In a groundbreaking move to curb the rampant issue of bullying in schools, the South African government has passed legislation that allows minors above the age of 10 who are found guilty of bullying to be sentenced to imprisonment. The act, designed to protect children from taking drastic measures such as suicide due to bullying, also enables children to apply for a protection order at the magistrates' court without requiring parental or guardian consent.
The Focus on Restorative Justice
While the law presents the possibility of detention for bullies older than 10, it emphasizes the principle of restorative justice. The primary objective is not to punish but to rehabilitate the perpetrators through specific programs and processes. The legislation aims to restore the balance that is disrupted when one child harms another, holding bullies accountable for their actions but focusing on their eventual rehabilitation.
Legal Implications for Schools
Under this new law, and in alignment with the South African Schools Act 84 of 1996, the state and, in some instances, public schools may be held liable for damages, injuries, or losses suffered by a pupil due to bullying. For example, a school that is aware of a student's persistent issues with bullies but fails to act could face liability for the harm inflicted upon the victim.
Defining Bullying: Physical and Emotional
The law categorically defines bullying in its various forms—ranging from physical assault, such as hitting or threats of hitting, to verbal abuse and humiliation in front of others, known as Crimen injuria. This broad definition aims to capture the multi-faceted nature of bullying, which extends beyond physical harm to include emotional and psychological abuse.
Age-specific Protocols
Children under the age of 10 are exempt from arrest, as they are considered to lack criminal capacity. For minors aged between 10 and 18, detention is considered a last resort, and they must be handed over to their parents or legal guardians if detained. The law also mandates that minors should be kept separately from adults to protect them from abuse or unfair treatment.
A Collective Responsibility to Address Bullying
Addressing the pervasive issue of bullying involves the concerted efforts of multiple stakeholders:
Department of Basic Education: This body is responsible for developing national anti-bullying policies, providing training and resources to schools, and monitoring compliance.
School Authorities: Schools must enforce anti-bullying policies, offer education on the subject to students, staff, and parents, and provide counseling and support services.
Parents: The role of parents is indispensable. They are encouraged to teach their children about empathy and respect, maintain open lines of communication, and collaborate with educators in addressing incidents of bullying.
The Department of Basic Education is tasked with providing ongoing guidance and support to schools, who, in turn, should engage parents and the community actively in their anti-bullying campaigns.
Pivotal Moment
This new legislation marks a pivotal moment in South Africa's approach to combating school bullying. By focusing on restorative justice and involving various stakeholders in a collaborative framework, South Africa aims to protect its younger generation from the crippling effects of bullying. Through these measures, the government hopes to foster a safer, more inclusive educational environment for all students.
