NATIONAL NEWS - The SA government is looking into establishing new laws that could see school bullies facing jail time.
Bullying in South African schools has become a silent killer among the youth today.
This is mainly because many pupils do not disclose what they go through on a day-to-day basis at school, which is contributing to an increase in suicides among pupils.
If found guilty of bullying, minors between the ages of 10 and 18 could face imprisonment under this rule.
Currently, there are four laws in the country which protect victims of bullying. These are the SA schools Act 84 of 1996, the Children’s Act 38 of 2005, the Child Justice act 7f of 2008, and the Protection of Harassment act 17 of 2011.
According to Law For All’s online website, whose mission is to make law accessible and affordable for everyone, currently in South Africa a bully cannot be arrested if he or she is under the age of 10.
A bully over the age of 10 can only be detained as a last option before being released to their parents or legal guardians.
If the authorities do detain a bully, they must be kept isolated from adults and safeguarded from any unfair treatment or abuse. A probation officer must assess the culprit immediately after arrest and present in court for a preliminary hearing within 48 hours.
Speaking to ENCA, Basic Education spokesperson Elijah Mhlanga said the government is currently considering new rules that would allow school children to obtain a protection order against another, with the possibility of jail time if the bully violates the order.
“It is clear that South Africa has a huge problem when it comes to bullying, especially among those of school-going age,” said Mhlanga.
In a recent report by The Witness, a Pietermaritzburg pupil attempted to hang herself in a classroom and had to be hospitalised, due to being bullied by another pupil at school.
The young girl is said to have attempted suicide after everyone had left the school during break time.
Her friend discovered her and helped the pupil climb down from the table before running to call the school’s deputy principal.
In another incident at Woodlands Secondary School, in Pietermaritzburg, on Tuesday, two pupils were assaulted and badly injured in a fight on school premises.
When approached by the police to open up a case, the pupils refused out of fear for their safety.
The Witness asked the chairperson of the school’s governing body, Shenaz Pillay, about how she felt the new laws would help school children who are being bullied.
“It has its pro’s and con’s. Restraining orders could definitely help children in schools, as it would be a way of showing bullies that there are repercussions for their actions.
“The jail time, however, is a bit touchy. I think it would depend on the severity of the situation,” said Singh.
She said all these things sometimes stem from not enforcing the code of conduct in schools, however, she agreed that a restraining order could be of some help in schools.
