A Gauteng school principal’s attempt to overturn her dismissal at the Education Labour Relations Council (ELRC) was unsuccessful after she lost her job when two boys drowned during an unauthorised school trip.

The two pupils, Siphamandla Peterson, 15, and Sibusiso Sibiya, 17, from the Daveyton Skills School drowned during a discipline camp at Rock Falls Adventure Ranch in Centurion in April 2024.

.Bertha Gertrude Nomathemba Letsoele was accused by the Gauteng Department of Education (GDE) of failing to follow established procedures for taking learners on excursions, despite her awareness of these protocols.

In March 2025, disciplinary proceedings began against Letsoele. Initially, she denied the charge but later admitted to breaching regulations by not seeking approval for the school trip.

Despite claiming remorse, Letsoele maintained during her mitigation that she was unaware of the employer’s policy or the regulation requiring written permission for the trip.

Arbitrator M.J. Siavhe referenced a Supreme Court of Appeal ruling, State v Phakamani Nkunkuma, in which it was held that:

“In order for the remorse to be a valid consideration, the penitence must be sincere, and the accused must take the court fully into his or her confidence. Until and unless that happens, the genuineness of the contrition alleged to exist to exist cannot be determined. After all, before a court can find that an accused person is genuinely remorseful, it needs to have a proper appreciation of, inter alia, what motivated the accused to commit the deed, what has since provoked his or her change of heart; and whether he or she does indeed have a true appreciation of the consequences of those actions,” read the judgment.

Siavhe noted that Letsoele did not provide any explanation for committing the offense, nor did she offer reasons for her decision to change her plea.

“The tears she is shedding are crocodile tears. That by itself makes me conclude that the remorse she is claiming is cosmetic, it is not genuine,” said Siavhe.

It was further held that Letsoele’s offense was severe, as two lives were lost during the incident. As a result, her previously clean disciplinary record, long service, and status as a first-time offender cannot be considered mitigating factors in this case.

“The employee should have known better as a school principal. Finally, there was nothing on the part of the employer that compelled her to disregard the applicable regulations. The employees’ infringement deprived the employer opportunity to take preventative action to address the possible risks,” said Siavhe.

Siavhe said it would be unfair and unreasonable to expect the department to retain an unrepentant employee like Letsoele, thereby exposing the company to risk.

“In light of the aforesaid and in the totality of all circumstances including the aggravation arguments of the employer, I am left with no other alternative sanction other than to summarily dismiss BGN Letsoele,” added Letsoele.

sinenhlanhla.masilela@iol.co.za

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