The Department of Basic Education (DBE) continues to tighten school governance and management in the Basic Education Sector, specifically on issues pertaining to compliance to disciplinary hearing procedures focusing on learner misconduct. The DBE, joined by the South African Human Rights Commission (SHRC) and the Equal Education Law Centre (EELC), co-hosted a two-day learner misconduct management session meant to review procedures followed by schools in disciplining learners who breach school codes of conduct.  

With reference to a recent research study on disciplinary measures initiated by schools in maintaining positive behaviour amongst learners, it is clear that an urgent intervention is required to ensure that children’s rights to basic education are not infringed upon.  The study was conducted by the DBE, SHRC, EELC and academics, including Dr Mollo from the University of North West. The findings pointed to the prevailing illegal procedures fostered by schools in dealing with learner misconduct. These included learner expulsion and suspension without conducting disciplinary hearing; disciplinary hearing conducted in the absence of parents; recommendation for expulsion not sent to the Education Head of Departments for final decision to be made; the use of lawyers during disciplinary hearing for learners; and learners being expelled for minor incidents.

The SAHRC is the custodian and the protector of human rights of all citizens in South Africa. They are also responsible for protecting children’s rights in education. The EELC is one of the civil organisations tasked with responsibility to protect quality and equal education in the South African schools.

Mr James Ndlebe, the Director for Education Management and Governance Development, said that the two-day session was meant to assist the DBE in developing a guideline to assist provinces, districts and schools about the procedural steps to be taken when learner misconduct has been reported. “Dealing with learner misconduct should be linked to the school codes of conduct, such that the children’s right to education is not compromised. This implies that a disciplinary hearing procedure should be in-line with the human rights culture of fairness, dignity and access to information, respect for cultural values and diversity as well as consideration of religious differences and values.  We therefore intend to use the engagement to provide the necessary response to the challenges faced by learners whenever they were summoned for disciplinary hearing in schools across all nine provinces.  We have seen an increase in the number of learners expelled by schools. In most cases, such expulsions were often not procedural because schools took shortcuts to punish the learners. The development of the highlighted guideline will afford the DBE and partners an opportunity to educate the School Governing Bodies (SGBs) and members of school communities about their rights and responsibility when confronted with learner misconduct during school hours.  I am really looking forward to the end-result of this engagement and hopefully it will be cascaded to the relevant education stakeholders to obtain further comments urgently," highlighted the Director.