The Johannesburg High Court will today hear a case that seeks to show leniency in the sanctions imposed on teachers who still use corporal punishment in schools, 26 years after it was outlawed in South Africa
Section27, on behalf of the Centre for Child Law and the parents of two pupils, took the SA Council for Educators to court in December for what it called “unreasonable and shockingly inappropriate sanctions” imposed on two teachers who pleaded guilty to assaulting pupils at different schools.
“The applicants want this court to review and set aside sanctions which have now been served in full,” wrote Sace in its opposing papers. According to the papers, Mokoena visited TZ in hospital and threatened him not to tell his mother or anyone else about the assault.WATCH: According to TZ’s mother, as it is written in the papers, the injury affects his life “drastically”.
In 2019, Sathekge slapped 10-year-old MPM on the head, leaving the child bleeding in her ears. MPM was admitted to hospital twice following the assault, and she also had white puss leaking from her ears and on one occasion bled from both eyes.Section27 has questioned how Sace arrived at its decision when it did not call the parents and the children to make representations during the disciplinary proceedings.
“The sanctions were the result of plea-and-sentence agreements concluded with the two teachers, without consulting the children and their parents or affording them the opportunity to make representations on the appropriate sanctions. Sace contends that such consultations and participation were unnecessary.”
It also wants the court to set aside the sanctions imposed on the teachers and for Sace to start the disciplinary hearings afresh.In its opposing papers, Sace argues that there is no case to answer to as the teachers have served their sentences and because the mandatory sanctions under which the decisions were taken have since been amended.This matter is therefore moot. No practical effect can be achieved by granting an order.
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