2024-11-29

Bullying in South African schools poses a significant challenge to the safety and well-being of children.

Bullying in South African schools

From November 15th-19th, South Africa observed Anti-Bullying Week, joining global efforts to raise awareness of the dangers of school bullying, cyberbullying, and harassment affecting our children and young adults.

A South African Reality

Bullying in South African schools poses a significant challenge to the safety and well-being of children. It remains one of the most underestimated yet persistent issues in education today. While adults may often be unaware of the extent of bullying, research reveals that it touches the lives of most South African children—whether as bullies, victims, or witnesses.

Over the past six to nine months, there has been an alarming rise in cases of bullying in South African schools, leaving parents feeling helpless and overwhelmed. Educators, school leaders, and governing body members are acutely aware of the issue but often unsure how to address it effectively. They, too, are grappling with this growing crisis.

The statistics of bullying in South African schools paint a sobering picture: 

  • Over 3.2 million learners in South Africa experience bullying each year. 
  • More than 67% of bullied children never seek help, believing it won’t make a difference. 
  • 90% of bullying incidents are perpetrated by learners themselves. 
  • Each day, 160,000 high school learners skip school to avoid bullying. 
  • 1 in 10 learners leave school altogether due to bullying. 
  • 16% of learners report being victims of cyberbullying.

Tragically, in the past month alone, three South African children under the age of 15 have lost their lives to suspected depression or desperation linked to bullying. 

This crisis demands immediate and collective action to create safe, supportive environments where every child feels protected and valued.

Bullying and the South African Legal Framework 

Addressing bullying in South African schools is far from simple, despite calls for zero-tolerance policies. The legal framework surrounding bullying is extensive and complex, involving over 20 laws and regulations, including: 

  • The Constitution and the Bill of Rights: Bullying violates at least six constitutional rights, which schools are duty-bound to protect. 
  • The Children’s Act: This places significant responsibility on educators and staff, requiring them to act as caregivers (in loco parentis), even outside school hours. 
  • The Schools Act 
  • The Protection from Harassment Act
  • The Child Justice Act: Governs how young offenders are handled within the justice system. 
  • The Protection of Personal Information Act (POPIA)

Additionally, implied legal duties, case law, and common law principles like the Rules of Natural Justice add to the complexity. Importantly, there is no unified law defining or addressing bullying, nor is there an official definition, further complicating efforts to combat it.

 

Recognising the Signs of Bullying:

Since bullying is often unspoken, especially in forms that don’t leave physical marks, parents and educators must be vigilant. Recognising these signs early and taking proactive steps can make a critical difference in supporting a child who may be experiencing bullying.

Bullying Forces SA Kids to Drop Out of School

Legal Risks for Schools 

Schools often face legal challenges for failing to prevent or respond appropriately to bullying. Disciplinary actions, while guided by school Codes of Conduct, must also align with the Constitution, common law, and the Rules of Natural Justice. Failure to comply can result in courts overturning disciplinary actions or awarding damages to the affected learner.

Protective Measures 

If criminal charges are not pursued, victims or their families can seek a protection order under the Protection from Harassment Act. Similar to a restraining order, this measure provides some protection but raises practical challenges for schools where both parties are present. 

Effectively addressing bullying in schools requires navigating these overlapping legal responsibilities while ensuring the safety and well-being of all children.

9 Steps to Take if Your Child is Being Bullied:

1. Gather Information:

  • Document details like dates, times, places, actions, and any threats.
  • Keep a record of all incidents, including any threats outside of school. For threats beyond school, contact the police.

2. Check School Policies:

  • Request a copy of the school’s anti-bullying policy to see if any rules were violated.

 3. Meet with the Principal:

  • Share your child’s story and ask for the school’s help.
  • If the bullying violated school policies, bring it to the principal’s attention.
  • Collaborate on a plan to stop the bullying and write down the steps the principal agrees to take.

4. Follow Up in Writing:

  • Send a thank-you letter to the principal, summarising agreed actions and attaching a Bullying Prevention Bill of Rights if you have one. This reinforces that you expect a resolution.

5. Monitor Progress:

  • Check-in with your child to see if the bullying has stopped.
  • Follow up with the principal on the progress.

6. If Bullying Continues:

  • Document ongoing incidents.
  • File a formal Notice of Harassment if necessary, escalating to the board of education if the issue persists.
  • If threats are involved, contact law enforcement immediately.

7. For Cyberbullying:

  • Review the school and national anti-bullying policies to see if cyberbullying is included.
  • Report the cyberbullying to the school, police, and the social media platform or internet service provider.

8. If Issues Remain Unresolved:

  • File charges with the school board or law enforcement if appropriate.
  • Schools may file only minimal charges, so consider filing charges directly to ensure they’re documented.

9. Why Filing Charges Can Help:

  • Accountability: Filing charges create a documented record of the bullying behaviour.
  • Long-Term Impact: This record may influence future actions if the bully is involved in further offences, showing a pattern of behaviour.

 

At KILT, we believe building safe, nurturing environments for our kids is paramount. By understanding the challenges they face and equipping ourselves with practical tools, parents, educators, and communities can make a meaningful difference in the lives of children across South Africa.

Together, let’s build schools where respect, safety, and learning go hand in hand.

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