The Teddy Bear Foundation (TBF) has approached the Gauteng High Court in Pretoria seeking an order against the departments of social development (DSD), justice and constitutional development (DOJ&CD), basic education (DBE), provincial education departments (PEDs), South African Council of Educators (SACE) and Educators Labour Relations Council (ELRC) to discharge their constitutional and legislative obligations to maintain and implement the national child protection register (NCPR).
The TBF said the matter stems from a case in which Section27 was involved in 2022 when it represented a pupil who had been raped by a caretaker at a school in North West.
“The school’s governing body and the North West department of education (NWDoE) failed to take all steps necessary to hold the caretaker accountable. Section27 successfully intervened in the Mahikeng high court.
“We sought a mandatory order against education authorities to act in accordance with their constitutional, legislative and policy obligations. Subsequent to securing the order a disciplinary hearing was held and the caretaker was found guilty of rape. The NWDoE failed to place the caretaker on the NCPR despite requests by Section27.”
According to the Teddy Bear Foundation the case highlighted the failures of the NWDoE to report a case to the DSD to have the perpetrator placed on the NCPR.
“Over the past two years, Section27 and the TBF have engaged with the DSD, DOJ, DBE, PEDs, SACE, and the ELRC to establish the extent to which the NCPR has been maintained and implemented. The engagements revealed a failure by the DBE and PEDs to ensure and conduct the mandated vetting, respectively.”
“Sexual violence against pupils at schools remains a pandemic. SACE reported during the 2023/2024 reporting period they received 606 cases, of which 148 related to alleged sexual abuse by teachers. The numbers tell a story of a country failing to protect a generation.”
The TBF and Section27 are asking the court to order the respondents to fulfil their legal and constitutional duties by keeping the NCPR up to date and making sure teachers are properly checked and reported on through the register.
TimesLIVE
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.