The Western Cape education department was directed to pay the principal for the financial loss resulting from the demotion.
A primary school principal in the Western Cape who was demoted for calling his deputy a “kwedini” (small boy) and threatening to hit him has been reinstated following a successful appeal.
Earlier this year, Mvuysi Stanley Damba was demoted to a teaching position at Sobambisana Primary School in Khayelitsha.
The disciplinary action followed an incident in which he allegedly threatened to assault the deputy principal.
Damba, who has served at the school since 1993, was found guilty on two counts of misconduct despite his absence from two scheduled disciplinary hearings.
He later challenged the decision, taking the Western Cape Department of Education to the Education Labour Relations Council (ELRC), claiming the demotion was unfair.
The arbitration proceedings took place on 16 April and 4 June.
Western Cape primary school principal salary reduced
During the hearings, it was revealed that on 19 July last year, Damba referred to his deputy, Z Bonani, as a “kwedini” in front of other staff members.
He also allegedly pushed Bonani against a wall and threatened to hit him.
Although Damba was not suspended, a disciplinary hearing was scheduled for 5 December.
The principal did not attend, despite being on school premises at the time.
He instead submitted a medical certificate stating he was on approved sick leave from 4 to 13 December 2024.
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The hearing was postponed to 21 January this year, but again, Damba failed to appear, stating he was on family responsibility leave.
The hearing proceeded in his absence, and Damba was demoted, resulting in a salary reduction from R71 931.50 to R33 777.55.
He appealed to the ELRC, seeking to have the demotion declared an unfair labour practice and to be reinstated.
Principal’s testimony
Damba gave virtual testimony, claiming that his working relationship with Bonani had been strained.
The principal alleged that Bonani failed to follow instructions and negatively impacted the school’s performance.
He said he had tried to address Bonani’s conduct, but with little success.
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Regarding his absence from the first hearing, Damba explained that, although on sick leave, he had to attend to urgent work matters and a meeting.
He claimed he was unaware of the rescheduled hearing due to being on family responsibility leave from 21 to 27 January to attend a ritual outside the province.
He denied the allegations against him.
Witness testimony
The Western Cape education department called several witnesses, including the school secretary, a district circuit manager, and Bonani himself.
Bonani described the events of 19 July, saying he had been addressing a leaking ceiling with two colleagues when Damba accused them of making noise.
He said the principal then dragged him toward the staff room.
When he resisted, Damba allegedly pushed him against a wall, with other staff members intervening.
Bonani also testified that his relationship with Damba had been acrimonious even before the incident.
Another witness, V Majuqulana, confirmed seeing Damba pull Bonani by the arm into the staff room, but said he did not witness the name-calling or the shove.
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Advocate Sibanda, who chaired the disciplinary hearing, testified that he proceeded with the hearing because Damba was present at school on the day.
He considered the principal’s absence “contemptuous” due to a lack of explanation.
Sibanda delivered a guilty verdict and gave Damba “another chance” by imposing the demotion.
However, he admitted that he did not allow the principal to offer mitigating arguments because he lacked his contact details.
T Manganeng, a circuit manager from the Metro East Education District, denied being contacted by Damba ahead of the second hearing.
He also stated that he did not receive a leave application and could not confirm if the ritual qualified under family responsibility leave.
ELRC outcome
In his ruling, ELRC Commissioner Jacques Buitendag found the demotion to be unlawful because it was imposed without Damba’s consent as required by law.
He highlighted that Sibanda had not obtained Damba’s agreement, thus making the demotion invalid.
“In other words the employee must agree to the demotion,” he said.
Buitendag also pointed out that the department failed to call three additional witnesses who could have supported their case, particularly given Majuqulana’s admission about not seeing the entire incident.
The commissioner ruled that Damba be reinstated.
“I find that is indeed appropriate to reinstate the applicant to the position of principal. But this is not the end of the matter and does not totally absolve the applicant.
“The respondent must be afforded an opportunity to convene a fresh disciplinary hearing if it so wish,” the ruling further reads.
Buitendag ordered that Damba return to work on 2 July and be compensated for the financial loss resulting from the demotion.
The department was instructed to pay him R152 615.80 by 15 July and was also given the option to initiate new disciplinary proceedings.
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