A legal failure to protect children at school

SCHOOLS should be a safe environment, a place of learning where children can develop their potential. In South Africa, many public schools aren’t like this. Instead they are hothouses for teachers’ poor performance, financial mismanagement, assault and sexual misconduct.

- CECILE DE VILLIERS

When cases of misconduct in schools emerge, they tend to follow the same pattern: public outcry, media involvement and political promises.

What often follows is inaction. Teachers are not always held accountable.

One reason is a fragmented legislative framework applicable to teachers. This can be explained using sexual misconduct as an example.

As a labour law researcher, I analysed legislation, statistics and 137 arbitration awards involving teachers, and found that fragmentation in legislation results in a lack of co-ordination between key role players on two levels.

First, in preventing sexual misconduct by teachers at schools, and second, in addressing it once it has occurred. The lack of co-ordinated legal obligations means that it’s left to a few diligent role players in the education system to ensure prospective teachers are suitable to work with children, and to pursue discipline in the case of sexual misconduct.

The South African Council for Educators is the professional body in education responsible for maintaining ethical and professional standards. All teachers in South Africa must be registered with the council.

Their continued registration depends on their conduct. Anyone is allowed to lodge a complaint against a teacher. If a teacher seriously breaches the code of professional ethics, their name can be removed from the register. The effect is that they are prohibited from working at any school in the country (provided their prospective employer checks their registration status).

The Council for Educators Act applies to all teachers, whereas the Employment of Educators Act applies only to those employed by the department. The general rules of the Labour Relations Act apply to the employment of teachers appointed by school governing bodies.