The South African Schools Act provides schoolchildren with the option to request protective orders against individuals who harass them, aiming to prevent self-harm or suicide. Minors aged 10 or older found guilty of bullying could face imprisonment. Children can request protection orders without parental consent.
Alarming Statistics Prompt Scrutiny of Bullying’s Role
Recent reports indicate that five students in Gauteng schools committed suicide within a few weeks. Bullying can manifest in various forms, including physical assault, verbal abuse, crimen injuria, and public humiliation through name-calling.
Imprisonment as a Last Resort
Imprisonment should be a last resort when addressing bullying cases involving children between the ages of 10 and 18. The Children’s Act 38 of 2005 aims to focus on restorative justice through specific programs and processes rather than punishment.
Responsibility for Damages and Harm
The South African Schools Act holds the state and particular public schools responsible for damages or harm suffered by a pupil due to bullying. Bullies under 10 cannot be arrested, while those aged 10 to 18 can only be detained as a last resort and handed over to their parents or legal guardians.
Addressing Cyberbullying
South Africa ranks as the fourth-highest global hotspot for cyberbullying. The Child Justice Act 75 of 2008 addresses cybercrimes involving children and provides a framework for handling children accused of committing such offenses.
Support for Bullies
Young bullies often experience emotional harm and require support through programs that offer care and firm guidance. Juvenile courts may mandate participation in such programs or assign them to secure care facilities.
Risks for Students
The 2012 National School Violence Study indicated that 22.2% of high school pupils experienced violence or threats, with 20% subjected to cyberviolence. These students are at a higher risk of developing issues like substance abuse, anxiety, depression, and dropping out of school.
Hope for Change
South Africa’s legal system has established protective measures under the South African Schools Act to help curb the rise of bullying incidents and their associated consequences. By addressing the issue at its core and providing support to both victims and offenders, there is hope for lasting change in schools and a safer environment for all students.
