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To: MEC for Gauteng Education, Matome Chiloane, Director of National Public Prosecution Authority, Shamila Batohi, and Minister of Basic Education,Siviwe Gwarube

Prosecute teachers that hit and abuse learners in schools

Cases of corporal punishment and teacher-on-learner violence in South African schools remain a critical and concerning issue despite the fact that it was abolished in 1996, [1].

Many cases of corporal punishment and abuse are reported in schools, but a few educators are officially found guilty. Western Cape Provincial Government defines corporal punishment as: "any deliberate act against a child that inflicts pain or physical discomfort to punish or contain him or her", [2]. 

We continue to see reports of teacher abuse in schools, other cases deadly, as was the case of a learner who committed suicide because of the psychological abuse he endured from the deputy principal of a school in Thokoza [3]. This tragic occurrence spotlights how much teachers evade prosecution. The deputy principal being reinstated by the Department of Basic Education is proof that DBE employees are immune to prosecution and this is unacceptable.  

  • We therefore demand that the MEC for Education in Gauteng, Matome Chiloane and the Director of the  National Prosecuting Authority Shamila Batohi,  prosecute educators who assault learners to the full extent of the law.

Why is this important?

Educators are legally obligated to create a safe learning environment for learners. Physical, verbal and psychological abuse is not acceptable in schools. Corporal punishment was abolished in 1997 with the constitution stating that no one may administer corporal punishment at a school against a learner; a person who does this conscious of this provision is guilty of a criminal offence. 

Alarming statistics show that 57% of South African learners reported that they are experiencing violence at school, [4].

Personal testimony: 
"On the 18th of October 2024, my daughter, a 10-year-old grade four learner, was assaulted by a male educator who used his fists to punch her head multiple times. Pheasant Folly Primary educators instruct learners not to tell their parents about teacher-on-learner violence that occurs at school. The school harbours educators who are a danger to our children by justifying his behaviour as my daughter was “deserving” of the punches to the head, and he showed no remorse even after being in my presence in the principal’s office, where he admitted to the crime he committed against Cleo (pseudonym).

My daughter has been a victim of bullying since last year, 2023, and I have personally escalated the case to the school. The case was recorded and nothing came of that case.
Feeling like she needed to defend herself from her classmate (a boy) who wanted her snacks when their altercation escalated to the point where they exchanged insults. This scene was playing out while the learners were left unsupervised long enough for the two learners to have a verbal argument. When the educator finally showed up, one of the students alerted him that the two classmates were having an argument. The educator invited the 2 to the front of the class, where he then punched the boy 3 times with a closed fist on his head whilst he violently punched Cleo several times on her head as well. He told her that she deserved it more than the boy. After the assault, she went to sit at her desk and began to cry from the pain and humiliation that had just occurred in front of her 60-odd classmates. Instead of sending any of the other students who weren’t crying and in pain, the teacher sent Cleo (a crying child) to go and fetch a book from the teacher next door. Upon returning, Cleo put the book on the teacher’s table and went to sit down. He followed her to her desk and demanded to know why she didn’t put the book in his hand.

He went on to call her disrespectful and said he’d remedy her disrespectful behaviour. He punched her again several times on the head until my daughter begged for forgiveness, but still, her begging fell on deaf ears as he ground his teeth together and punched a 10-year-old girl and a level 7 student several times on her head …AGAIN! At this point, the teacher told my daughter how she would not amount to anything and how she would start smoking weed and not complete school. He asked the class if Cleo would complete school, and they all said in unison, “No”! When the teacher was done demeaning, degrading and humiliating my daughter, he then said, “go and tell your mother to come to school in her stinking morning gown and see if she will do anything to me coz uzosirasela nje”, meaning I will only make noise for them"

The psychological effects that abuse has on learners are irreparable, and after opening a case with SAPS and reporting my daughter's unfortunate plight to the school principal, SAPS did not send me an SMS with the case number, but for some reason, the case ended up in court when I did not know what was happening. The investigating officer had an unwelcome attitude and simply told me that the case would not be successful because I did not want to work with him, he claimed. He said my daughter’s statement was missing, and yet I took her personally to Eden Park Police Station, and the clerk took the statement from my daughter. These are some of the things that demoralize us, police negligence is pervasive. This kind of cruelty to children should be met with zero tolerance. The safety of the learners should be a priority because they are vulnerable and still in developmental stages. How educators treat learners and what they deposit into their brains will have a long-lasting effect and will determine what kind of adult the learner will grow into. Such teachers should be prosecuted to the full extent of the law as they are a danger to learners. Prosecution will also work as a deterrent for future abuse in schools.

WHAT CAN BE DONE ?

  • Prosecute teachers who assault and abuse learners in schools to the full extent of the law.
  • Ensure swift and fair disciplinary action against abusive teachers.
  • Develop and implement safe and effective reporting mechanisms for learner abuse in schools.
  • Provide effective training on alternative discipline methods and implement them.
  • Teachers who are found to use violence on learners when they’ve been forewarned against it must be dismissed immediately!
  • Develop policies that promote safe and supportive learning environments
  • Teachers should be trained to exercise the degree of care they give to their own children.

We, therefore, call upon all parents and guardians who have children in public schools to come together and join our campaign NOW before we lose more learner's lives as a result of physical, emotional and psychological abuse that teachers are imposing on our children. If enough of us come together, we can put pressure on the Department of Basic Education MEC, Matome Chiloane and the Director of National Prosecution Authority -Shamila Batohi, to prosecute teachers who assault learners in schools.

Please sign the petition and share it widely to reach as many parents and guardians as possible. Help us get justice for our children!

“If to correct a student is to humiliate them, then you don’t know how to teach”


References

[1] Department of Basic Education Handbook, second edition

[2] Department of Basic Education Handbook, second edition

[3] Gauteng Education Department probes allegations of bullying after Grade 6 boy's alleged suicide by Yoliswa Sobuwa for News24. 25 October 2023. https://www.news24.com/news24/southafrica/news/gauteng-education-dept-probes-allegations-of-bullying-after-grade-6-boys-alleged-suicide-20231025

[4] Global School-based Student Survey, 2019. 

Palm Ridge, Katlehong, 1458, South Africa

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Updates

2024-12-03 18:47:43 +0200

25 signatures reached

2024-11-25 14:56:51 +0200

10 signatures reached