corporal punishment in SA schools
Corporal punishment is still prevalent in SA schools. Photo: Nombulelo Damba-Hendrik

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SA schools: Corporal punishment is still prevalent

Almost 30 years after corporal punishment has been banned in the country, Statistics South Africa (Stats SA) has revealed that three out of ten households believe that it is okay to physically punish children if they talk back or argue with their parents. These are some of the stats the department published as the country […]

02-06-23 11:34
corporal punishment in SA schools
Corporal punishment is still prevalent in SA schools. Photo: Nombulelo Damba-Hendrik

Almost 30 years after corporal punishment has been banned in the country, Statistics South Africa (Stats SA) has revealed that three out of ten households believe that it is okay to physically punish children if they talk back or argue with their parents.

These are some of the stats the department published as the country observes Child Protection Week.

PUNISHMENT IN HOMES

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Other reasons given to mete out corporal punishment include telling a lie and fighting with a sibling which 28% of households agree to.

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In the Children Exposed to Maltreatment report 2021, published earlier this year, revealed the shocking reality that teachers still resort to corporal punishment to discipline learners in schools. In 2019, pre-teens (ages 8-11 years old) were the highest victims of corporal punishment in schools with a staggering 84percent.

SECTION 27

Human Rights group Section 27, is taking the South African Council of Educators(SACE) to the Supreme Court Appeal on behalf of the Centre for Child Law (CCL) and two parents, calling for SACE’s lenient sanctions on corporal punishment to be reviewed

The case is in regards to two teachers in Gauteng and Limpopo who had hit the learners over the head leaving them with injuries. In 2015, a grade 2 leaner was hit with a PVC pipe which saw him get hospitalised after getting an infection. The second case took place in 2019 where a grade 5 learner was left with bleeding ears and complications after her teacher hit her over the head and had to repeat the year.

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“These teachers are still teaching in the classrooms with no consideration for learners’ safety and no obligation on the teachers to correct their behaviour” the NGO said in a statement.

HIGH COURT JUDGEMENT

The teachers received a R15000 fine with R5000 suspended for five years. SACE also said the teachers will be struck off the educators roll, however this too was suspended for ten years- allowing the teachers to go back to the classroom.

In the High Court, Section27 requested that SACE revise its Mandatory Sanctions Policy, and include important elements in it such as rehabilitative and corrective sanctions (like anger management), to uphold the principle of the best interests of the child, and to include a more child-centered approach which will allow learners and their parents to make representations and participate in SACE’s disciplinary hearings.

Section27 also requested that the decisions against the two teachers be set aside and sent back to SACE for reconsideration. However, the High Court only agreed that SACE’s internal policy be changed.

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“SACE allowed these two teachers back into the classroom, it should have considered whether it was necessary for them to undergo rehabilitation or retraining to address their violent behaviour.”

SACE is counter-appealing the High Court judgment, and specifically the court’s order that it revise its Mandatory Sanctions Policy.

This article was originally published by APHIWE NGWENYA.