Discipline

in schools from a
South African
perspective.

Presented to you by J.D Bruwer

What laws safeguard students in schools?

• South Africa has a number of laws that protect learners from corporal
punishment and abuse. (Post 1994)

1. Section 12(1) of the Constitution.

2. Section 10(1) the South African Schools Act.
3. The 1997 Abolition of Corporal Punishment Act.
4. Section 7(1)(h) of the 2005 Children’s Act.
 Section 12(1) of the South African Constitution.

• Freedom and security of the person

• THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA,
• Section 12. (1) (a),(c),(e) 1996. (2020). Justice.gov.za.
https://www.justice.gov.za/legislation/constitution/SACons
• Everyone has the right to freedom and titution-web-eng.pdf
security of the person, which includes the ‌
right—
• (a) not to be deprived of freedom
arbitrarily or without just cause;
• (c) to be free from all forms of violence
from either public or private sources;
• (e) not to be treated or punished in a
cruel, inhuman, or degrading way.
 Section 10(1) the South African Schools Act

• provides that no person may administer corporal punishment at a school against a

learner. A person who contravenes this provision is guilty of a criminal offense, and, if
convicted, can receive a sentence that can be imposed for assault.
• The 1997 Abolition of Corporal Punishment Act also banned corporal
• punishment in schools.

• SECTION 2: SOUTH AFRICAN SCHOOLS ACT 84 OF 1996 Contents. (n.d.).

https://www.elrc.org.za/sites/default/files/documents/sa%20schools
%20act.pdf
‌
Section 7(1)(h) of the 2005 Children’s Act.

“Any behavior that would inflict

injury on a child whether it is
physical or emotional is not
allowed”

• CHILDREN’S ACT 38 OF 2005. (2005).

https://www.justice.gov.za/legislation/acts/2005-
038%20childrensact.pdf
 Apartheid and the history of the laws that
shaped discipline in South Africa.

• It’s important to note that we had three constitutions. 1910,1960 and 1983.
• In 1960 the white government held a referendum to decide whether South Africa would
become a Republic. On 31 May 1961 South Africa was declared a Republic and the
government adopted the second Constitution. This also took away the rights of black people.
• In 1983 the government passed the third Constitution.
This Constitution created the tricameral parliament,
which meant there was a separate parliament for the
White, Coloured and Indian groups.
This Constitution excluded black people and automatically
made them citizens of the homeland where they were born.
They had no rights outside these homelands.
 Apartheid and history of Corporal
punishment.
• The use of corporal punishment in schools has historically been justified by the
common-law doctrine in loco parentis, whereby teachers are considered
authority figures granted the same rights as parents to discipline and punish
children in their care if they do not adhere to the set rules.

• The governing party being white and Christian added to the way of discipline by
using scripture to justify actions within schools seeing as most values were
underpinned by Christian principles. One of those scriptures being:
• “Proverbs 23:1.Do not hold back discipline from the child, Although you strike
him with the rod, he will not die.”

Morrell, R. (2001). Corporal punishment in South African schools: a

neglected explanation for its persistence. South African Journal of
‌Wikipedia Contributors. (2019, April 9). School corporal punishment.
Wikipedia; Wikimedia Foundation.
Education, 21(4).
https://en.wikipedia.org/wiki/School_corporal_punishment
https://www.ajol.info/index.php/saje/article/view/24918/20530
‌
The two sides of the coin in a complex
democracy. (Pro’s and Con’s of the law)

• The positive side:

It shifts the responsibility from the educator to the parent to fulfill the
disciplinary responsibility at home.
It allows vulnerable students to be protected from the cultural pitfall of
ignorance. (meaning that cultural reasons cannot be justified for abusing
children) *especially males hitting female students.
The law allows educators to think twice before venting their anger and
frustration with the broken system through violence.
Ushers in a new form of education that fosters reflection rather than
authority and obedience without question.
A case study where the law has protected
students.

Hlatshaneni, S. (2017, November

4). Pupil stripped naked, detained
in cell-like room for
“inappropriate” haircut. The
Citizen.
https://www.citizen.co.za/news/s
outh-africa/north-west-school-
detains-pupil-with-inappropriate-
Where the policy/law has failed. (negative
outcome)

• Students have lost respect for teachers because there is no fear of

consequences and thus challenge authority which leads to more problematic
issues like students not taking their studies seriously and failing.
• Students pushing the limits and finding there is no threshold because there
is no law that protects the teacher against physical harm . Seeing as the law
doesn’t apply equally to adult vs under-aged persons.
• Teachers have large amounts of students in one class which tends to have
more social friction between male students, which ends up leading to
physical altercations. (leaving the teacher yet again powerless because they
can’t/won’t intervene out of fear of getting dragged to court for touching a
student.
Opinions from two South African teachers
(South African Journal of educations)
Male TEACHER
• “At my school the majority of
learners, especially boys seem to
care less about how they talk
and address the teachers. When
you instruct them to do some
work they just look at you as if
you don’t exist. As a teacher I
feel helpless and I feel that
there is not a lot that I can do to
help my rebellious learners”
Female TEACHER
‘’I normally refer to the learners’
Code of Conduct and the classroom
rules when learners transgress
them. However, it looks as if the
[school rules] do not have any effect
on them. They are just rules that
have gathered dust and it is futile to
manage learners’ disrespect and
misconduct through rules of the
school’’

• South African public school teachers’ views on right to discipline learners.

(2018). South African Journal of Education, 38(2).
https://doi.org/10.15700/saje.v38n2a1448
Agency, A. N. (n.d.). Pupil stabs teacher to death at
North West school. Retrieved February 8, 2023, from
https://www.iol.co.za/news/south-africa/pupil-
stabs-teacher-to-death-at-north-west-school-
17057705
‌
Agency, A. N. (n.d.). Pupil stabs teacher to death at
17-year-old learner killed teacher for not allowing
North West school. Retrieved February 8, 2023, from
him to jump the food queue. (n.d.). CapeTalk.
https://www.iol.co.za/news/south-africa/pupil-
https://www.capetalk.co.za/articles/319280/17-
stabs-teacher-to-death-at-north-west-school-
year-old-learner-killed-teacher-for-not-allowing-him-
17057705
to-jump-the-food-queue
‌
‌
Agency, A. N. (n.d.). Pupil stabs teacher to death at
17-year-old learner killed teacher for not allowing “Zero respect”: SA stands with teacher who threw teen across
North West school. Retrieved February 8, 2023, from
him to jump the food queue. (n.d.). CapeTalk. room [watch]. (2022, March 11). The South African.
https://www.iol.co.za/news/south-africa/pupil-
https://www.capetalk.co.za/articles/319280/17- https://www.thesouthafrican.com/lifestyle/teacher-
stabs-teacher-to-death-at-north-west-school-
year-old-learner-killed-teacher-for-not-allowing-him- pupil-altercation-free-state-education-department-
17057705
to-jump-the-food-queue watch/
‌
‌