When can school staff be taken to court or apprehended for abuse? An educator or school staff member who has violated a child may have to follow legal processes. The district office will investigate complaints of corporal punishment against school staff and, depending on the outcome, will refer the case to the Labour Relations Directorate for further investigation and disciplinary hearings.
The Employment of Educators Act , as amended, distinguishes between misconduct and serious misconduct and attaches different consequences to each, Kakaza said. If the misconduct is also a criminal offence, separate and different proceedings will occur.
Serious misconduct could lead to dismissal. Other forms of misconduct could lead to counselling, verbal or written warning or final warning, fines, suspension, demotion, or dismissal. What can pupils do if their school has infringed on their rights?
Learners who have been abused by their schools need to escalate the complaint to the highest structures. The learners can report it to the head of department HOD , and if it is the HOD who has inflicted this punishment then the learner should take it up with the principal. The next platform would be the school governing body, Omar said. Incidences may also be reported to outside bodies like the department of social development, department of education, the police, and the South African Council for Educators, Kakaza said.
Learners who need legal support may contact the Equal Education Law Centre on info eelawcentre or Create Account Lost Your Password?
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Shaazia Ebrahim is a writer for Daily Vox and she's into social justice and philosophy. Read more from Shaazia Ebrahim. National Athandiwe Saba In the Eastern Cape, as a village buries yet another murdered woman, mourners struggle to understand where the freedom has gone.
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