PUBLISHED BY:
WRITTEN BY:
Gauta Mashego
Schools do not exist in isolation; they reflect the challenges and struggles of the communities around them.
The violence we see in schools often mirrors the deep-rooted issues facing our society.
In South Africa, high levels of gender-based violence, poverty, unemployment and substance abuse create an environment where violence can take root and spread. This reflects within schools where we see both learner-on learner violence, and violence perpetrated by adults on learners.
These may vary from bullying amongst learners, corporal punishment, and abuse of power by educators including sexual misconduct against pupils.
To truly make our schools safe for learners and teachers, the various stakeholders within our education system responsible for implementing policies need to play their role.
School Governing Bodies (SGB), provincial and national departments of education, teacher unions, and policy makers need to be unified in fighting this battle.
School safety plan
On 24 June 2025 the Ministers of Police and Basic Education launched a five-year collaborative school safety protocol, a renewed effort to address the growing crisis of violence in schools. This protocol builds on the 2011 school safety protocol between the South African Police Services and the Department of Basic Education. This was in response to the disturbing reports of children being harmed by their peers, with incidents of murder, rape, gang-related violence becoming all too common in places meant to be safe.
Minister Siviwe Gwarube, speaking at the joint media briefing said one of the top priorities is to improve the vetting of educators against the National Register for Sexual Offences (NRSO) and the National Child Protection Register (NCPR). The school safety protocol also includes plans to increase police presence at schools identified as high crime areas.
While this is a necessary step, it also makes one thing very clear: updated policies alone will not keep learners safe. What is urgently needed is stronger accountability systems and real collaboration across the board. SGBs, provincial education departments, and key oversight bodies like the South African Council for Educators need to work together more effectively to create schools where safety is not just promised, it is guaranteed.
A policy already in place and that speaks to safety in schools is the National School Safety Framework.
It aims to ensure that the constitutional right of children to live free of harm in all environments is realised.
The school safety framework states that provincial education departments are obligated to ensure teachers get training on how to implement the framework. Schools are further obligated to have a school safety committee, a School Safety Policy, and a code of conduct for learners. Given the continuing high levels of violence in schools, the question is to what extent is the school safety framework being implemented? And how will the new protocol help?
Beyond policing
The protocol builds on the existing school safety framework, which notes that while SAPS has a role to play in addressing school violence, they cannot and should not be the only line of defence.
True school safety goes beyond policing. It requires a shift in culture; one that prioritises prevention and restoration over punishment. Over-reliance on police in school settings can have serious unintended consequences.
The Child Justice Act 75 of 2008 provides an example of shifting from punishment only, to focus on prevention and restoration. It emphasises child-centred and restorative justice approaches when dealing with children in conflict with the law. Section 51 of the Act emphasises that diversion should be used to promote accountability, self-worth, and develop into positive members of society.
Section 53 of the Act provides practical diversion options. These include good behaviour orders, which involve agreements with the child and family to meet certain standards of behaviour. Another option is a reporting order, which requires a child to report to a specified person to enable that person to monitor the child’s behaviour.
As a third option, a peer association order requires a child to associate with peers who can contribute positively to the child’s behaviour. Lastly a learner could be referred to therapy or counselling.
These child-focused alternatives offer real tools for schools, and should be considered when drafting codes of conduct, instead of defaulting to punitive or police-led responses. Rather than defaulting to police intervention, schools should be equipped to implement child-centred disciplinary approaches that are focused on accountability, emotional support and positive behaviour change.
To make this effective, collaboration between the DBE, SAPS and the Department of Social Development is crucial. Together, they can assist schools implement school safety plans that support and protect both learners and educators.
SGB’s play a central role in setting the tone for safety and discipline in schools. SGBs comprise of parents, learners, educators and community members. According to section 8(1) of the South African Schools Act, SGBs need to adopt codes of conduct after consulting with learners, parents and educators.
Additionally, section 8(2) of SASA states that a code of conduct must be aimed at establishing a disciplined and purposeful school environment.
For these codes of conducts to be effective, they need more than good intentions. While providing for child-centred disciplinary processes, they should clearly outline the consequences for serious offences, so there is greater clarity on how violence will be addressed. Additionally, they must hold both parents and educators accountable to help maintain order. Codes of conducts are not merely to enforce discipline, but they promote values of mutual respect and positive behaviour.
Teachers also need to be held to account
Teacher on learner violence is a serious and often overlooked contributor to unsafe school environments. This type of abuse cannot be ignored. Holding teachers accountable requires more than just outrage, it requires action from regulatory bodies like the South African Council for Educators (SACE), who must ensure that schools apply disciplinary processes when teachers commit misconduct against learners.
Educators who harm learners must face fair and timely consequences, including dismissal where appropriate. Where an educator has been found unfit to work with children, their name must be added to the NCPR to prevent further harm. School safety must include protecting learners not just from each other, but also from those in positions of authority who abuse their power.
The Supreme Court of Appeal in Centre for Child Law and Others v South African Council for Educators and Others, highlighted that “[i]t is by example that children are taught to navigate a complex conflict-ridden world, without resorting to violence as a solution.” Educators are not only accountable to not commit violence against learners, but they also play a crucial role in shaping a generation of children who will grow into non-violent and responsible adults.
Our learners deserve more than words on paper; they deserve safe schools where they can learn and grow. This will not happen unless accountability is more than a promise, it must be practiced. Safe schools are not built on policies alone, they are built on daily actions.
Gauta Mashego is a candidate attorney at SECTION27.
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