1. Report of the Select Committee on Education and Recreation on Public Hearings held by Provincial Legislatures on Sexual Violence in Schools, dated 12 February 2002:

The Select Committee on Education and Recreation reports as follows:

INTRODUCTION

The Select Committee on Education and Recreation requested Standing Committees in all legislatures to hold public hearings on sexual violence in schools. This took place after the Human Rights Watch sent a report to the Select Committee entitled "Scared at Schools". The report indicated that sexual abuse and harassment of girls by educators and fellow learners are widespread in South African schools.


The following legislatures held public hearings:

_ North West.
_ Northern Cape.
_ Eastern Cape.
_ Free State.
_ Mpumalanga.

The Western Cape did not have public hearings, but had a debate in the Legislature. They also have guidelines on how to deal with sexual violence in schools.


Due to time constraints, the Gauteng Legislature was unable to have their public hearings in 2001. The Legislature, has however scheduled to have the public hearings on 14 and 15 March 2002. There will be 8 regional workshops across the Province. Principals and Chairpersons of School Governing Bodies from all schools in the province, together with learners, will attend these workshops, which will focus on solutions to the issue of sexual violence in schools. The Legislature will also invite experts on gender violence to facilitate the workshops.

This Report focuses on the submissions made in the provinces, and the recommendations from stakeholders. Furthermore, it report deals with the findings and recommendations of the Select Committee.
SUBMISSIONS

THE NORTH WEST EDUCATION STANDING COMMITTEE

 

The Education Standing Committee of the North West Legislature visited schools in the Temba District, Rustenburg, Klerksdorp, Taung and Mmabatho. The Committee heard input from educators, educators' unions, social workers, and the police. This section focuses on the sexual abuse of learners generally, including abuse that took place outside school premises.

 

The table below shows cases that have been reported to the police in different regions of the North West province. However, most of the sexual abuse cases go unreported. The cases noted below include rape, abduction and indecent assault.



Cases reported to the Police

TownRapeIndecent assaultAbductionUnspecifiedGanyesa15Groot Marico7052PotchefstroomMogwase130204Moretele District375MothibistadPudumoe924Mmabatho4Vryburg55112

q Temba District

The hearings for the Temba District revealed that girls from the age of 15 years and below have fallen survivor to sexual violence. These incidents happen at home, on the way to school and even at school. The survivors know most of the perpetrators either as neighbours or as relatives. Some of the cases are never reported, while others are withdrawn or dropped.


Educators report most of these cases to the police after being told by the learners themselves. In some cases, when the educator reports an alleged incident to the parents, the family chooses to deal with the matter privately.


Sexual violence incidents in Temba

Age of childGender


AbuseWhere it happenedPerpetratorWhether police have been informedStatus of the case
14

Girl

Rape

School toilets
Unknown man
Suspect handed to the police7

Girl



RapeOn the way to school (other girls were also raped)Adult male known to the survivor10



Boy





Sodomy


Bushes in the village


Known villager


Suspect arrested
Blood samples disappeared and the court could not proceed with the case13
Girl
Home
Adult male know to the survivor
Parents withdrew the case
15
Girl
Aunt's house
Adult male known to the survivor
Case never reportedResolved as a family affair
9 and 10SistersAdult male known to the survivorCase with CPU Child Protection Unit7GirlYoung male known to the survivorArrestedThe boy was released because he was a juvenile14GirlHomeYoung male known to the survivor

_ Submission by the South African Police Services (SAPS)

The SAPS in the area work with the Child Protection Unit (CPU) and social workers when dealing with sexual violence cases involving children. The CPU informed the public that:


o They have the right to report cases without giving their names.
o Educators have the right to reopen cases that have been withdrawn by parents.

The CPU voiced their concern that parents do not advise and guide their children. They appealed to parents to talk to their children.

q Rustenburg

As is the case in the Temba District, the table below shows that children in the Rustenburg area are raped by people who are known to them. Cases that were reported, mostly involved girls between the ages of 8 and 17 years. These incidents also happen either at home, at school or on the way to school.


Sexual violence incidents in Rustenburg

AgeGenderNature of violenceWhere it happenedPerpetratorWhether police have been informedStatus of case
13

Girl

Rape

Adult male

No case opened
Girl threatened by perpetrator14GirlRapeSchool13

Rape



Adult male



Case postponed


No interpreter
Man does not speak
Setswana or EnglishPre-school children
Rape

Graveyard

Adult male known to the survivors Sentenced for 1 yearGirlRape


Grandmother's house

Adult male known to the survivor The girl was again raped by another adult male known to her
The girl reported this to the neighboursGirl removed by here father from the house Learners/educatorsAbuseSchoolAdult male known to the survivorDivision among educators8 and 9

Girls

Rape

No case opened
Parents denied incident (took money from perpetrator)17GirlRapeYoung male known to the survivorReported to Principal14GirlRaped and murderedLocal stadiumGroup of boys 14GirlRapeHomeAdult male known to the survivorCase reported by educatorEducator failed to testify after receiving threatsGirlAdult male known to the survivorMan releasedNo evidence



_ CPU

The CPU in Rustenburg informed the Committee that they:


_

Needed full co-operation of parents and educators and, appealed to them that they have to support the children.

_ Visit schools to give lessons about sexual abuse.
_

Have also started the "Adopt a Cop" programme, where cops will be "adopted" in schools. Children would go to a particular police officer when they have problems.


q Klerksdorp

The police in Klerksdorp reported that the most dominating crime in schools is assault in classrooms and toilets. They suggested that educators should teach children how to report these incidents. The Child Protection Unit in the area visits schools to give learners lessons on sexual abuse, drug and alcohol abuse as well as crime prevention.

 

Some of the evidence heard by the Committee includes:


_

A case of a 15-year old girl who was raped on her way to school. She reported the matter after 3 days, and the court ruled that there was no sufficient evidence, although the doctor confirmed that the girl was raped.


_

A 16-year old girl who was killed and cut into pieces. The community knows the perpetrators but no one is prepared to come forward.


_

A learner who reported being abused by her educator to her class teacher but was threatened and told to change the details of the case.

 

The learners appealed to the public to protect and support them because they are survivorised by educators at school. They informed the Committee that they are usually failed if they refuse advances from educators.


q Taung

The table below indicates that reported cases of sexual violence in the area mainly involve girls between the ages of 15 and 17 years. It is also evident from the table that in most cases, the survivors know the perpetrators.

 


Sexual violence incidents in Taung

Age
Gender

Abuse
Where it happenedPerpetratorWhether police have been informed


Status of the case
15

Girl

Rape


Adult male known to the survivorOut on bail16

Girl

Rape

Car

Adult male known to the survivorArrested

17


Girl


Rape


Known young male

Case reported to the police
Boy still at school. Never arrestedGirl






Rape






Known young male





Dealt by two families. Younger brother arrested after also raping the girlThe boy was released on bail16
Girl
Released on bail15

Girl

Rape

Home

Adult male known to the survivor Case withdrawn

q Mmabatho

Evidence heard by the Committee included:


_

The case of an 11-year-old girl who was raped by her 35-year-old uncle. The girl was given orders to change her statement and the case was withdrawn after family members had met and decided that it was a family matter.


_

The case of a man who transported primary school learners. He raped two girls aged 7 and 8 years. This incident was reported and the man was arrested, charged and sentenced to 7 years in prison.

Recommendations by the North West


q SAPS/ Child Protection Unit

The South African Police Service and the Child Protection Unit recommended that:


_

There be close co-operation between the Departments of Education, of Justice, of Social Development and the SAPS. Furthermore, there should be programmes to educate children on how to protect themselves from sexual violence.


_

Schools should stop sending children out with donation lists, as some people take advantage of the children and abuse them.


_

Investigating officers be trained for the job. In addition, steps should be taken against investigators who accept bribes from perpetrators.


_

The community be taught to support rape survivors and not stigmatise them.


_

The Departments of Education, of Health, of Justice, of Social Development, the SAPS and the community come up with a safety policy for schools.

 

q Educators and Unions

 

The educators and the unions recommended that:


_

Educators should not be sexually involved with any learner, irrespective of whether the learner is in that school or not.

_ The public should be educated on the Constitution, especially sections pertaining to the Bill of Rights.
_ The SAPS should protect informers to avoid harassment and survivorisation by perpetrators or the community.
_ The Department of Education must draft policies that will protect the educator who reports the case to the police.
_ There should be a policy on sexual abuse in schools to control harassment.
_ Social workers should be adopted in schools to assist guidance teachers.
_ The Child Protection Unit should be visible in schools and meet with educators regularly.
_ Parents should take the trouble to report their children's cases to the police.

q Social workers

 

Some of the recommendations made by the social workers were that:


_

Crisis centres were needed in police stations.

_ There should be awareness campaigns in schools and pre-schools on sexual violence.
_ Parents should be made to understand the impact of rape on their children if the perpetrators are not arrested. They should support their children during court cases and should not force them to withdraw cases.
_ District surgeons should be reinstated and work effectively with the courts.
_ Mobile police stations should be established in rural and farm areas.
_ The media should be used to educate communities about sexual violence.

 

THE NORTHERN CAPE LEGISLATURE


q Kimberley

No public input was received from schools in Kimberely, as they were preparing for examinations.


q Upington

Parents informed the Committee that:


_

Educators also need to be protected from sexual violence in school. Legislation is needed to protect them.

_ Cases of sexual violence take long to be resolved. One case had been going on for three years, and the perpetrators were not found guilty.
_

Two girls aged 9 and 10 were raped throughout the night. Their grandmother said that more should be done to help the children deal with the problem and there should be social workers in school to deal with these problems immediately.

 

The educators told the Committee that:


_

They felt that they do not have adequate training to counsel learners.

_ A social worker is needed in school in order to deal with the problems.
_ Sexual violence leads to drug abuse, violence and other misdemeanours. Therefore, parents and educators should be trained in order to help with these problems.

q Calvinia

Learners informed the Committee that:


_

Provision should be made for social workers to be at schools because it is easier to talk to them.

_ Educators should be trained to provide immediate trauma relief for learners.



q De Aar

The Committee was informed that cases took too long to be resolved and learners felt that they could not trust the police. Some cases were never followed up and the processes took long.

 

The police and social services were urged to share information with learners in order to raise awareness.

 

Recommendations by the Northern Cape Legislature


_

Legislation should be drafted so that the processes of dealing with these cases could be expedited.

_ A well co-ordinated procedure involving the SAPS, and the Departments of Education, of Social Development and of Justice should be developed.
_ Police visibility is required before and after school in order to protect learners from harassment by others.
_ A social worker is needed on duty to respond to problems immediately.
_ Educators and parents should be trained to give counselling where needed.
_ Educators need protection as they are sometimes also targeted.
_ The community and the school governing body should play a role as this problem originates in the community. Community forums should participate in combating the problem.

 

THE WESTERN CAPE LEGISLATURE

 

The Standing Committee on Education, Environmental and Cultural Affairs in the Western Cape reported that the provincial Department of Education briefed them on child abuse in schools and findings of the Human Rights Watch. The legislature also held a debate on 30 May 2001.

 

The provincial Department of Education has also produced a booklet called "Abuse No More", which is the result of two years of work by the department and officials, in consultation with NGOs and other specialists. According to the then MEC for Education in the Western Cape, Ms H Zille, this document:


_

Is a guideline for action.

_ Gives all the symptoms that a child displays when he or she may be abused.
_ Gives all the steps that an educator is required to take to deal with sexual violence.
_ Provides all the guidelines for protecting the child, especially confidentiality, and ensures that he or she never has to explain the incident more than once.
_ Have all the support mechanisms in place, from psychological to medical, to ensure that the problem can be dealt with.

The department has also produced a training video and has training teams to ensure that educators in all schools are trained to actively implement these protocols. This project is going to be conducted in conjunction with the provincial Departments of Welfare and of Health.



THE EASTERN CAPE LEGISLATURE

The Standing Committee visited the following 34 schools in the Eastern Cape:


_

Mdeni School.

_

Ntabeni Secondary School.

_ Reuben Ntuli Junior Secondary School.
_ Upper Corona Senior Secondary School.
_ Mthweni Senior Secondary School.
_ Zanokanyo Senior Secondary School
_

Newell High School.

_

Lungiso High School.

_

Gamble High School.

_ Bethelsdorp High School.
_ Hillside High School.
_ Paterson Senior Secondary School.
_ Bongweni Primary School.
_

Alexandria High School.

_ Zuney Intermediate School.
_ Klipfontein High
_ Ukhayo High School.
_

Zolani Junior Secondary School.

_ Herschel Junior Secondary School
_ Lukanji Senior Primary School.
_ Bomeni Secondary School.
_ Vaalbank Junior Secondary School.
_ Sam Xali Higher Primary School.
_ Matthew Goniwe Senior Secondary School.
_ Dangwana Senior Secondary School.
_ Ndawana Junior Secondary School.
_ Jojo Senior Secondary School.
_ Mvenyane Senior Secondary School.
_ Sukude High School.
_ Tyali Secondary School.
_ Hector Peterson School.
_ Inkwenkwezi High School.
_ Nkangeleko High School.
_ Mababoti High School.
_ Vuli Valley High School.
_ Mbulelo Combined School.

The Committee met with the school management, learners, educators and school governing bodies (SGBs) to hear evidence on sexual harassment, abuse and violence in schools. The Committee also identified factors that contribute towards sexual violence in schools.

 

Factors that contribute towards sexual violence in schools


_

Drug Abuse: The laxity of schools in allowing the use of drugs is a fundamental problem.


_

Poverty: In some families learners are encouraged to be involved with educators to get special treatment or money. Educators also take advantage of learners who come from poor families.


_

Drunkenness: The use of liquor by students in schools contributes to sexual violence, which leads to girls being sexually abused.


_

Abusing Authority: Educators initiate sexual relations with learners in exchange for favours like good grades or money. This encourages prostitution by female learners.


_

Stereotypes: Many women believe that men are dominant.

 

During the public hearings, the Committee discovered that there were schools where serious cases of sexual violence happen. These were:


_

Ntabeni Secondary School in Engobo, where an educator impregnated about 20 learners.


_

Bongweni Primary School, where an educator verbally abuses learners and forces them to urinate or undress in front of the other learners.


_

Herschel Junior Secondary School, where two educators were first reported of having sexual relations with learners in 1991. An SGB member died of a heart attack as a result of an argument with one of the educators.


_

Vaalbank Junior Secondary School, where a deputy principal was involved in a relationship with a learner under the age of consent.


_

Matthew Goniwe Senior Secondary School, where an educator raped a learner twice and infected the learner with HIV. It is also alleged that the same educator infected two other learners, but nothing has been done about the case.


General Findings of the Committee

The Committee, having considered evidence heard during visits to the schools, made the following findings:

_

There is no gender-based policy that is actively enforced to deal with sexual harassment of learners at school.

_ Education and training of educators, learners, school governing councils and school governing bodies are non-existent in schools.
_ Counselling services for survivors and perpetrators of sexual violence are non-existent in schools.
_ It has been alleged that some public representatives, high-ranking officials and community leaders are involved in this kind of misconduct.
_ Co-ordination between the Department of Welfare, Health, Safety and Security and Criminal Justice on investigating cases of sexual violence to ensure punishment of perpetrators is often ineffective, ill - conceived or non-existent.

Recommendations by the Eastern Cape Legislature

The Committee recommends that:

1. Educators who are involved in sexual violence and abuse of learners in schools not be transferred to other schools. Furthermore, they should be suspended and disciplinary action be taken against them. Further criminal charges should be taken against them when necessary.

2. The department develops policies with punitive measures and standard procedure for intervention against the abuse of children and sexual violence at schools.

3. There be a link between the Departments of Education, Welfare, Safety and Security, Health and Justice to deal with such cases.

4. A telephone be provided, especially in rural areas, for the survivors of abuse in order to enable them to report the cases without delay.

5. Survivors of sexual violence, especially young children, be provided with legal assistance when faced with lawyers of the perpetrators during court proceedings.

6. Sports events and school activities be closely monitored.

7. The department provide a counselling service to both the survivors and the perpetrators of violence.

FREE STATE LEGISLATURE

Members of the Portfolio Committee on Education in the Free State Legislature and some members of the Select Committee conducted public hearings in schools in Bloemfontein, Kroonstad and Qwa-Qwa.

 

The schools visited, were:


_

Dr Block, Heidedal School.

_ Sehunelo High School.
_ Bainsvlei Combined School.
_ Moemedi High School.
_ Bloemfontein - Oos Primary School.
_ Vulamasango High School.
_ Dr Cingo High School.
_ Phepetso High School
_ Thakameso Secondary School
_ Bodibeng Secondary School.
_ Kgola Thuto Secondary School.
_ Bonamelo College.
_ Sekhutlong Secondary School.
_ Selelekela Secondary School.
_ Riverside Secondary School.

The Committee noted that sexual violence was a very sensitive topic and that not everyone could boldly express himself or herself. A provincial report looks at causes of sexual harassment and barriers to reporting abuse. The Committee also made some general observations and recommendations.

 

q Factors that cause sexual harassment

 

Factors identified by the Committee as causing sexual harassment:


_

The failure of school authorities to respond decisively to cases of sexual abuse, which discourages learners from reporting similar cases.

_ Learners' uncertainty of the outcome of reporting such cases results in serious fear.
_ Unethical behaviour of educators.
_ Free access to alcohol from taverns that are situated in close proximity to the school premises.
_ Learners thinking that it is acceptable to have sexual relationships with educators.
_ Use of abusive language by learners and educators. Educators use derogatory names to refer to learners and some learners propose to young educators.

q Barriers to reporting sexual abuse

_

The failure of school authorities to respond to cases of sexual abuse, which discourages learners from reporting similar cases.

_ Learners' uncertainty with respect to the outcomes of the cases.

q General Observations

 

The Committee noted that:


_

Sexual harassment is prevalent in schools. It mainly occurs between learners and educators.

_ A lack of sex education also exacerbates the situation.


q Findings

The Committee noted during the hearings that sexual violence is rife and prevalent in Free State schools. They noted that this problem impacts on the schools and results in:


_

Continued deterioration of discipline within the school premises.

_ Learners mistrusting educators.
_ Aggressiveness.
_ Sexually harassed learners dropping out of school to avoid embarrassment.

q Recommendations by the Free State Legislature

The Committee, having listened to the evidence, recommended that:


_

The Department of Education, in close co-operation with the Department of Social Development and the SAPS, conduct a further inquiry into this matter.

_ Every school's code of conduct prohibit sexual harassment and sexual relations between a learner and an educator, as well as between a learner and a headmaster or deputy headmaster of the school concerned.
_ Sex education be introduced or encouraged to furnish learners with more information regarding sexual harassment.
_ Future public hearings be held in camera because of the sensitivity of the topic.
_ It is necessary that social workers are appointed or visit schools to detect tendencies of sexual violence.
MPUMALANGA LEGISLATURE

The Portfolio Committee on Education, Sports, Recreation, Arts and Culture in Mpumalanga visited the Highveld, Eastvaal and Lowveld regions to conduct public hearings. The Committee discovered that children were being abused at home, on their way to school and also at school. They noted the ways in which abuse occurred and why it was happening, and made recommendations to help solve this problem.

 

q Ways in which abuse occurs


_

Forced child prostitution:


o Girls sometimes do not come to school because they are being kept as sex slaves by elderly people for very little or no payment.
o Because of poverty, some children prostitute themselves to get paid.
o Where there are factories close to schools, factory workers abuse the children and pay them very little.
o Some children prostitute themselves to get food to fend for themselves.

_

Migrant workers and starvation of kids in rural areas:


o Because parents work far from home, some children stay alone and end up being abused by community members.
o Some children look after themselves, and this leads to prostitution in order to get food.

_

Educator to learner abuse:


o Some educators abuse learners and are not dismissed. Instead, they get transferred to other schools.
o Educators buy liquor and other intoxicating drugs for learners before abusing them.
o Educators abuse learners verbally.
o Abuse at primary and secondary schools are disguised as "affairs".
o Children between 6 and 7 years in lower grades are also abused.
o Educators demand sexual favours from learners in return for good grades.
o This problem is prevalent among male educators.
o Some educators are not disciplined and are made to provide for the families with financial and other means.

_

Learner to learner abuse:


o Male learners rape female learners at bashes (parties) and during school trips.
o Lack of privacy at home leads to children doing things observed at home to other children.
o Perpetrators are male and survivors are female.

_

Family members to learner abuse:

 

o Usually stepfathers, uncles, those who are breadwinners or biological fathers are perpetrators of abuse at home.

o Mothers deny the truth about rapists or other culprits.
o Sodomy is also discovered in families where grandfathers sodomise their grandchildren.

_

Cultural practices:


o Traditional courts prosecute rape and abuse cases without the relevant authority.
o The payment of damages (inhlawulo) leads to cases not being reported to courts.
o Families accepting lobola for newly born babies. This leads to children being abused by the "in-laws" at an early age.

_

Community members to learner:


o Families make matters worse by demanding compensation from the abusers.
o Traditional and family courts prosecute rape and abuse cases.
o Some pastors and priests also subject kids to abuse by marrying them at an early age.

q Reasons why abuse occurs

 

Factors that were cited during the hearings as reasons why abuse is taking place :


_

Lack of awareness campaigns on child abuse, leading to perpetrators being able to escape.

_ Poverty, which leads to children subjecting themselves to prostitution.
_ Lack of integration of government departments on poverty alleviation programmes.
_ Power relations and negative aspects of our cultures.
_ Lack of sex education and discussions between parents and children as well as between educators and learners.
_ The notion that girls are sex objects.
_ Lack of school transport.
_ Lack of recreational facilities.
_ Shortage of specialised children's courts.
_ They believe that sleeping with an under-aged child will cure one of HIV/Aids.
_ Failure of some parents to co-operate with educators.
_ Failure of the Department of Education to dismiss educators who are abusers.

q Recommendations by Mpumalanga Legislature

 

The Committee recommends that:


_

Sexual violence be declared a priority crime.

_ The media be used to build awareness of sexual abuse.
_ A National and Provincial Men's Indaba be held by the President.
_ The Department of Education immediately dismiss all those engaged sexually with school children.
_ Sex education be taught in schools and homes in languages understood by those receiving the lessons.
_ The Departments of Education, of Social Services, of Health, the SAPS and the medical personnel establish survivor empowerment centres or trauma centres to deal with cases of sexual abuse.
_ The Department of Social Services establish a social security grant for those living in poverty so that children must not be abused as a result thereof.
_ Children's courts that will be children - friendly be established to ensure that perpetrators are punished for their actions.
_ Training of the police to handle cases of child abuse.
_ The Government make available school transport for learners travelling long distances.

 

SELECT COMMITTEE'S FINDINGS AND RECOMMENDATIONS

 

It is evident that sexual violence is endemic in schools. As a result of the Human Rights Watch report entitled "Scared at School", the Select Committee embarked on a provincial fact-finding mission. The Select Committee was not able to visit all Provinces. However, this is an ongoing process and some of the Provinces that did not conduct hearings due to various constraints, will still be visited. The purpose of the hearings was to assess the extent to which this scourge affects schools, with a view to eradicating it.

 

q Findings

 

As a result of the above hearings, the Committee made the following findings:


_

The Department of Education has no policy on sexual violence in schools.

_ The South African Police Service is showing a distinct lack of effort in the investigation of cases. This is compounded by a lack of sufficient resources.
_ In the provinces where the hearings were held, it is clear that the problem of sexual harassment and violence against girl children is wide - spread and cuts across all race and class lines.
_ In the majority of the incidents, perpetrators were adult males known to the survivors. Survivors are primarily female between the ages of 12 and 18 years, although incidents of survivors as young as 7 were reported.
_ Sexual violence and harassment, including rape, assault and teasing, also took place between learners. In the majority of incidents, the perpetrators were older boys and survivors younger girls.
_ There has been inadequate action to deal with the perpetrators or to assist survivors in the majority of the cases reported to the Committee.
_

A number of perpetrators have not been charged by the criminal justice system, nor have they faced disciplinary action from education authorities. Many perpetrators continue to teach in the same school where their survivors are learners. This was found in the majority of the cases reported to the Committee.

_

Survivors of sexual violence are generally not treated appropriately. There are very few instances where children are supported and believed when they make statements and give evidence. There is also very few instances where appropriate counselling and survivor support services are available.

_

It is evident that most of the perpetrators are invariably educators, as the report of the Human Rights Watch indicated.

_ Most of these cases of sexual violence against girls go unreported.
_ It is apparent that principals, school governing bodies and parents are turning a blind eye to sexual violence.
_ Certain communities are also demonstrating a complete lack of responsiveness.
_ There is a general lack of awareness about sexual violence among learners, resulting in reluctance to report cases to the relevant authorities.
_ Due to a case overload in courts, sexual abuse cases are not adequately and speedily dealt with. This gives rise to a lack of confidence in the justice system.
_ Traditional beliefs and practices may contribute to the culture of silence around sexual violence.
_ The educator's code of conduct is silent on how to deal with sexual violence.

Conclusion


Having considered the reports of the various provincial legislatures, the Committee concludes that:

_ It is apparent that sexual violence in schools is a serious problem.
_ The consequences of these acts leave deep social, psychological and physical scars on survivors.
_ It is a commonly held view that human dignity, values and respect for children be restored in our schools.
_ It has therefore become imperative for all stakeholders to work together in order to deal with this scourge in and effective and efficient manner.

 

q Recommendations

 

Emanating from the findings of the Committee, urgent consideration needs to be given to implementing the following measures:


_

The Department of Education should expedite the implementation of policy on sexual violence within an agreed upon time - frame.

_ Learners need to be conscientised about reporting mechanisms.
_ Principals and SGBs need to be held accountable if they fail to address or report cases of sexual violence.
_ There should be greater cohesion between the Departments of Education, of Justice and of Social Development in order to expedite the cases in court.
_ Stronger parental involvement in (their) children's sexual education is encouraged.
_ South Africa needs a register of sex offenders, as is the practise in other countries.
_ Interaction between the Department of Education and Educators' Unions is encouraged to strengthen the fight against sexual violence in schools.
_ Section 17 (1) (g) of the Employment of Educators Act, Act No. 76 of 1998, makes sexual violence in schools an automatically dismissible offence, and the Committee would like to see the Department apply this section of the Act rigidly.

 

Report to be considered.