R 17

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Tina Pow

292 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence 293
 Figure 17.1: Satirical cartoon commenting on the lack of safety and security at many South
African Schools. (Zapiro, July 2007, http://mg.co.za/zapiro/fullcartoon/263)

CONTEXT OF SCHOOL
INTRODUCTION VIOLENCE IN SOUTH
Going to school is more than just learning to read and write and do maths.
The South African Schools Act of 1996 says that our schools are meant to:
AFRICA
[L]ay a strong foundation for the
development of all our people’s talents illustrates how learners do not see that are, on a daily basis, associated Violence was used as a tool of oppression during apartheid, but also as a tool
and capabilities, advance the democratic school as a safe environment. with school, specifically travelling
transformation of society, combat Violent acts are understood, according to and from school, or arriving at or of resistance; and the schooling system segregated black from white, and
racism and sexism and all other forms
of unfair discrimination and intolerance,
to the World Health Organisation, as waiting outside the school grounds’. was used as another means to oppress the majority of South Africans.
contribute to the eradication of poverty the deliberate ‘use of physical force, or This overview chapter discusses
power, threatened or actual’ that ‘results some of the factors that contribute to Violence in schools, violence against The root cause of political violence in that promoted respect, dignity,
and the economic well-being of society,
South Africa has to be located within
protect and advance our diverse cultures in or has a high likelihood of resulting to the high prevalence of violence in learners and violence in communities tolerance and non-violent solutions
the social matrix and the long history
and languages, uphold the rights of in injury, death, psychological harm, schools, and what the different types was a common occurrence during to problems. Our Constitution
of oppression, poverty and exploitation
all learners, parents and educators.
maldevelopment or deprivation’. of violence are. It is also important to apartheid. Our courts have noted that in the country…These factors, coupled seeks to create a society that
School violence includes more than know what the law says about violence ‘[i]t is regrettable, but undeniable, that with the socially sanctioned use of ‘endeavours to move away from
A significant part of learning and just acts at school; it is about the school in schools, and how learners, parents since the middle 1980s our society has violence and the politicisation of everyday a violent past.’ (S v Williams).
life, resulted in extraordinary levels of
developing is to feel safe. Unfortunately, environment and the school experience and educators must respond if they been subjected to an unprecedented intra- and inter-community conflict.
Although South Africa has
school violence in South Africa is a of learners. Patrick Burton and Lezanne become victims of or witness violence wave of violence’ (S v Williams). made significant strides in
widespread problem. It is caused by Leoschut, from the Centre for Justice in schools. This chapter intends to This culture of violence became deeply In 1994, South Africa became a entrenching a culture of human
many different factors, and has adverse and Crime Prevention, explain that it equip learners, parents and educators rooted in our society, and led many to constitutional democracy; and rights, the continued exposure to
and sometimes tragic consequences does not only occur within the physical with the necessary information and adopt an ideology of violence. Experts there was a strong emphasis placed violence has had a very harmful
for learners. The cartoon above border of the school but includes ‘acts tools to help address school violence. such as Hamber have observed that: on creating a peaceful society impact on our schools.

294 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence 295
 Educators Drug and
misunderstanding alcohol abuse Exposure to
the human rights violent media
of learners
Absence of Normalisation
teachers/teachers of violence
Violence/crime
leaving early in the
community

SCHOOL
VIOLENCE
Discrimination
based on race, religion,

CAUSES
ethnicity, nationality, Socio-economic
gender, sexual factors
orientation, disablity,
language

Intolerance Poverty,
unemployment

Inadequate school Lack of recreational

infrastructure facilities
Overcrowding
EXTERNAL INFLUENCES forms of discipline, such as corporal
Studies indicate that school violence punishment, sets bad examples for
Figure 17.2: Factors contributing to violence in schools. often occurs more in lower-income both learners and educators. The power
communities in South Africa. Socio- dynamics between educators and
economic factors such as poverty and learners can lead to educators believing

FACTORS unemployment can make people feel

disempowered and frustrated by their
circumstances, leading them to use
that their position entitles them
to abuse learners, or expect sexual
favours from learners in exchange for EXAMPLE 1:

CONTRIBUTING violence, rape and other forceful acts

as a means of asserting power and
good grades. Disability, gender, race
and sexual orientation can often be Ntombi is a learner at Phumelela High.
She has complained to the principal

TO VIOLENCE
being in control. Increased exposure to factors that lead to violent behaviour. about her teacher, who often says very
violence at home or in communities Schools that are mismanaged and lack inappropriate things to her about her looks
can also influence the prevalence of effective leadership often create spaces and the ways in which he thinks about

IN SCHOOLS
violence at schools. Violent games and for incidences of violence to exist. her. He also sends her pictures of himself
that she doesn’t like looking at. She has
TV programmes can perpetuate the Whether the influences
told the principal that this makes her feel
normalisation of the use of violence. are external or internal it is uncomfortable, and that she wants the
important to remember that: principal to speak to him. The principal
There is no one cause of violence in schools; but rather, several intersecting Present-day school violence in told her that he would, but he never did,
INTERNAL INFLUENCES South Africa must be understood because he is friends with this educator
factors that lead to school violence. The South Africa Council for Educators While schools reflect the norms with reference to the country’s and doesn’t want to reprimand him.
legacy of political struggle, as
(SACE) states that ‘school-based violence does not take place in a and values of society, they can well as the associated economic
Ntombi’s teacher is sexually harassing her,
which is a form of violence; but because
also be at fault for enabling school disadvantage and social inequality.
vacuum, but is rather influenced and shaped by contextual factors’. violence and failing to prevent it. Pahad & Graham, Department
of poor leadership and a failure to respect
the dignity of learners, this school is
The use of inappropriate and illegal of Psychology, Wits failing to address school violence.

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 TYPES OF SCHOOL UGLY
WORDS
VIOLENCE
School violence can manifest itself in many different ways, and to differing degrees.
HARASSMENT Directly or indirectly engaging in conduct that causes
In a 2008 report, the South African manifests itself often depends on different pieces of legislation, such as harm or threatens harm. This can include:
Human Rights Commission (SAHRC) the context in which it arises’. the Children’s Act, the Schools Act, and • Following, watching, pursuing or accosting a learner, or
held that ‘[i]n South Africa, school- Table 17.1 below defines some the Sexual Offences Amendment Act, loitering outside of or near the building or place where
based violence is multi-dimensional common forms of school violence. as well as from various departmental a learner lives, goes to school or waits for transport.
and takes on various forms. How it These definitions have been taken from policies and programmes. INJURY Physical harm or damage to person or property.
INITIATION Any act that forms the basis of being accepted or admitted into a
Table 17.1: Some common forms of school violence as defined in legislation and policies.
group, and which places the initiate in a situation that could lead to
ABUSE Any form of harm or ill-treatment deliberately inflicted on a child, and includes: physical or emotional danger, and which undermines the dignity of
that learner. Initiation practices are prohibited by the Schools Act.
• Assaulting a child or inflicting any other form of deliberate injury to a child
• Sexually abusing a child or allowing a child to be sexually abused RAPE Any person who unlawfully and intentionally commits an
• Bullying by another child act of sexual penetration with another person without
• Exposing or subjecting a child to behaviour that may harm the child psychologically or emotionally. their consent. Sexual penetration includes any act which
causes penetration to any extent whatsoever in:
ASSAULT Unlawfully and intentionally:
• The genital organs of one person into or beyond the EXAMPLE 2:
• Applying force to a learner genital organs, anus, or mouth of another person
• Creating a belief that force is going to be applied to the learner. In April 2016, a teacher hit 13-year-old
• Any other part of the body of one person, or any object, Siphokazi Tyalidikazi on her right hand
BULLYING Bullying can be characterised as frightening or intimidating treatment to which a learner is including any part of the body of an animal, into or with a hosepipe for not finishing her
repeatedly subjected to by another learner/learners or an educator, resulting in: beyond the genital organs or anus of another person homework. The beating damaged the
• Physical harm to the learner or his or her property • The genital organs of an animal, into or nerves in Siphokazi’s hand, causing her to
beyond the mouth of another person. lose the use of that hand. She now has to
• Emotional harassment
learn to write with her left hand, which
• Making the learner fear for his or her own safety or the safety of his or her property SEXUAL Unwelcome sexual attention, which includes: is slowing down her learning process.
• The ultimate creation of a hostile environment that is counterproductive to learning. HARASSMENT • Suggestive behaviour ‘Cape Town pupil loses use of hand
CORPORAL Any deliberate act against a learner to punish or contain him or her that inflicts • Messages or remarks of a sexual nature after caning’ GroundUp, 4 April 2016
PUNISHMENT pain or physical discomfort. This includes, but is not limited to: • Intimidating or humiliating a learner

EXAMPLE 3:
• Spanking, slapping, pinching, paddling or hitting a learner, with a hand or with an object • Implied or expressed promise of reward for complying
• Denying or restricting a learner’s use of the toilet with a sexually oriented request, such as good
• Denying meals, drink, heat and shelter marks or being promoted to the next grade. In 2015, a school that caters for learners
• Pushing or pulling a learner with force SEXUAL Includes any act which causes direct or indirect contact of: with disabilities in KwaZulu-Natal was
• Forcing the learner to do exercise VIOLATION • The genital organs, mouth or anus of a learner, reported for allegations of abuse. City Press
reported that ‘pupils have been physically
• Throwing things – such as a board duster – at a learner. and in the case of a female, her breasts
and sexually abused in the hostel, and one
Corporal punishment is dealt with in more detail in Chapter 19. • The masturbation of one person by another person pupil became pregnant as a result’. As a
• compelling a learner to self-masturbate or watching result of falling pregnant, this learner did
GANGS A gang is a group with a sense of unity that seeks to intimidate and commit violent acts or
the masturbation of another person not return to school. (This handbook deals
other crimes, and which defends itself physically against violent acts of other groups.
• The insertion of any object resembling or representing with learner pregnancy in Chapter 8.)
GENDER-BASED Discrimination and gendered or sex-based harassment and violence, genitalia into a bodily orifice of another person ‘Hostel hell for disabled children’
VIOLENCE rape, femicide, sexual harassment and homophobia. • Forcing a learner to watch a sexual offence or sexual act. City Press, 20 September 2015

298 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence 299
 School-based violence has an impact 1. WHAT SHOULD THE SCHOOL reliable, and ask them to approach an to them that this is not their fault.
on learners in a variety of ways. DO TO ADDRESS BULLYING? educator with you or on your behalf Reassure them that you love them
Wounds, scars and other physical Schools along with school governing • If you feel that your complaint was and that you support them
consequences or injuries can disrupt bodies (SGBs) can adopt anti-bullying not taken seriously, you can approach • Ask them for all the facts, and ask
the ordinary learning experience, and policies, which among other things: another teacher or the principal them how you can help them
affect a learner’s ability to take part • Define bullying • If you have been bullied or have • Speak to your child’s educator or to
comfortably in learning; and it may also • Highlight why it is important witnessed bullying, it can be helpful the principal about the bullying.
prevent a learner from going to school. to address bullying to speak to someone about it. If
The different types of school violence • Explain the responsibilities this is something you would like to Sometimes bullying can be so severe
can be committed by different people. of different role players do, you should ask your teacher to that it requires someone to lay
They may be educators, learners, or • Explain the consequences of help set up counselling sessions for criminal charges. South Africa has
EXAMPLE 4: staff members. While learners are most bullying and the procedures you. Bullying can be very traumatic laws against harassment, assault,
often the victims of school violence, for addressing bullying. and have very negative effects on a the use of weapons, threatening
A 12-year older learner, who was a
non-verbal autistic child, contracted a they can also be the perpetrators. learner, so it is important that you behaviour and damage to property.
sexually transmitted infection while at Bullying, initiation and gang violence It is important for schools to have an have someone who can help you If the bullying amounts to this
school. The Right to Education of Children are very prevalent in South African effective anti-bullying policy, but it is work through your experiences. behaviour it is important to report
with Disabilities Campaign (R2ECWD) schools. The next section provides more important that the principal, the it to the school and to the police.
explained that the ‘absence of protection
a brief discussion of bullying. SGB and the educators ensure that the 3. WHAT SHOULD A PARENT DO IF Educators have a legal duty to report
measures at the school’ means that this
EXAMPLE 5:
learner still remains out of school. policy is implemented, to ensure that the THEIR CHILD IS BEING BULLIED? the abuse of a child; this will be
school environment is free from hostile • Speak to your child and explain discussed further on in the chapter.
These examples illustrate how school
violence can prevent learners from going to
BULLYING behaviour and that the learners feel safe.
Mrs Modise does not like Thembi, and
school or participating in school activities. Bullying is understood as negative doesn’t think she is smart. Mrs Modise
The last two examples also illustrate the or aggressive behaviour that creates 2. WHAT SHOULD LEARNERS DO often makes Thembi read out loud or do
vulnerability of learners with disabilities. a pattern of victimisation; it can be IF THEY OR SOMEONE THEY It is important to understand that threats of sums on the board, which she battles with.
The World Health Organisation (WHO) verbal, non-verbal, physical, sexual KNOW IS BEING BULLIED? Mrs Modise encourages the other learners
explains that children with disabilities or social. The Children’s Act defines Learners often feel they cannot speak out violence and verbal assault can also have adverse to laugh and call her names. The learners
started calling her ‘Uyisidom’, which Mrs
are more vulnerable to abuse and
neglect then children who do not have
‘abuse’ in relation to a child as any about bullying, because they are scared consequences for learners, and that the ‘impact Modise now also calls her. Mrs Modise will
disabilities. The WHO explains that there form of harm or ill-treatment, which it will lead to further or more severe say things like: ‘Uyisidom! Why are you so
are many factors that contribute to the includes bullying by another child. bullying. This is why it is important for of school-based violence can go beyond the stupid?’, ‘Uyiphuphu! You are never going
to pass’, and ‘You don’t belong in a class like
Age, race, gender, disability or schools to have policies and procedures
vulnerability of children with disabilities.
These include stigma, powerlessness sexual orientation can be factors in place such that learners feel safe
physical harm that arises from violent incidents’ this. You should go play with the toddlers’.
and social exclusion. The WHO explains
that children with disabilities are
that contribute to bullying. in reporting incidents of bullying. (SAHRC). The psychological impact of threats These are examples of verbal assault.
Comments and ridicule like this cause
A workbook on ‘Addressing A learner who is bullied, or
‘often perceived as easy targets’.
Bullying in Schools’, published by sees someone being bullied, of violence and verbal assault on learners can Thembi severe emotional distress, and
have a negative psychological impact.
While all learners should always be protected
from violence in order for them to receive
the Department of Basic Education
and the Centre for Justice and
can do the following:
• Report the bullying to an educator.
include depression, low self-esteem, and feeling She no longer wants to go school, and
doesn’t think she will pass or ever achieve
the education they have a right to, learners
with disabilities – who already have difficulty Crime Prevention, explains that If you do not feel comfortable doing isolated, scared or embarrassed. It can cause anything. Exposing or subjecting a
child to such behaviour may harm the
accessing education easily – are even more everyone has a role to play in this alone, then speak to someone you
vulnerable to violence than others. combating bullying in schools. feel safe with and who you think is learners to dislike or want to avoid school. child psychologically or emotionally.

300 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence 301
 STATISTICS ON
SCHOOL VIOLENCE LAW AND POLICY
The South African Council of Educators (SACE) is a statutory body that was
established to develop and maintain ethical professional standards for educators. This section sets out the laws, policies and programmes in place to
All educators are required to register with SACE and abide by its Code. address school violence. It is important that we are aware of what
needs to be done, so that we can ensure that all role players meet
Every year, SACE submits a report • 4.7% had been sexually uncomfortable reporting incidents
that provides a breakdown of all the assaulted or raped; of violence, or are uncertain about their legal obligations to ensure the safety of all learners.
complaints, per province, regarding • 4.5% had been robbed at school. how to report them, or do not think
alleged breaches of the code. In 2014/2015, they are allowed to speak out.
SACE received 86 complaints of verbal Save the Children, an independent This overview chapter and the chapters INTERNATIONAL LAW through the school gates’. The General ·· The right to be protected
abuse, victimisation, harassment and organisation which advocates for that follow will address this problem, and The Convention on the Rights of the Comment states further that ‘education from maltreatment, neglect,
defamation. SACE received 161 complaints children’s rights, has reported that provide practical advice and guidance Child (CRC) was created internationally must be provided in a way that respects abuse or degradation;
of unprofessional conduct, alcohol children with disabilities are also three to learners, educators and parents on to acknowledge the inherent human the inherent dignity of the child’. ·· That in every matter concerning
abuse and absenteeism. It reported that to four times more likely to be exposed reporting all types of school violence. rights of all children. South Africa ratified Article 16 of African Charter on the the child their best interest is
during the year, 94 complaints of sexual to abuse, including physical, emotional We acknowledge that school the CRC on 16 June 1995. This means Rights and Welfare of the Child (ACRWC) of paramount importance;
misconduct and rape were received. and and sexual abuse, as well as neglect. violence comes in many different forms, that South Africa is obligated to act provides similar protection. It states that: • Section 29: the right to a basic education.
253 complaints of corporal punishment. In 2013, the Department of Women, and that the Department of Basic in accordance with it, and to ensure ‘Children should be protected from all
Other statistics, from the 2012 Children and People with Disabilities Education and the government have a that its domestic laws are consistent forms of torture, inhuman or degrading
National School Violence Study, and UNICEF reported the following: responsibility to protect learners from with the provisions of the CRC. treatment and especially physical or NATIONAL LAW
mental injury or abuse, neglect or
indicated the following: • One in every five incidents of all forms of violence. We have chosen Article 19 of the CRC places maltreatment including sexual abuse.’
The National Education Policy Act of
• 13% of learners reported bullying sexual abuse happens in schools to focus on corporal punishment and an obligation on states to: 1996 (NEPA) seeks to ‘facilitate the
• 14% of learners claimed to have • One third of people who raped sexual violence in the following two [T]ake all appropriate legislative, democratic transformation of the
had someone at school threaten children were teachers chapters, as they have been identified administrative, social and educational THE CONSTITUTION national system of education into one
to say something about them that • One in every five boys is as systemic problems throughout measures to protect the child from all Like all the people of South Africa, children which serves the needs and interests
forms of physical or mental violence,
was intended to stigmatise them a victim to bullying. South African schools and incorporate injury or abuse, neglect or negligent
are entitled to all the rights set out in of all the people of South Africa and
• 13.3% of learners reported that they many aspects of violent behaviour. treatment, maltreatment or exploitation, the Constitution’s Bill of Rights. When upholds their fundamental rights’.
had been forced by someone at Approximately two million Complaints about these forms of including sexual abuse, while in the care children are subjected to violence at school, This includes those rights listed above.
school to engage in activities, against learners have experienced some violence are frequently received by SACE, of parent(s), legal guardian(s) or any other various rights are violated. These include: Other national laws can be
person who has the care of the child.
their will, that they felt were wrong form of violence in schools. the SAHRC and other public interest • Section 9: the right to equality divided into three broad sections
and did not want to engage in If these numbers seem low, it is organisations. The SACE report concluded • Section 10: the right to human dignity in respect of school violence:
• 12.2% had been threatened with important to keep the problem of that most of the offences they dealt In a general comment made by the • Section 12: the right to the freedom what educators must do, what
violence by someone at school under-reporting in mind. Learners with related to corporal punishment, Committee on the Rights of the Child, and security of the person educators must refrain from, and
• 6.3% had been assaulted often feel disempowered or harassment and sexual misconduct. it was stated that ’[c]hildren do not lose • Section 28: the right of the the consequence of failing to
their human rights by virtue of passing child, which includes: refrain from prohibited acts.

302 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence 303
 WHAT EDUCATORS MUST DO reasonable steps to ensure that the The EEA lists the following as
Mandatory Reporting learners are safe from risks and dangers. acts of serious misconduct:
While educators have a general duty In the 2002 draft Regulations to • Committing an act of sexual assault on
to ‘acknowledge, uphold and promote Prohibit Initiation Practices in Schools, a learner, student or other employee
basic human rights, as embodied in the Minster stated that ‘[e]ducators • Theft, bribery, fraud or an act of
the Constitution of South Africa’ and have a duty to care for and protect corruption in regard to examinations
to ‘respect the dignity, beliefs and learners from violence because of their or promotional reports
constitutional rights of learners and in loco parentis status’. ‘In loco parentis’ • Having a sexual relationship
in particular children’, there are also means ‘in the place of the parent’. with a learner from the school
more specific duties that are placed on The high courts of South Africa where he or she is employed
educators with regard to school violence. and the Supreme Court of South • Seriously assaulting, with the intention
Section 110(1) of the Children’s Africa have repeatedly held (as to cause grievous bodily harm to, a
Act states that any educator recently as April 2016) that if a learner, student or other employee
who on reasonable grounds concludes child is under the care and control • Making a learner or a student
that a child has been abused in a manner of the school, the teachers of that perform any of these acts.
causing physical injury, sexually abused or school owe the child in their care a
deliberately neglected, must report that
conclusion in the prescribed form to a
legal duty to prevent physical harm. The South African Council for
designated child protection organisation, (Pro Tempo v Van der Merwe). Educators Code of Professional Ethics
the provincial department of social In other words, educators are states that an educator must:
development or a police official. required by law to try and make • Refrain from improper physical
sure that learners are protected contact with learners
This mandatory reporting is a legal duty from any acts of violence. • Refrain from any form of of misconduct, the educator Under the Children’s Act: PROVINCIAL PROTECTION
placed on educators. Failure to report in sexual harassment (physical can be discharged The Children’s Act established the The legislation at the provincial
terms of this section is a criminal offence. or otherwise) of learners • If an educator is found guilty National Protection Register. level reflects the national legislation.
WHAT EDUCATORS ARE • Refrain from any form of sexual of serious misconduct, the • Part B of the Register records However, some provinces have
Duty of Care NOT ALLOWED TO DO relationship with learners at any school educator can face dismissal. persons who are found to be gone beyond this and have issued
South African law places a legal duty South African Schools Act • Not use language or behaviour unsuitable to work with children circulars and policies in an attempt
on certain people to take steps to make Section 10 of the Schools Act prohibits the that is inappropriate in his or her Sometimes educators who have been • Once a person’s name appears to combat violence in schools. In
sure that other people are not harmed. use of corporal punishment in schools, and interaction with learners. dismissed go to the Education Labour on Part B, they may no longer 2012, the Western Cape Department
In Rusere v The Jesuit Fathers, a case states that an educator who administers Relations Council (ELRC) to determine, be employed at an institution of Education issued a circular titled
about a learner who lost vision in one corporal punishment to a learner is The Protection from Harassment Act based on the facts, if the dismissal was fair. dealing with children. ‘Safe School Call Centre – Reporting
eye after playing a game using grass guilty of an offence. It also prohibits the 17 of 2011 and the Sexual Offences and of School Crime and Abuse’. The KZN
shoots as arrows, it was acknowledged use of initiation practices at schools. other related matters Act 6 of 2012 Under SACE: Under the Sexual Offences Department of Education issued a
this obligation exists between do not specifically mention educators. SACE has a prescribed disciplinary Amendment Act: circular in 2012 titled ‘Measures to
schooling authorities and learners. The Employment of Educators However, both these Acts criminalise a procedure that is used when they receive a The Sexual Offences Amendment Act Counter Violence, Drug Abuse and
Section 28(1)(b) of the Constitution Act, 1998 (EEA) wide range of violence. These prohibitions complaint of an alleged breach of the code. provides for the establishment of the Other Forms of Crimes in Public
states that every child has the right to Section 18 of the EEA states, among are applicable to educators. If an educator is found guilty of a breach: National Register for Sex Offenders. Schools’. KZN has also issued two
appropriate childcare when removed other things, that misconduct includes • He or she can be reprimanded • This keeps a record of the names policy guidelines, the most recent
from the family environment. In Hawekwa unfairly discriminating against a learner or cautioned of people found guilty of sexual in 2015 on ‘Guidelines for the
Youth Camp v Byrne, a case about a … on the basis of race, gender, disability, THE CONSEQUENCES • He or she can be made to pay a fine offences against children and Management of Child Abuse, Neglect
learner on a school camp who fell from sex, pregnancy, marital status, ethnic and Under the EEA: not exceeding one month’s salary mentally disabled people and Exploitation for Public Schools in
a bunk bed and fractured his skull, it social origin, colour, sexual orientation, Disciplinary hearings can be held • His or her name can be removed • People who employ educators are KwaZulu-Natal’. In 2014 the Gauteng
age, disability, religion, conscience, belief,
was submitted that the Minister of Basic culture, language, birth, family responsibility,
when there is an allegation of from the SACE register (this entitled to check the register to ensure Department of Education issued a
Education acknowledged that educators HIV status, political opinion or other violence against a learner. can be for a specific period, that an educator is fit to work with circular about the ‘Prohibition of
owed learners a duty of care, to take grounds prohibited by the Constitution. • If an educator is found guilty indefinitely or permanently). children and people with disabilities. Corporal Punishment in Public Schools’.

304 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence 305
 HOW TO REPORT all these processes need to be done present and future learners are safe.
This diagram explains the different simultaneously. Different statutory Learners, parents and teachers are
reporting mechanisms for school bodies impose different consequences also encouraged to report incidents
violence. Learners, teachers and on teachers found guilty of an offence, of violence to organisations such as
parents should take the following steps so we need to ensure that all measures Childline, Lawyers Against Abuse,
when reporting school violence. are taken to ensure that guilty teachers SECTION27, Centre for Child Law, Legal
It is important to remember that are appropriately punished, and that Resources Centre and Equal Education.

WHAT TO DO WHEN REPORTING SCHOOL VIOLENCE

THERE HAS BEEN AN
INCIDENCE OF SCHOOL Department of Basic

VIOLENCE
Education (DBE) South African
South African Council
or Police Service
Department of Social for Educators (SACE)
(SAPS)
Development (DSD)

This section will indicate briefly what steps to take when reporting
violence in schools. The following chapters will go into more detail The matter should be Report incidentces of abuse,
reported via the prinicipal, A complaint must be assault, harrassment or
about reporting sexual violence and corporal punishment. provided the principal lodged with SACE. other forms of violence at
is not implicated. your local police station.

LEARNERS tell a parent or caregiver about the TEACHERS

If you or someone you know has been a incident, and ask them to report the As discussed above, there is a legal
victim of school violence, it is important matter with you or on your behalf. duty on teachers to report school If the learner is under 18, a
to report it. Reporting school violence When reporting, it is important to give violence. Use the diagram on the The matter should then This can be done by calling parent, educator or social
be reported to the Head the SACE complaints worker must report the
is necessary to ensure that the incident as much information as possible. Sometimes right to report violence at schools. matter to the police.
does not happen again, that the learner this can be difficult, and you might not of DSD and the District hotline, or faxing, emailing If the learner is over 18, they
is supported and assisted, and that feel comfortable sharing everything; Manager of the DBE. or posting the complaint. have a choice in whether
ultimately, your school is safe. It can but learners are encouraged to share as PARENTS or not to lay a charge.
be scary or intimidating for a learner many facts as possible, so that the school, Parents should play a very supportive
to report school violence, so it is often police or SACE have enough information role in addressing any violence that
helpful to have someone with you who to address the problem properly. has been committed against their Tel: 012 663 9517
can support you during this process. School violence has wide-ranging child at school. It is important as a Fax: 012 663 3331
Learners are encouraged to report and adverse effects on learners. Getting parent to make your child feel safe. Email: [email protected]
the incident to a teacher. If the teacher counselling and speaking to someone You must report any incidents of Post: Private Bag X127,
is involved in the violence, to report about what has happened can often be violence. You might need to fill out Centurion, 0046
the incident you can go to another very helpful. If you need to talk to someone, forms with your child, and take your
teacher who you trust, or to the you can ask a teacher, parent or caregiver child to counselling to ensure they are
principal. You might feel safer if you to help set up counselling sessions for you. fully supported during this process. Figure 17.2: The three avenues of reporting incidents of violence in schools.

306 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence 307
 Tina Power is a former Students for Law POLICY AND GUIDELINES FURTHER READING
and Social Justice Fellow at SECTION27.
KwaZulu-Natal Department of Education Childline, ‘Procedures for Reporting
She is currently serving her articles at
‘Guidelines for the Management of Child Abuse’, www.childline.org.za.
the Legal Resources Centre and has
Abuse, Neglect and Exploitation for P Burton & L Lesoschut ‘School Violence
been accepted for an LLM in Human
Public Schools in KwaZulu-Natal’, 2015 in South Africa: Results of the 2012
Rights Advocacy and Litigation at the
University of the Witwatersrand. Department of Basic Education & National School Violence Study’ (2014).
Centre for Justice and Crime Prevention South African Council for
‘Addressing Bullying in Schools’, 2012 Educators (SACE) ‘How to Lodge
KwaZulu-Natal Department of Education a Complaint’, www.sace.org.za.
CASE LAW

CONCLUSION
‘Policy Guidelines for the Management of Centre for Justice and Crime Prevention
Pro Tempo v Van der Merwe 2016 (39) Child Abuse and Neglect in KZN’, 2010. School Violence Study (2013).
SA 853 (SCA); 2016 ZASCA 39.
Department of Basic Education ‘Speak S Pahad & TM Graham ‘Educators’
Violence in South African schools is a serious problem, and is caused Hawekwa Youth Camp v Byrne 2010
2 SA 312 (SCA); 2009 ZASCA 156.
Out Youth Report Sexual Abuse: A
Handbook for learners on how to prevent
Perceptions of Factors Contributing to
School Violence in Alexandra’ (2012) Vol
by a wide range of intersecting factors. Since 1994, South Africa Minister of Education & Another sexual abuse in public schools’, 2010. 10(1) African Safety Promotion Journal.
v Wynkwart NO (2004) (3) SA Western Cape Department of Education
has tried to create a culture of peace, tolerance and respect. 577 (C); 2004 ZAWCHC 1. ‘Abuse No More Protocol’, 2014.
South African Human Rights Commission
‘Report of the Public Hearing on
Unfortunately, learners are still exposed raise a child’, so all members of the safe place for children. We all have S v Williams and Others 1995 (3) Department of Education ‘Draft School-based Violence’, 2006.
to physical and psychological violence village have a duty to ensure that a role to play, whether it is teaching SA 632 (CC); 1995 ZACC 6. Regulations to Prohibit Initiation Save the Children ‘Out from the
– and threats of violence – daily. children are protected from harm. our children good values and morals, Rusere v The Jesuit Fathers Practices In Schools’, 2002. Shadows: Sexual Violence Against
We have laws in place designed Communities should work together setting a good example, respecting 1970 (4) SA 537 (R). Department of Basic Education ‘Opening Children with Disabilities’, 2011.
to protect learners. Those who to promote and encourage non- the dignity of children, reporting Our Eyes: Addressing Gender-Based World Health Organisation & The United
fail to do so can and must be held violence. Schools also have a very violence, or supporting learners who LEGISLATION Violence in South African Schools Nations International Children’s Emergency
responsible. ‘It takes a village to important legal duty of creating a have been victims of violence. – A Manual for Educators’, 1998. Fund ‘Early Childhood Development and
The Constitution of the Republic
of South Africa, 1996. Disability: A Discussion Paper’, 2012.
INTERNATIONAL LAW SECTION27, Centre for Applied
‘We owe our children – the most vulnerable citizens in society Protection from Harassment
The Convention on the Rights Legal Studies & Lawyers Against
Act 17 of 2011.
– a life free from violence and fear.’ – Nelson Mandela Children’s Act 35 of 2005.
of the Child (CRC), 1989. Abuse ‘My Teacher Hurt Me: What
Should I Do’, 2014. Also available in
The African Charter on the Rights and
Employment of Educators Act 76 of 1998. isiZulu, XiTsonga and Sepedi.
Welfare of the Child (ACRWC), 1990.
National Education Policy Act 27 of 1996. E Bornman, R Van Eeden & M Wentzel
(eds) Violence in South Africa: A
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308 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence Basic Education Rights Handbook – Education Rights in South Africa – Chapter 17: School Violence 309