STANLEY MAPHOSA | Is the attempt to end bullying in schools empowering children or burdening them?

As advocates for safe schools rally behind a new legislative regime, a number of important questions have to be considered

30 August 2023 - 21:12 By Stanley Maphosa
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The Nelson Mandela Children’s Fund 2017 report on Sexual Violence in Schools in South Africa (SeVISSA) revealed 42% of pupils reported that they had experienced bullying.
INTIMIDATION The Nelson Mandela Children’s Fund 2017 report on Sexual Violence in Schools in South Africa (SeVISSA) revealed 42% of pupils reported that they had experienced bullying.
Image: 123RF

Schools should be a safe haven for children, a place where they can grow, learn and thrive without fear of violence or intimidation. Unfortunately, bullying remains a pervasive issue in many educational institutions, with damaging effects on the mental health, academic performance and overall wellbeing of those affected.

The recent reports on the forthcoming Basic Education Laws Amendment (BELA) Bill, which proposes jail time for school bullies between the ages of 10 and 18 years old, provides an opportunity for South Africans to address this issue head-on.

As advocates for safe schools rally behind a new legislative regime, a number of important questions have to be considered: should the onus of reporting bullies at police stations rest with the children? Could this not add further trauma to an already vulnerable child? Instead of burdening children, should the proposed bill not empower teachers and caregivers to report these cases, sparing children the responsibility that rightfully belongs to adults?

Expecting children to be the ones to go to police stations puts a burdensome task on their shoulders. It can’t be the best solution that we could come up with. Therefore, society needs to find a different solution to the problem. This debate goes beyond intellectual discourse as it strikes at the core of our societal values and our commitment to protecting the mental wellbeing of our children and youth.

The Nelson Mandela Children’s Fund (NMCF) has long advocated for safe schools and is committed to stand against bullying. We are pleased that government has recognised the severity of bullying and is taking steps to address it through legislation. However, we urge caution in considering the suggestion of incarcerating children who bully their peers.

Our 2017 report on Sexual Violence in Schools in South Africa (SeVISSA) revealed that bullying is a significant issue in schools. The report found that 42% of pupils reported that they had experienced bullying, with verbal bullying being the most common form. The effects of bullying on mental health, academic performance, and self-esteem can be long-lasting and severe. The report found that pupils who are bullied are more likely to miss school, which can have a negative impact on their education.

By recognising the detrimental effects of bullying, the Bela Bill takes a significant step forward in protecting and empowering children to report incidents and seek court protection orders without requiring parental consent. While some may argue that this is a harsh approach, it is important to consider the impact that bullying can have on pupils and the need to protect them from harm. The NMCF wants to see the intentions of this bill harmonising with other laws that have already been enacted to ensure the safety and protection of children in South Africa.

Among these laws is the Children’s Amendment Act 28 of 2016, which emphasises restoration rather than punishment for children who cause harm. This aligns with the Child Justice Amendment Act 28 of 2019, highlighting restorative justice and the distinction of moral standards for offenders. Critical here is assessing a child’s criminal capacity — a principle that affects how young perpetrators are treated in the legal sphere.

As the courts become a refuge for these young souls, questions emerge: are magistrate’s courts adequately prepared to handle an influx of children seeking protection orders?

Criminal capacity recognition becomes pivotal in the context of bullying. This acknowledges that children aged 14 to 18 are subject to arrest based on their criminal capacity. In addition, the Protection from Harassment Act 17 of 2011, empowers children to seek protection orders without parental involvement, ensuring the victim’s safety from further harassment.

While we support the proposed Bela Bill’s objectives, it is imperative that the principles underlying these existing laws are woven together. By recognising and reinforcing the interrelationship of these laws, we can create a comprehensive framework that supports safe schools and the wellbeing of our children. This holistic approach not only emphasises accountability but also promotes rehabilitation, education, and prevention as essential elements in addressing the complex issue of bullying.

However, the implementation of such a bill requires meticulous planning, rigorous evaluation and continuous monitoring. The distinction between consent and parental permission is crucial; children should have the right to safeguard themselves without being hindered by the very adults who should protect them.

As the courts become a refuge for these young souls, questions emerge: are magistrate’s courts adequately prepared to handle an influx of children seeking protection orders? How will the education system navigate the dual responsibility of rehabilitating tormentors while supporting the bullied?

The law, though essential, is only one part of this complex puzzle. Parents must also be educated about their rights and responsibilities. Those with bullying children might face the harsh reality of multiple protection orders — a necessary consequence.

Conversely, parents of the bullied must not be stripped of their voice; reporting bullying incidents involving other children demands careful consideration, as it could affect relationships within the community. Effective implementation, ongoing monitoring, evaluation and reflection are essential to ensure that well-intentioned policies manifest into tangible change, and that they stand the test of constitutionality.

While our hearts cry out against bullying, we must remember that our fight does not impede the right to education. Protection orders may stipulate physical distance, but how will schools navigate this spatial challenge? How will we ensure that victims and bullies can both access education without perpetuating a cycle of violence? Striking a balance between enforcing the protection orders and safeguarding the right to education is essential.

The implementation of the Bela Bill must be accompanied by rigorous evaluation to assess its effectiveness in curbing bullying and protecting young lives. Monitoring the implementation will enable adjustments, where necessary, ensuring that the legislation is in line with constitutional principles. Ongoing evaluation will also help measure the impact of the bill in creating safer educational environments that respect and uphold the rights of all children. As advocates for safe schools, it is our responsibility to champion the cause against bullying and support initiatives such as the Bela Bill.

The fight against bullying is a critical battle to create safe and nurturing educational environments. We applaud the government’s efforts in addressing this issue. By adopting a clear stance against bullying and prioritising the wellbeing of pupils, we can ensure that schools become havens of learning, free from intimidation and fear.

Dr Stanley Maphosa is the chief programmes officer at the Nelson Mandela Children’s Fund and a social scientist

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