CORPORAL PUNISHMENT

Section 10 of the SA Schools Act bans corporal punishment such as canings or hidings because Section 12 of the Constitution says no one should be punished or treated in a cruel or degrading way. A person who is found guilty of using corporal punishment can be charged with assault. The kinds of punishments that schools can use include a demerit system, detention, picking up rubbish on the playing field and so on. Degrading punishments like cleaning toilets are not allowed.

In 2017, the DBE published the ‘Protocol to Deal with Incidences of Corporal Punishment in Schools’ which sets out how corporal punishment should be reported. Incidents of corporal punishment should not be dealt with informally by the school. 

LEARNERS should report corporal punishment as follows:

Step 1: 

• Report the incident of corporal punishment to the school principal. If the principal is involved in the incident, then report the case to the circuit manager in the district or to the deputy director of the provincial department of education. The principal (or whoever the case has been reported to) must gather information and record this in a written statement. 
• The principal must send the statement and any other relevant documents to the Directorate: Dispute Management at the head office of the provincial Department of Education (PED), marking the file as ‘urgent’.
• The principal must inform the SGB of the incident. 
• The principal must inform the circuit manager in the school’s education district about the alleged instance of corporal punishment, and confirm with them that the matter has been referred to the district director of the department of education. 
• The principal must also inform the parents of the victim of the alleged corporal punishment, informing them that the matter has been referred to the head office of the PED and that they will be contacted by an official from the PED. 

The district office of the education district the school is located in will then investigate the matter and compile a report. This report will be forwarded, along with recommendations, to the head of the PED for approval. Where an educator has been found guilty of corporal punishment, disciplinary action will be taken by the PED, and the matter will be simultaneously referred to the South African Council for Educators (SACE). A Form 22 should also be completed and sent to the head of the Department of Social Development, the district manager of the PED, the national Department of Basic Education, and a social worker. You can ask an adult at your school for these details. Once Form 22 has been filled out, it triggers a child protection investigation by a designated social worker.

Step 2: SAPS

All incidents of corporal punishment must be reported to the South African Police Service (SAPS) so that a case of assault can be opened against the educator. 

• You can report an incident of corporal punishment at your local police station. 

• If you are under 18 years of age, a parent, social worker or educator should accompany you to the police station and report with you.

• If you are over 18, you have a choice whether or not to lay a charge yourself. If you do not wish to or are under 18, a charge must be laid by the person accompanying you. 

Step 3: Lodge a complaint with SACE

• This can be done by calling the hotline, faxing, emailing or posting your complaint. 

• You need to give as many facts, dates and details as possible. 

• If you are helping a classmate or reporting an incident on their behalf, their name must be included in the complaint. 

• If you do not feel comfortable lodging a complaint you can do it anonymously, and it will be accepted. If you choose to do it this way, SACE will need the following in order to do a proper investigation: Name of person who allegedly abused the learner / · Name of the school involved / Name and grade of learner involved Specifics of the incident, including the date.

EDUCATORS are legally required to report incidents of corporal punishment by following the same steps as for learners.

PARENTS, THIRD PARTIES AND COMMUNITY MEMBERS can also report corporal punishment by following the same steps as for learners. They can report an incident on behalf of a learner or assist a learner in reporting the incident.

HOTLINES AND NGOS

Cases involving violence/harassment by educators can also be reported via various hotline options:

• SACE Tel: 012 663 9517 
• DEPARTMENT OF BASIC EDUCATION: Helpline: 0800 202 933 
• WESTERN CAPE DEPARTMENT OF EDUCATION – SAFE SCHOOLS CALL CENTRE Toll-free number: 0800 45 46 47 
• POLICE CHILD PROTECTION UNITS Tel: 10111 childprotect@saps.org.za 
• CHILDLINE SOUTH AFRICA 08000 55 555 
• CHILD WELFARE SOUTH AFRICA 0861 4 CHILD (24453) 011 452 4110 
• Organisations such as the Centre for Child Law, Legal Resources Centre, SECTION27, and Equal Education can also be contacted to assist with such matters, and to provide learners and families with legal advice.

SUSPENDING A LEARNER FROM SCHOOL

For serious offences the school may suspend a learner for up to one week from school. This can only happen once there has been a fair hearing where the learner has had a chance to put their side of the story.

EXPELLING A LEARNER FROM SCHOOL

If a school feels that the offence which the learner has committed is so serious that they should be expelled from the school, the learner can be suspended from the school while the provincial Head of Department decides whether or not to expel the learner. Only the provincial Head of Department can expel a learner from a school. The principal cannot make that decision. If a learner is expelled they can appeal against the Head of Department’s decision to the provincial MEC of education. The Head of Department has to make arrangements to place an expelled learner in another public school.