The current system being used by the SA Council for Educators (SACE) to punish teachers who still mete out corporal punishment does not put the rights of children at heart.
Advocate Chris McConnachie argued this in the Pretoria high court where the Centre for Child Law, represented by Section27, is challenging SACE in a bid to secure harsher sanctions for two primary school teachers who used corporal punishment in separate incidents in Gauteng and Limpopo.
McConnachie told the court SACE has a system which uses a prescribed sentence for every offence that a teacher commits. However, these prescribed sentences are not centred on the rights of the children.
“Whenever a child is assaulted, it impacts on the right to dignity, right to freedom of security of a person and in addition the rights of children provided for under section 28 of the constitution. This includes the right to be protected from maltreatment, neglect and abuse,” said McConnachie.
“[During the disciplinary hearing] there was no attempt to get any form of representation from either the children or their parents on how the assaults had impacted them.”
SACE system does not put rights of children at heart, high court hears
Centre for Child Law wants harsher sanctions for teachers using corporal punishment
Image: Mark Andrews
The current system being used by the SA Council for Educators (SACE) to punish teachers who still mete out corporal punishment does not put the rights of children at heart.
Advocate Chris McConnachie argued this in the Pretoria high court where the Centre for Child Law, represented by Section27, is challenging SACE in a bid to secure harsher sanctions for two primary school teachers who used corporal punishment in separate incidents in Gauteng and Limpopo.
McConnachie told the court SACE has a system which uses a prescribed sentence for every offence that a teacher commits. However, these prescribed sentences are not centred on the rights of the children.
“Whenever a child is assaulted, it impacts on the right to dignity, right to freedom of security of a person and in addition the rights of children provided for under section 28 of the constitution. This includes the right to be protected from maltreatment, neglect and abuse,” said McConnachie.
“[During the disciplinary hearing] there was no attempt to get any form of representation from either the children or their parents on how the assaults had impacted them.”
Bring back the cane, says shaken teacher as provinces expel unruly pupils
In the first case, a seven-year-old boy had to be hospitalised after he was hit on the head with a pipe by his teacher in 2015.
In the second, a 10-year-old girl's ears bled after she was slapped and beaten by her teacher in 2019.
The teachers involved received identical sanctions: fines of an effective R10,000 each and removal from the roll of educators. However, this was suspended for 10 years.
McConnachie said the current system used by SACE does not even take into account the charges that each individual faces.
In the first case, the teacher faced four charges — two of assault and two additional charges of threatening pupils not to report the assault. The other teacher was charged with a single assault for using her hand. “But yet both teachers had an identical sanction imposed on them. There was no regard to the different nature of the assault,” he argued.
The hearing continues.
SowetanLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
READ MORE:
No lessons at Mamelodi school for two weeks
Children aged eight and nine allegedly raped while walking home from school
School principal arrested for alleged rape of 21-year-old pupil
School ‘spineless’ after boy broke my son’s nose: mom goes to cops
Corporal punishment still lurks in the classroom despite being banned
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Most read
Latest Videos