Freedom of expression does not end a teacher's duty of trust

Statement by Minister Jaco Londt, Minister of Education Western Cape

The suggestion recently that the Western Cape Education Department is seeking to “police” teachers’ private lives fundamentally misrepresents the policy that is in place. 

The Social Media Code of Conduct is a Western Cape Government (WCG) policy applicable across all provincial departments and to all WCG employees, including educators. It was developed as a transversal policy and was duly consulted with organised labour before implementation. 

The existence of such a policy is not unusual or unique to the Western Cape. Social media policies and codes governing employees’ online conduct are commonplace internationally, and in South Africa, across both the public and private sectors.

It is neither a ban on social media nor an attempt to prevent teachers from expressing personal views. In fact, the Code expressly recognises employees’ constitutional right to freedom of expression and acknowledges that views expressed in a personal capacity are their own.

But freedom of expression does not mean that there can never be employment consequences for public conduct.

It is not about policing private lives.

Consider the alternative: should an educator be free to post racial abuse, crude comments, pornographic material or other seriously inappropriate content publicly, where it may be seen by learners and parents, without any consideration of their professional responsibilities? 

When a teacher uses a public platform with thousands of followers - including learners - to post content that is sexually explicit, degrading, or that mocks learners, that is no longer private. And it certainly cannot be regarded as professional conduct. 

Teachers occupy positions of trust and responsibility. Like other public servants, they are entitled to private lives, but there must be reasonable standards of conduct where behaviour has a demonstrable connection to their employment or professional obligations.

Nor is every questionable social-media post automatically misconduct. Any disciplinary matter must be considered on its individual facts and through the applicable labour and disciplinary processes.

I will always defend a teacher's right to freedom of expression, to a private life, and to due process. I will, however, not defend a right to behave publicly in a way that brings the teaching profession into disrepute and erodes public trust in our schools.