The Teddy Bear Foundation (TBF) and SECTION27 have urged the court to step in, demanding that authorities uphold their constitutional and legal responsibilities by properly maintaining the National Child Protection Register (NCPR) and ensuring all educators are thoroughly vetted and reported against it.
This follows a 2022 case in which SECTION27 represented a learner sexually assaulted by a school caretaker in the North West province.
SECTION27 said the school’s governing body and the North West Department of Education (NWDoE) failed to take all necessary steps to hold the caretaker accountable. After intervening successfully in the Mahikeng High Court, SECTION27 secured a mandatory order compelling education authorities to act in line with their constitutional and legislative duties.
“We sought a mandatory order against various education authorities to act in accordance with their constitutional, legislative, and policy obligations.”
The organisation stated that despite a disciplinary hearing later finding the caretaker guilty of rape, the NWDoE failed to place him on the NCPR, even after multiple requests.
“This case highlighted the failures of the NWDoE to report a case to the DSD to have a perpetrator placed on the NCPR,” it said.
SECTION27 highlighted that the NCPR, created under the Children’s Act of 2005, is a crucial safeguard against child abuse, including sexual abuse. Placement on the NCPR does not require a criminal conviction, but it bars individuals from working with children.
The organisation added that the provincial education departments are legally obligated to ensure that perpetrators are listed on the NCPR and to vet all employees who work with children against it, preventing those deemed unsafe from ever having access to schools.
SECTION27 and the TBF further stated that they have spent the past two years engaging with key government bodies, including the Department of Social Development, Department of Justice, DBE, provincial education departments, South African Council for Educators (SACE), and the Education Labour Relations Council, to assess how effectively the NCPR is being maintained and implemented. These engagements revealed serious shortcomings, with the DBE and provincial departments failing to carry out the mandated vetting processes.
The organisation warns that sexual violence against learners remains a national crisis. They noted that SACE recorded 606 cases in 2023/24, including 148 involving educators
“The numbers tell a story of a country failing to protect a generation and an urgent need to deal with cases of sexual violence speedily, effectively and in a manner that centres on the needs of victims, particularly when victims are children,” it said.
The organisations argue that all respondents in this case have constitutional and legislative obligations to safeguard children and learners from sexual and other forms of abuse.
SECTION27 added that the respondents’ failure to protect learners from abusers infringes on their rights to education, dignity, freedom, security, and privacy.
"Schools ought to be places of safety where children can thrive and be free from all forms of violence," said SECTION27, while urging the court to mandate the respondents to fully uphold their duties by maintaining the NCPR and ensuring educators are properly reported and vetted against it.
The Star
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