‘Using k-word is illegal': Northern Cape teacher fired for racist outburst loses reinstatement battle

He was dismissed last year after being found guilty at a disciplinary hearing of calling two African pupils the k-word.
A teacher in the Northern Cape has failed in his attempt to return to work after being dismissed for using a racial slur against two black pupils.
Gerhard Louw took the Northern Cape department of education to the Education Labour Relations Council, arguing that his dismissal was unfair.
At the time, Louw was employed at Technical High School Kimberley, where he taught technology and automotive subjects.
He was dismissed in November last year after being found guilty at a disciplinary hearing of calling two African pupils the k-word.
The arbitration proceedings were held on 8 April and 22 May.
Pupils testify after Northern Cape teacher appeals dismissal over k-word
During the hearings, the provincial department called two pupils to testify.
The first witness, a Grade 12 at the time of the incident, said she was among seven girls who were transferred from the Northern Cape High School hostel to the Technical High School hostel on the evening of 23 June 2024.
Upon their arrival, Louw – who was one of the supervisors at the hostel – emerged from his residence and expressed displeasure at the girls being relocated to 'his hostel'.
She testified that Louw conveyed his frustration to their driver, Mr Tshabalala.
After Tshabalala returned to the vehicle, Louw allegedly approached her and another pupil and accused them of tarnishing the school's reputation, then called them the k-word.
ALSO READ: Racism in schools: born-free generation faces lingering inequality challenges
She said that both she and the other pupil were shocked, as they had done or said nothing to provoke such language.
She also indicated that a third pupil might have overheard the incident.
The pupil added during cross-examination that they reported the incident to their families and the hostel's centre manager instead of Tshabalala, who was the groundsman and head of security.
Tshabalala later advised them to report the matter to the authorities once schools reopened.
The second witness, who was the third pupil mentioned, confirmed the first witness's testimony and added that Louw had yelled at the girls in the presence of his wife.
Northern Cape teacher denies using racial slur
Louw testified as the sole witness in his own defence.
He stated that at the time of the incident, the hostel was occupied by boys attending winter school and that he felt it was inappropriate for girls to stay there as well.
The teacher claimed to have warned the girls that they would be asked to leave if they did not behave.
Louw insisted he could not recall using the k-word.
He also contended that neither school management nor Tshabalala informed him of the allegations and he only became aware of the matter weeks later when he was served with legal documents.
READ MORE: Eastern Cape teacher fails to get job back after being fired for fabricating marks of 200 matric pupils
According to Louw, he never saw the girls again after the incident.
During cross-examination, Louw admitted to being angry during the interaction, but again denied using the racial slur.
He also said he could have called his wife and a second person to support his version of events, as they were present during the conversation.
Louw asked for reinstatement on the grounds of what he claimed was unfair dismissal.
Arbitrator upholds dismissal
In a 5 June ruling, the arbitrator found that the testimonies of the two pupils were credible and consistent, making them reliable witnesses.
'A mere denial by the applicant is not enough to sustain a plea of not guilty when faced by allegations of this nature.
'The usage of the word 'k****r' is not just illegal and degrading to the humanity and dignity of the learners, but it reminds us all of the horrible past of our country,' the award reads.
The arbitrator also pointed out that Louw agreed with almost every detail of the pupils' accounts, except the use of the racial slur.
'If the applicant was really truthful about this, surely his wife and Mrs van der Lith would not have deemed it troublesome to come to this council and to corroborate his version.'
Describing Louw's conduct as 'despicable', the arbitrator concluded that the teacher being fired was an appropriate sanction and 'a matter of last resort'.
Therefore, the dismissal was 'substantively fair'.
'In this democratic South Africa, people like the applicant are anti-transformation and should not be allowed near children and the good citizenry of our society.'
NOW READ: Can you get fired for being racist? Here is what employers and employees need to know

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

The Citizen

13 hours ago

• The Citizen

Mooiplaats home invasion ends in fatal shooting

A home invasion in Mooiplaats, East of Pretoria, on Friday, June 20, culminated in a shooting between security guards and suspects. According to police spokesperson Johan van Dyk, the events began when a resident heard his dogs barking outside and went to investigate at around 21:30. 'The man was approached by five adult African men armed with pangas,' Van Dyk stated. The men then attacked the victim. 'The suspects also forced entry into the homes of other tenants, attacking them and robbing them of a television and a cell phone. The suspects then fled the scene on foot.' While police did not disclose the extent of the victims' injuries, social media posts suggested they were severe. According to Van Dyk, private security in the area tracked the suspects into nearby bushes. 'Seeing that they were surrounded, the suspects allegedly attacked the security guards with the pangas. The guards retaliated, shooting two of the suspects. One died at the scene, while the other was rushed to a nearby hospital.' Van Dyk confirmed that police are investigating a case of house robbery, murder, possession of stolen property, and possession of house break-in tools. ALSO READ: Pretoria's Operation Shanela: 297 arrested in major crime crackdown Do you have more information about the story? Please send us an email to bennittb@ or phone us on 083 625 4114. For free breaking and community news, visit Rekord's websites: Rekord East For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading! Stay in the know. Download the Caxton Local News Network App Stay in the know. Download the Caxton Local News Network App here

IOL News

14 hours ago

• IOL News

South African engineers granted clemency by Equatorial Guinea's President

Minister of International Relations and Cooperation, Ronlad Lamola, welcomed Frik Potgieter and Peter Huxham home at Lanseria Airport with their families. Image: Supplied Minister of International Relations and Cooperation, Ronald Lamola, has confirmed that Teodoro Obiang Nguema Mbasogo, the President of Equatorial Guinea, has granted clemency for the two South African engineers imprisoned for drug trafficking charges two years ago. The families of engineers Peter Huxham and Frik Potgieter also expressed their relief and gratitude to everyone including the South African government for never giving up on their plight Department of International Relations and Cooperation (Dirco) spokesperson, Chrispin Phiri, said the release was a coordinated effort between the department, the families and their employer, SBM Offshore. 'The Government of the Republic of South Africa welcomes the release of Mr Peter Shane Huxham and Mr Frik Potgieter from detention in the Republic of Equatorial Guinea. This release follows the granting of clemency by the President of Equatorial Guinea,' said Phiri. The duo were arrested on February 9, 2023 on drug trafficking charges and were sentenced to 12 years' imprisonment. They were working offshore in the central African country, and the arrest came just two days after a South African court ordered the seizure of a super yacht, called Blue Shadow valued above R300 million, and two luxury villas belonging to vice president of Equatorial Guinea, Teodoro 'Teodorin' Nguema Obiang Mangue, the son of the president Mbasogo. "South Africa expresses its sincere gratitude to the Government of Equatorial Guinea for considering and ultimately granting this Presidential pardon, allowing Mr Huxham and Mr Potgieter to return home to their loved ones,' said Phiri. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading 'Since their arrest, the South African Government has remained actively engaged through diplomatic channels, including sending Special Envoys, to secure their release on humanitarian grounds. Throughout these sustained engagements, the Government consistently appealed for clemency, highlighting the humanitarian aspects of the case and the profound impact on the families of the detained. 'The Government of South Africa acknowledges the complexity of the matter, including its sensitive diplomatic and legal dimensions. It appreciated the Government of Equatorial Guinea's continued provision of consular access and the spirit of constructive diplomatic dialogue that has been maintained throughout this period." Shaun Murphy and Francois Nigrini, spokespersons for the families, said they were relieved. 'We are overwhelmed with relief and joy. The last two years and four months have been unimaginably painful for both of our families. Today, we are finally able to say: Frik and Peter are safely back home. 'The families expressed their deepest appreciation to everyone who worked tirelessly behind the scenes, including Frik and Peter's employer (SBM Offshore), the South African and UK governments, international diplomatic partners, parliamentarians, legal teams, Hostage International and other civil society organisations, and the media. They are also grateful to former Minister of International Relations, Naledi Pandor, and the current Minister, Ronald Lamola, who visited Equatorial Guinea as envoys for the President of South Africa, Cyril Ramaphosa. ' The families also thanked South Africans and everyone worldwide for signing their online petition which called for their release. Get your news on the go, click here to join the Cape Argus News WhatsApp channel. Cape Argus

IOL News

2 days ago

• IOL News

Why Pride Month is a protest for LGBTQ+ rights

Sandton Gay Pride went ahead as planned despite a terror warning by the US embassy in this file photo. South Africa is not only one of the only pro-queer African nations to date, but it is also the only country to have legalised same-sex marriage, and only the fifth in the world to have done so. Image: Timothy Bernard/African News Agency (ANA) IN South Africa, June is not only Youth Month, it is also the international Pride Month. This is a commemorative month-long observance dedicated to the celebration of LGBTQ+ pride, celebrating the contributions of lesbian, gay, bisexual, transgender and queer people in local and international cultures and communities. South Africa is not only one of the only pro-queer African nations to date, but it is also the only country to have legalised same-sex marriage, and only the fifth in the world to have done so. Although, contemporary, other African nations have decriminalised same-sex relationships, South Africa is the only nation to fully legalise and enshrine the protections of queer people under our Constitutional laws. Legal progress for South Africa's LGBTQ+ community has not translated into lived safety: violence against gay and queer individuals remains rampant. The names Siphamandla Khoza, Andile 'Lulu' Nthuthela, Nathaniel 'Spokgoane' Mbele, Lonwabo 'Jack', and many others, echo loudly in discourses around South Africa's homophobia and violences against queer communities. Mere months ago, fearless advocate for queer Muslims and the world's first openly gay imam, Muhsin Hendricks, was murdered in a targeted attack near Gqeberha on February 15th. The 57-year-old cleric ran a mosque in Cape Town intended as a haven for gay and other marginalised Muslims. The car he was travelling in was ambushed as he made his way to officiate an interfaith marriage — an act symbolic of his mission to build bridges in the face of hate. Mere months before that, the remains of Lazarus Ikaneng Thomas, a 50-year-old gay man from Galeshewe in Northern Cape, were found after he was mutilated in a targeted homophobic attack. It was reported that Thomas had been strangled and had acid poured all over his body. Thomas's death was not just a horrifying murder — it was a savage and deliberate act of hatred. It reflects the cruel, barbaric violence still directed at queer bodies in a country that claims to uphold human rights. South Africa is internationally revered for having the best Constitution in the world. It is oftentimes praised for its progressive legal framework: same-sex marriage is legal, discrimination based on sexual orientation is constitutionally prohibited, and LGBTIQ+ people are, on paper, fully protected citizens. Still, queer lives are targeted, violated, and taken — often without consequence. Violence against queer people persists not just because of hate, but because our systems allow it to happen without punishment, letting perpetrators walk free under the cover of institutional neglect. Pride Month is a time meant to honour resilience and demand justice for all, despite gender and sexual orientation. The brutal murders of Hendricks, Thomas, and so many other vulnerable victims' murders serve as a searing reminder of the gap between legal recognition and lived experience. Laws may exist, but they have little weight when queer people are afraid to walk home, afraid to love openly, or to simply exist in peace. The violence in our society is not random; it is enabled by societal apathy, cultural prejudice, and the failure of institutions that are meant to protect our people. Queer people in our society still face oppressions and unspeakable violences, to the point of being dangerously normalised. According to the Mamba Online, 622 queer people were murdered in the span of just three months. From hate crimes and violences such as corrective rape, to various forms of institutional biases, queer people grapple with challenges such as unemployment, gender pay parities, exclusion in leadership, and more, purely because of their sexual orientation. This, being imposed in a constitutional democratic society, is an absolute travesty. This Pride Month, South Africa must look inward. The problem is not a lack of solid legislation, it is the deep-rooted stigma that festers in families, in religious communities, in townships, in schools, and in our justice system. Police still mock victims of queerphobic violence, and even refuse to acknowledge them. The SAPS has, in the past, been severely criticised for its harsh, dismissive attitude towards homophobic crimes. Courts drag their feet, sidelining homophobic violence and atrocities for more sensational — often political — cases. In addition to this, only 28.6% of Home Affairs branches had marriage officers who were willing to marry same sex couples. This is deplorable and shows that our government institutions don't take constitutional rights seriously. Politicians pay lip service to inclusion while staying silent when queer people are brutally murdered. Pride cannot be reduced to rainbow logos and corporate hashtags; it must be a genuine call to action. The era of empty promises is long gone. Legal protections mean nothing without moral conviction. Equality can't be legislated into existence alone. Our nation must reckon with the values it claims to uphold and confront the prejudices it still tolerates in its homes, churches, schools, streets, and beyond. What is required now is transformation at the level of mindset, culture, and conscience. Until queer lives are valued not just in law books but in everyday interactions, in homes, and in the hearts of our fellow citizens, our democracy remains incomplete. Pride means nothing if it leaves the most vulnerable among us behind. South Africa's youth — particularly during Youth Month — are uniquely positioned to be the driving force behind real change. Unburdened by some of the rigid prejudices of older generations, many young people are boldly challenging homophobia, transphobia, and the silence that surrounds queer issues in their communities. From student-led movements, to social media activism, the youth are demanding that queer rights be treated not as optional, but as essential to a just and inclusive society. They are reshaping cultural norms, holding institutions accountable, and creating spaces where queer identities are affirmed rather than erased. In a country where legal protections already exist, it is this generational shift, powered by the courage, creativity, and a refusal to settle for performative partnerships, that can transform SA from just a nation of progressive laws into a truly liberated society. This was the very essence of the national liberation movement: freedom and the entrenchment of equal human rights across our entire society. It is Section 9 of our Bill of Rights that explicitly stipulates the right to sexual orientation and prohibits discrimination in its entirety. South Africa is the First Nation ever to enshrine these protections in the Constitution. South Africa's youth have always been at the forefront of change — from the June 16 Soweto Uprising to #FeesMustFall. Today, they continue to breathe life into our constitutional promises. Young people have an undeniable, unyielding sense of justice, and their commitment to queer rights is critical to the advancement of Pride in our post-democratic society. The youth are not only defending human rights in our society, but expanding the meaning of freedom for future generations. They are holding institutions accountable and demanding that the values enshrined in the Constitution become lived realities for all, including queer communities. In South Africa, everyone in our society knows the fight for freedom, human rights and true liberation — past and present. True Pride means more than survival. If Pride is to mean anything in South Africa, it must move all of us, from law to culture, from silence to solidarity. This means dignity, safety, and freedom for all queer people. We owe it to Hendricks, Thomas, and to the innumerable lives taken by rampant, inhumane queerphobia, to demand nothing less than true justice. It is evident that: 'To be yourself in a world that is constantly trying to make you something else is the greatest accomplishment.' Until South Africa confronts the hatred that lives beyond its laws, Pride will remain a protest, not a celebration. * Tswelopele Makoe is a gender and social justice activist and editor at Global South Media Network. She is a researcher, columnist, and an Andrew W Mellon scholar at the Desmond Tutu Centre for Religion and Social Justice, UWC. The views expressed are her own. ** The views expressed here do not reflect those of the Sunday Independent, IOL, or Independent Media. Get the real story on the go: Follow the Sunday Independent on WhatsApp.