Cape Town - Public interest law centre Section27 has been granted leave to appeal a review concerning the South African Council of Educators’ (Sace) “lenient” disciplinary proceedings against two teachers found guilty of corporal punishment.
“Both teachers were fined R15 000 but only paid R5 000 each because R10 000 of the fines were suspended.
They also received another suspended sentence of having their names struck off the roll of educators for 10 years, which means that the teachers are still in classrooms unless they are found guilty of another offence,” Section27 noted.
On behalf of the Centre for Child Law and two parents, Section27 will now file papers at the Supreme Court of Appeal (SCA) in Bloemfontein, challenging the sentences the teachers received, which still allowed them to teach, even though they pleaded guilty.
The group had previously also sought systemic relief directing Sace to reconsider and revise its 2020 Mandatory Sanctions on Contravention of the Code of Professional Ethics.
They believed that stronger sanctions for corporal punishment could put an end to the practice. The court initially dismissed the review application on the basis that it was “unreasonably delayed”, but granted the systemic relief.
However, on Tuesday, Gauteng High Court Judge Dawie Fourie noted: “I am of the view that there is a reasonable prospect of success... that another court may come to a different conclusion than I did.
“As a result, both applications should be granted.”
Fourie granted their leave to appeal, as well as Sace’s cross-appeal application challenging aspects of the initial judgment.
Section27’s Faranaaz Veriava said: “Advancing to the Supreme Court of Appeal is an important step towards better accountability for teachers who employ corporal punishment in classrooms.
“Despite corporal punishment being illegal since 1996, Sace continues to allow teachers off the hook when they are found guilty of corporal punishment. We need a stronger institutional response to enforce the corporal punishment ban so that classrooms are safe from violence.”
In one of the cases, a teacher beat two Grade 2 learners over the head with a PVC pipe, causing physical and psychological harm. In the second instance, a teacher hit a Grade 5 learner across the face, causing the child to bleed from the ear.
Sace did not respond to requests for comment by deadline.
Cape Times