South Africa continues to face a distressing rise in statutory rape cases where young learners, some as young as 10 or 12 years old, become victims of sexual violence and teenage pregnancy. Basic Education Minister, Ms Siviwe Gwarube, led a delegation of senior managers from the Department of Basic Education during a Portfolio Committee on Basic Education Statutory Rape Stakeholder Engagement in the National Council of Provinces (NCOP) Chamber in Parliament, Cape Town, on 11 November 2025. The aim of the engagement was for closer collaboration and a multi-sectoral approach in dealing with the prevention and management of these cases.

Portfolio Committee on Basic Education Chairperson, Ms Joy Maimela, officially opened the Statutory Rape Stakeholder Engagement whilst Ms Portia Mbude-Mutshekwane, Committee Content Advisor, provided the background and objectives of the engagement.

Deputy Minister, Dr Reginah Mhaule, attended virtually, stating that the prevalence of statutory rape continues to inflict deep wounds upon learners, undermining their physical and psychosocial wellbeing, and affecting academic performance.

In addressing the Committee, Minister Gwarube indicated that there are several pieces of legislation that provide a solid foundation for intervention, together with the DBE’s 2019 Protocol for the Management and Reporting of Sexual Abuse. The presentation covered three critical areas: the legislative and policy framework that defines the DBE’s obligations; the systems of accountability through the South African Council for Educators (SACE), the Education Labour Relations Council (ELRC) and the Provincial Education Departments (PEDs); and multisectoral interventions that address prevention and response. The Minister agreed that although there are still gaps in reporting, vetting and psychosocial support, the Department has taken deliberate steps to strengthen accountability.

In terms of vetting, all educators must be vetted in terms of the Criminal Law on Sexual Offences and Related Matters Amendment Act, 2021, against the National Register for Sex Offenders (NRSO) to determine their suitability to work with vulnerable people. The DBE has established a monthly forum, along with PEDs and the Department of Justice and Constitutional Development (DoJCD), to build a dedicated vetting support system against the National Register for Sex Offenders (NRSO), making the DBE a proactive protector, not a dependent observer. “The DBE has developed a Standard Operating Procedure (SOP) on sexual misconduct to guide PEDs on the steps to follow when an educator is found guilty of sexual offences. The SOP provides clear procedures for handling and managing such cases to ensure appropriate action is taken. The Government Gazette published in 2021, ensures that those unfit to work with children are permanently excluded from the system”.

However, policy and procedure are not enough as learners experience trauma, fear, shame and limited access to justice, and for this reason, the DBE continues to work with the South African Police Service (SAPS); the Department of Social Development and the DoJCD to strengthen the response to assist learners.

The South African Council of Educators (SACE) Employment of Educators Act (section 17), which provides for a list of serious misconduct that warrants dismissal if found guilty, prohibits acts of sexual assault on learners or other employees, including a sexual relationship between an educator and a learner of the same school. The ELRC Collective Agreement 3 of 2018: Inquiry by arbitrators ensures that cases of sexual misconduct are centralised and dealt with by an independent panel of arbitrators to streamline the disciplinary process and protect the rights of child victims.

During the stakeholder engagement, it was agreed that the current challenge is not the absence of law, but the failure of implementation due to policy gaps and inconsistent compliance across provinces. Cases of sexual abuse are sometimes handled internally rather than being reported to law enforcement. Ms Maimela said that “we must accelerate the establishment of multi-disciplinary response teams; establish a centralised national child protection database linking the Department of Health (DoH), DSD, DBE, SAPS and the National Prosecuting Authority (NPA) with real-time tracking of cases, identify hotspots, and ensure accountability throughout the reporting and justice chain. In addition, communities must be mobilised through awareness campaigns, parenting programmes, and faith-based partnerships”. The engagement was a call to collective action to move from policy abundance to implementation excellence, from fragmentation to integration, and from silence to accountability.

Moving forward, the Chairperson will meet with the Chairpersons of the other relevant Committees to present this Committee's recommendations. Subsequently, a submission will be drafted and presented to Parliament before the final report is brought back to this Committee.