loss of his mother, who passed away in 2016 – a year before the sexual assault.
"He was traumatised. People struggle to believe that this happened because it involved a boy and a man. But I'm relieved because the State did the work," she added.
Ntsiki Dlulane, of Equal Education, welcomed the sentence, and said she hoped the education department would not allow Ntuthu to ever teach again.
"We hope that the family feels that justice has been served. Young people and children should feel safe at school," she said.
Ntuthu's family refused to comment.
GroundUp has tried to follow this case since 2017. You can find our reports here.