Bullying is not yet classified as a particular crime in South Africa.
How does South African legislation protect children from bullying?
Four noteworthy statutes safeguard children’s constitutional rights. It should be noted that while bullying is not yet recognized as a distinct crime in South Africa, the law protects children’s rights to dignity and safety.
South African Schools Act No. 84 of 1996 (SASA)
This legislation requires the governing bodies of public schools to create a code of conduct that the institution must implement. Of course, the goal is to give a fundamental set of standards for learner behavior and performance. Specific processes and suitable penalties should be in place at school to deal with occurrences of bullying.
If the school fails to act, victims, parents, or guardians are protected by other provisions in the Constitution for pursuing justice.
The 38th Children’s Act of 2005
This regulation attempts to eliminate bullying in schools by focusing on safeguarding children from abuse and neglect. It grants every South African youngster the right to file a bullying complaint in court. It’s vital to highlight that the Act’s goal is not to punish bullies, but to restore the equilibrium that was thrown off when one kid harmed another. As a result, the emphasis is on restorative justice through specialized programs and practices. Bullies will face consequences for their conduct, but the goal is to rehabilitate them rather than punish them. It also implies that, in collaboration with SASA, the state and, in some situations, the specific school may be held accountable for any damage, injury, or loss sustained by a student in a public school. This is probable when a school is aware of a certain learner’s ongoing problems with bullies but fails to intervene. Institutions are then forced to compensate for damages.
Child Justice Act No. 75 of 2008
The Child Justice Act, which builds on the Children’s Act and emphasizes the need for criminals to be held to distinct moral standards by society, also advocates for restorative justice. Nonetheless, the law recognizes that bullying situations might have a criminal component.
As a result, the legislation mandates a distinct criminal justice system for minors. This Act separates the people to whom it applies into three categories: children under the age of ten, children ten and older but under the age of eighteen, and young people 18 and older but under the age of twenty-one. In the case of learner-on-learner bullying at school, the offender is almost always a youngster, falling into one of the first two groups. Before determining the perpetrator’s criminal liability, it is necessary to determine if the kid has criminal competence.
The Harassment Prevention Act 17 of 2011
This is the most recent addition to the legal framework that protects and defends the rights of victims of bullying.
It indicates that people who have suffered at the hands of their fellow students may seek a protection order against their attackers. While this is normally done by a parent or legal guardian, section 2(4) of the Protection from Harassment Act stipulates that a kid may apply for a protection order without the aid of his or her parents.
If a restraining order is imposed, the bully is not allowed to harass the victim or urge anyone else to do so on his or her behalf. Depending on the circumstances, a court may also order a bully to seek counseling in order to avoid becoming a repeat offender.
