SIBASA - The principal of Phaswana Secondary School, Mr Gerson Boy Muthaphuli (57), is a happy man. The reason for his happiness is that he has been reinstated as the headmaster for the school, after he had been dismissed from work in October last year.

The reason for his dismissal was that he allegedly had a sexual relationship with a learner of the school. Muthaphuli was suspended from work with full pay early last year, pending the finalisation of a case of alleged misconduct.

The case was finalized in October and Muthaphuli was found guilty as charged and dismissed from work. Realising that the odds were all against him, Muthaphuli decided to take the matter for arbitration. The matter was first scheduled for April 26 this year, the day on which it was postponed to June 8, when the case was finally resolved.

The arbitrator heard that Muthaphuli had not been afforded the right to be represented by a representative of his choice during the departmental disciplinary hearing. The girl with whom Muthapuli was said to have had the sexual relationship, also testified during the arbitration process. The girl told the arbitrator that she had been forced by her parents and a departmental official to open a case of rape and lie that she had been involved sexually with Muthaphuli.

The matter was referred to the police and Muthaphuli was arrested and charged with rape. He was, however, not found guilty and was discharged.

The girl also told the arbitrator that she regretted having placed Muthaphuli in the position he was in at that stage and that she had already conveyed her apology to him. She further testified that all she had said previously were lies to implicate Muthaphuli as revenge for his threats to chase her from school.

Both the girl’s mother and the departmental officer, who testified against Muthaphuli during the departmental disciplinary hearing, were not present during the arbitration.

The information that the arbitrator was given was that the girl’s mother had disappeared the morning she was to be picked up to Polokwane to testify in the arbitration, while the official declined to participate in the arbitration and gave no reason for the refusal.

"The respondent is hereby ordered to reinstate Gerson Boy Muthaphuli to his position on terms and conditions not less favourable to those that existed prior to his dismissal on 1 October 2003. The respondent is also ordered to pay the applicant his lost salary for the period of his dismissal (1 October 2003 to June 15, 2004) being the date on which the applicant in terms of this award is ordered to resume his duties," reads an extract from the arbitration award.

In an interview with Mirror, Muthaphuli stated that he had known all along that the department was at fault and that he would go back to his post one day.