Report on Sexual Violence
NCOP Education and Technology, Sports, Arts and Culture
22 January 2002
Meeting Summary
A summary of this committee meeting is not yet available.
Meeting report
EDUCATION AND RECREATION SELECT COMMITTEE
22 January 2002
REPORT ON SEXUAL VIOLENCE IN SCHOOLS
Documents handed out
Sexual Violence at Schools Report on Public Hearings held by Provinces -
Information Services Reseach (See Appendix)
MINUTES
The report on Sexual Violence in schools was distributed. The Committee was
informed that the issues presented in the report would be discussed on 12
Febuary 2002.
Appendix
INFORMATION SERVICES: RESEARCH
18 January 2002
SEXUAL VIOLENCE AT SCHOOLS: REPORT ON THE PUBLIC HEARINGS HELD BY PROVINCES
INTRODUCTION
The Select Committee on Education and Recreation requested Standing Committees
in all provinces to hold public hearings on sexual violence in schools. This
came after the Human Rights Watch sent a report to the Select Committee titled
“Sexual Violence in South African Schools�. The report indicates that sexual
abuse and harassment of girls by educators and fellow learners is widespread in
South African schools.
The following provinces held public hearings:
North West.
Northern Cape.
Eastern Cape.
Free State.
Mpumalanga.
The Western Cape did not have public hearings, but had a debate in the
Legislature. They also have guidelines on how to deal with sexual violence in
schools. The Gauteng province had scheduled to have their public hearings
public hearings on the 12th of November 2001, and their report is
still being awaited.
This report focuses on the submissions made in the provinces, and the
recommendations from the stakeholders.
SUBMISSIONS
THE NORTH WEST PROVINCE
The table below shows cases that were reported to the police in different
regions of the North West province. Most of the cases are not reported. These
are cases of rape, abduction and indecent assault.
Town |
Rape |
Indecent assault |
Abduction |
Unspecified |
Ganyesa |
|
|
|
15 |
Groot Marico |
70 |
5 |
2 |
|
Potchefstroom |
|
|
|
|
Mogwase |
130 |
20 |
4 |
|
Moretele District |
|
|
|
375 |
Mothibistad |
|
|
|
|
Pudumoe |
9 |
2 |
|
4 |
Mmabatho |
4 |
|
|
|
Vryburg |
55 |
1 |
12 |
|
Temba District
The table below indicates that girls from the age of 15 years and below
have fallen victim to sexual violence. These incidents happen at home, on the
way to school and even at school. The victims know most of the perpetrators,
either as neighbours or as relatives. Some of the cases are never reported,
some are withdrawn or dropped. However, the report does not indicate the extent
to which sexual violence happens at school.
Educators report most of these cases to the police after being told by the
learners themselves. In some cases, when the educator reports an alleged
incident to the parents, the families concerned choose to deal with the issues.
Age of child |
Gender |
|
Where it happened |
Perpetrator |
Whether police have been informed |
Status of the case |
14 |
Girl |
|
School toilets |
Unknown man |
Suspect handed to the police |
|
7 |
Girl |
|
On the way to school (other girls were also raped) |
ZCC Bishop who gave her a lift |
|
|
10 |
Boy |
|
Bushes in the village |
Known villager |
Suspect arrested. |
Blood samples disappeared and the court not proceed with the case |
13 |
Girl |
|
Home |
Father |
|
Parents withdrew the case |
|
Girl |
|
Aunt's house |
Uncle |
Case never reported |
Resolved as a family affair |
9 and 10 |
Sisters |
|
|
Neighbour |
Case with CPU[1] |
|
7 |
Girl |
|
|
Neighbour (16) |
Arrested |
The boy was released because he is a juvenile |
14 |
Girl |
|
Home |
Cousin |
|
|
Age |
Gender |
Nature of violence |
Where it happened |
Perpetrator |
Whether police have been informed |
Status of case |
13 |
Girl |
Rape |
|
Mozambiquan |
No case opened |
Girl threatened by perpetrator |
14 |
Girl |
Rape |
School |
|
|
|
13 |
|
Rape |
|
Zimbabwean |
Case postponed |
No interpreter |
Pre-school children |
|
Rape |
Graveyard |
Their driver |
Sentenced for 1 year |
|
|
Girl |
Rape |
Grandmothers house |
Uncle[2] |
The girl reported this to the neighbours |
Girl removed by here father from the house |
Learners/educators |
|
Abuse |
School |
Principal |
|
Division among educators |
8
and 9 |
Girls |
Rape |
|
|
No case opened |
Parents denied incident (took money from perpetrator) |
17 |
Girl |
Rape |
|
Classmate |
Reported to Principal |
|
14 |
Girl |
Raped and murdered |
Local stadium |
Group of boys |
|
|
14 |
Girl |
Rape |
Home |
Mother's ex-boyfriend |
Case reported by educator |
Educator failed to testify after receiving threats |
|
Girl |
|
|
Mozambiquan |
Man released |
No evidence |
CPU
The CPU in Rustenburg said
that they:
Needed full cooperation of parents and educators and appealed to them that they
have to support the children.
Visit schools to give lessons about sexual abuse.
Have also started the “Adopt a Cop� programme where cops will be “adopted� in
schools. Children would go to a particular police officer when they have
problems.
Klerksdorp
The police in Klerksdorp reported that the most dominating crime in schools is
assault in classrooms and toilets. They suggested that educators should teach
children how to report these incidents. The Child Protection Unit in the area
visits schools to give learners lessons on sexual abuse, drug and alcohol abuse
as well as crime prevention.
A Social Worker informed the Committee about a case of a 15-year old girl who
was raped on her way to school. She reported the matter after 3 days, and the
court ruled that there was not sufficient evidence, although the doctor
confirmed that the girl was raped.
Another case, which was reported to the police, is that of a 16-year old girl
who was killed and cut into pieces. The community knows the perpetrators but no
one is prepared to come forward.
The Committee was also informed about a case of an educator who abused a
learner. The learner reported this to her class teacher but was threatened and
told to change the details of the case.
Learners appealed to the public to protect and support them because they are
victimised by educators at school. They informed the Committee that they are
usually failed if they refuse advances from educators.
Taung
Age |
Gender |
Abuse |
Where it happened |
Perpetrator |
Whether police have been informed |
|
15 |
Girl |
Rape |
|
Step-father |
|
Out on bail |
16 |
Girl |
Rape |
Principals car |
Principal (44 years) |
Arrested |
|
17 |
Girl |
Rape |
|
Classmate |
Case reported to the police |
Boy still at school. Never arrested. |
|
Girl |
Rape |
|
Boy |
Dealt by two families. Younger brother arrested after also raping the girl |
The boy was released on bail |
16 |
Girl |
|
|
|
|
Released on bail |
15 |
Girl |
Rape |
Home |
Stepfather |
|
Case withdrawn |
Mmabatho
The hearings in Mmabatho were not well attended. Cases that were reported at
the hearing are:
The case of an 11 years old girl who was raped by her 35 year old uncle. The
girl was given orders to change her statement and the case was withdrawn after
family members met and decided that it was a family matter.
The case of a man who transported primary schoolchildren. He raped two girls
aged 7 and 8. The case was reported and the man was arrested, charged and
sentenced to 7 years in prison.
Recommendations from the North West Province
SAPS/ Child Protection Unit
The South African Police Services and the Child Protection Unit recommended
that:
There be close co-orperation between the Departments of Education, Justice,
Social Development and the SAPS. They recommended that there should be
programmes to educate children on how to protect themselves from sexual
violence.
Schools stop sending children out with donation lists, as some people take
advantage of the children and abuse them.
Investigating officers be trained for the job. Steps should be taken against
investigators who accept bribes from perpetrators.
The community be taught to support rape victims and not stigmatise them.
All Education, Health, Justice, Social Welfare, the SAPS and the community must
come up with a safety policy for schools.
Educators and Unions
The educators and the unions recommended that:
Educators should not be involved with any learner irrespective of whether the
leaner is in his school or not.
The public should be educated on the constitution, especially sections
pertaining to sexual relationships with minors.
The SAPS should protect informers to avoid harassment and victimisation by
perpetrators or community.
The Department of Education must make policies that will protect the educator
who reports the case to the police.
There should be a policy on sexual abuse in schools to control harassment in
schools.
Social workers should be adopted in schools to assist the guidance teacher.
The Child Protection Unit should be visible in schools and meet with educators
regularly.
Parents should take trouble reporting their children's' cases to the police.
Social workers
Some of the recommendations made by the Social workers are that:
Crisis centres are needed in police stations.
There should be awareness campaigns in schools and pre-schools on sexual
violence in schools.
Parents should be made to understand the impact of rape on their children if
the perpetrator is not arrested. They should support their children during
court cases and should not force their children to withdraw cases.
District surgeons should be reinstated and work effectively with the courts.
Mobile police stations should be established in rural and farm areas.
The media should be used to educate communities about sexual violence.
THE NORTHERN CAPE PROVINCE
Kimberly
Response in Kimberly was poor. No public input was received from schools as
they were preparing for examinations.
Upington
The Committee was informed that:
Parents felt that educators need to be protected against sexual violence in
school. Legislation is needed to protect them.
Cases of sexual violence take long to be resolved. In one case mentioned, the
case has been going on for three years, and the perpetrators are not being
found guilty.
Police do not do enough to protect learners especially after school when they
use short cuts to go home. Police patrols or visible policing is needed.
Two girls aged 9 and 10 were raped throughout the night. Their grandmother said
that more should be done to help the children deal with the problem and there
should be social workers in school do deal with these problems immediately.
The educators told the Committee that they felt that they no not have adequate
training to counsel learners. They also emphasised the need to have a social
worker in schools in order to deal with the problems. They said that sexual
violence leads to drug abuse, violence and other misdemeanours. Parents and
educators should be trained in order to help with these problems.
Calvinia
Learners felt that provision should be made for social workers to be at
schools. They mentioned that it is easier to talk to. They also said that
educators should be trained to provide immediate trauma relief for learners.
De Aar
The Committee was informed that cases take too long to be resolved and
learners felt that they cannot trust the police. Some cases are never followed
up and the processes take long.
They urged the police services and social services to share information with
learners in order to raise awareness.
Recommendations by the Northern Cape
Legislation should be drafted so that the processes of dealing with these
cases could be expedited.
A well co-ordinated procedure involving the Police Services, Department of
Education, Social Services and Justice should be developed.
Police visibility is required before and after school in order to protect
learners from harassment by others.
A social worker is needed on duty to respond to problems immediately.
Educators and parents should be trained to give counseling where needed.
Educators also need protection as they are sometimes also targeted.
The community and the SGB should play a role as this problem originates in the
community. Community forums should participate in combating the problem.
THE WESTERN CAPE PROVINCE
The Standing Committee on Education, Environmental and Cultural Affairs in
the Western Cape reported that the provincial Education Department briefed them
on child abuse in schools and findings of the Human Rights Watch. The legislature
also held a debate on the 30th of May 2001.
The provincial Department of Education has also launched a booklet called “Abuse
No More�, which is the result of two years of the development work by the
department and officials, in consultation with NGOs and other specialists.
According to the MEC for Education in the Western Cape, Ms. Hellen Zille, this
document:
Is a guideline for action.
Gives all the symptoms that a child displays when he or she may be abused.
Gives all the steps that an educator is required to take to deal with it.
Gives all the guidelines of protecting the child, especially confidentiality,
and ensures that he or she never has to explain the incident more than once.
Has all the support mechanisms in place from psychological to medical to ensure
that [we] can deal with this problem.
The department has also produced a training video and has training teams to
ensure that educators in all the schools are trained to actively implement
these protocols. This project is going to be done in conjunction with the
Departments of Welfare and Health.
THE EASTERN CAPE PROVINCE
The Committee visited 34 schools in the Eastern Cape. They met with the school
management, learners, educators and school governing bodies (SGBs) to hear
evidence on sexual harassment, abuse and violence in schools.
The Committee identified factors that contribute towards sexual violence in
schools. These are:
Drug Abuse: The laxity of schools in allowing the use of drugs is a
fundamental problem.
Poverty: Students who come from poor families become involved with
lecturers when promised that they will be provided for. Most cannot get out of
the relationships when abused because of what the man has spent on them.
In some families learners are encouraged to be involved with educators to get
special treatment or money. Educators also take advantage of learners who come
from poor families.
Drunkenness: The use of liquor by students in schools contributes to
sexual violence, and girls are sexually assaulted by their classmates as a
result of this.
Abusing Authority: Educators initiate sexual relations with learners in
exchange of favours like good grades or money. This encourages prostitution on
the part of female learners.
Stereotype life situation: Many women believe that men dominate over
women.
During the public hearings, the Committee discovered that there are schools
where most serious cases of sexual violence happen. These are:
Ntabeni Secondary School in Engobo, where an educator impregnated about
20 learners.
Bongweni Primary School, where an educator verbally abuses learners and
forces them to urinate or undress in front of the other learners.
Herschel Junior Secondary School, where two educators were first
reported of having sexual relations with learners in 1991. An SGB member died
of a heart attack as a result of an argument with one of the educators.
Vaalbank Junior Secondary School, where a deputy principal was involved
in a relationship with a learner below the age of consent
Mathew Goniwe Senior Secondary School, where an educator twice raped and
infected a learner with HIV. It is also alleged that the same educator infected
two other learners, but nothing has been done about the case.
Mdeni School
Learners reported that there is female-to-female violence and
male-to-female violence at school. They said that they are afraid to report
these cases for fear of victimisation. The Committee observed that the element
of sexual violence is rife and learners were shy to speak about it out of fear
of being ridiculed and rejected by their peers.
The principal of the school reported about a case of an 18-year old learner who
was kept by an educator at his home for two weeks. This educator was transferred and later
suspended.
The school has a guidance educator who deals with matters of sexual harassment.
The Principal, parents and the SGB reported that there were no cases of sexual
harassment at the school.
Ntabeni Secondary School
The learners at the school reported that there were instances of sexual
harassment by educators. They were, however, not comfortable to talk about it.
The parents, SGBs and the youth confirmed that there is sexual abuse at the
school. An example cited was that of an educator who has been accused of having
affairs with schoolgirls. The educator impregnated about 20 schoolgirls in the
same school. The matter was reported to the local community by the youth. The
community is divided on this matter because some parents benefit form this
acts. The principal reported the educator to the SGB and they could not take
action because parents of the victims do not talk about this, while some get
financial support from the educators.
The local youth intervened and demanded that the educator must be dismissed, as
his behaviour will have a negative impact on the performance of the school.
Reuben Ntuli Junior Secondary School
Presenters at the school reported that:
Sexual abuse is prevalent in the area where the school is situated, and local
people were abusing the students.
There is no security at the school, and this is not safe for learners and
educators since harassment usually takes place at gunpoint.
In a recent incident, a learner was raped and the matter was reported to the
parents, who reported it to the police. The parents also claimed lobola from
the perpetrator.
Upper Corona Senior Secondary School- Libode
Learners at the school reported that:
Sexual violence does happen at the school.
Educators and learners are alleged to be involved.
Learners also said that educators have love affairs with learners. One of the
educators impregnated a learner, and threatened those who accused him with
dismissal.
The school management and the SGB denied that there is sexual violence at the
school. They said that they would take appropriate action if these cases were
reported. They also told the Committee that learners do not report these cases
for fear of their safety.
Mthweni Senior Secondary School
Learners informed the Committee that sexual harassment is a big problem at
the school. They mentioned that:
Certain forms of sexual harassment happen in classrooms. Some educators would
pretend to help girls and fondle their breasts. Others would do it in front of
the class.
They experience sexual violence in their relationships and from educators. Some
girls have relationships with educators.
They are subjected to degrading sexualised language from their educators.
Learners who clash with educators on relationships are subjected to degrading
comments. Other educators apply corporal punishment if rejected by learners.
The school management denied that there are instances of sexual violence at the
school. They said that if it happened, learners should have reported it to the
principal or whomever they trust. They, however, confirmed that corporal
punishment is used to instill discipline in learners due to their “unbecoming�
behaviour.
Zanokanyo Senior Secondary School
The learners, management and the SGB reported that there are no cases of sexual
violence at their school. They did complain though, that crime is rife in the
area.
Newell High School
The learners at the school voiced their concern about those who are willing to
be sexually involved with educators. Some learners are pressurised into getting
sexually involved with educators for fear of failing.
The SGB and management of the school informed the Committee that:
3 cases were reported from 1999, and that two of them were settled internally.
The learners reported these cases to the Principal.
There is a disciplinary committee that attends to cases of sexual abuse and
violence in the school.
The school also has life-skills programme for prevention of sexual abuse, which
is presented by NGOs, Crime Stop, Youth for Christ and Child Line.
The school also indicated that they have a problem because:
The Department of Education takes a long time to finalise cases reported to
them.
Educators are aware of legislation regarding the conduct of educators, but
there is no documentation to substantiate that from the department.
Some parents prefer to keep quiet about affairs between educators and their
children, saying that children has a constitutional right to do what they want.
Even though the school has its own policies, the department has the tendency to
support the parents.
The department does not issue hard penalties when offenders are found guilty.
Recommendations by the school
The school recommended that:
The department should formulate a framework to deal with these cases.
Existing legislation should be amended to address the issue of sexual violence
and HIV/Aids infections.
The department must invoke strong penalties that will serve as a deterrent to
offenders.
Lungiso High School
The learners admitted that there is sexual violence at their school and that
educators are publicly doing it. They told the Committee that:
They sometimes do not know where to report it.
The Learner Representative Council (LRC) reported certain incidents to the
staff and the SGB.
They are not aware of a code of conduct in their school.
Some parents agree with the educators.
Some learners agree that they are tempted to be involved with educators in
other schools.
Some parents are unemployed, which is why they rely on these educators for
school fees, uniforms and transport.
The principal of the school reported that there was an incident of an educator
having a relationship with a learner, and he called the educator and ordered
him to stop the affair. The affair continued without the principal's knowledge
and the SGB was not aware of the incident. The Committee was also informed
about a case of an educator who sexually assaulted a learner. The parent of the
learner reported the case to the principal.
Another case of sodomy was reported to an educator. Boys aged between 9 and 12
years and a White adult male were involved. This case is being investigated by
the police, but has been dragging on for a long time.
The management reported that:
There is a code of conduct at the school.
A draft policy was being discussed with parents, and will be discussed with the
learners as well.
There is life-skills at school.
Educators attend life-skills courses and are sharing the information with
Grades 11 and 12.
Gamble High School
Learners told the Committee that:
Sexual violence at the school happens between learners and between educators
and learners. Certain cases that are reported to the principal are ignored.
An educator was sexually involved with a Grade 9 learner who subsequently fell
pregnant.
A caretaker harassed a learner. The principal and the matron were informed but
the harassment still continues.
Many cases are not reported for fear of being laughed at.
The management and the SGB told the Committee that that they had no knowledge
of sexual violence being reported since 1999. They were instructed to
investigate allegations made by learners.
Bethelsdorp High School
Learners informed the Committee about an educator who was sexually harassing
learners. This is still continuing even after the incident was reported to the
management and the SGB.
Educators at the school confessed that males are “weak� and easily enticed by
female learners. A student councilor who handles these cases reported that most
of these incidents happen outside the school premises and learners are
involved. Cases that were reported since 1999 are:
11 of sexual abuse.
6 of date rape.
1 of gang rape
3 of statutory rape.
During this period, a case of sexual violence between an educator and a learner
was reported. The educator has since been sentenced. Educators and learners report
the cases directly to the student counseling unit, which then takes the
necessary steps. The counseling team is co-ordinated with:
The South African Police Services.
The Child Protection Unit
Child Line.
A social were and a psychologist.
The Rape Crisis Centre.
These organisations regularly present Preventative Community programmes at
school. Regular life-skills programmes are also presented at school, either in
groups, in classroom or at mass assemblies.
Recommendations/Suggestions
The school recommended that:
Pastors and Priests of churches where victims are affiliated are requested to
support learners and their parents in the process of healing.
The State should consider appointing Student Councilors as in the Western Cape.
Hillside High School
Learners told the Committee that there were no incidents of sexual violence at
the school. However, they wanted to know how to deal with it if it happened.
The management of the school also said there were no such cases, and that they
would make sure that the department charges the culprits if it happens. The
principal warned male educators that he will act against them and support the
parents should acts of this nature occur.
Paterson Senior Secondary School
The learners at the school reported that sexual harassment only occurs
amongst the learners. However, they complained about an educator who beats
learners on the buttocks, but this was never reported to the principal. The
learners also spoke about the harassment of children at home, which affects the
culture of learning and performance of these learners.
The management and SGB confirmed that harassment occurred only amongst the
learners. An example was a case of a learner who was suspended for exposing his
private parts to other learners. Cases that occur outside the school premises
are announced to learners at the assembly to make them aware that this cannot
be tolerated.
Bongweni Primary School
Learners told the Committee of an educator who:
Forces female and male learners to urinate in front of the class.
Buys sweets and forces girls to get the sweets with their mouths.
Tells female learners who are late for class that they were being kept by their
boyfriends and that he will sew their vaginas.
Calls female learners to empty classrooms to kiss them.
Would instruct learners to take off their pants to show the class whether they
have pubic hair whether their penises have grown.
Educators confirmed the allegations and said that they tried to warn the
educator. The educators also informed the Committee that sexual harassment is
between the learners themselves.
The SGB reported that 2 cases were reported since 1999. In one case, a Grade 4
learner raped a Grade 3 learner. The case was reported to the parent. This case
was also reported to the police. The child was traumatised and could not give
proper evidence. Counseling was recommended. The case is still going on and the
boy has been transferred to another school.
With regard to the educator who harassed learners, parents of the affected
learners were called in and the case was discussed. The principal apologised on
behalf of the school. The educator committed the same offence again and the
district manger temporarily removed him for the school. The case was reported
to the regional office, but there has not been any response to date. The
district officer decided to transfer the educator to another school pending the
response of the regional office.
Recommendations
The Committee recommended that:
The educator concerned be suspended.
Disciplinary action be taken against him.
The school suggested that cases of this nature be expedited.
Alexandria High, Zuney Intermediate, Klipfontein High and Ukhayo High School
The LRCs and the SGBs of these schools told the Committee that there is no
sexual violence in their school. However, Ukhanyo reported that sexual violence
takes place outside the school premises amongst learners. Learners who are
reported are called in and warned.
Alexandria reported that there are elected school representatives in the community,
which makes it difficult for sexual violence to occur, even outside the school
premises. Incidents that happen outside are reported and action is taken
against the learners responsible.
Zolani Junior Secondary School
There is a pending sexual harassment case that was reported in 1997. Since
then, no other cases have been reported. The school principal, in collaboration
with the SGB and the LRC, are committed to ensuring that the teaching
environment is free of sexual harassment and abuse. They informed the Committee
that:
They drafted a school policy prohibiting sexual relations between educators and
learners.
Female educators have introduced a teaching programme for students on
life-skills. However, learners unfortunately do not support the programme.
The school and the local community have taken a collaborative approach on
matters that involve sexual violence or abuse against learners.
Workshops have been organised by the local community for members of immediate
families on issues of sexual violence against children.
Social workers and the SAPS have been engaged in situations where cases of
sexual abuse has been established or suspected.
There are no HIV/Aids programmes that have been initiated by the school.
Herschel Junior Secondary School
The Committee was informed that:
Two educators who had sexual relations with learners were removed from the
school. This was done by the principal in consultation with the SGB. These
educators were first reported in 1991 and were given a second chance after
apologising. The educators committed the same offence again in 1998. Members of
the committee dismissed them. The SGB and the principal attempted to talk to
them, but a heated argument between an SGB member and one of the educators led
to the member collapsing and dying of heart attack.
The Department of Education held a disciplinary hearing, which resulted in one
of the educators resigning and the other one pleading guilty. He was pardoned
by the department and transferred to another school.
The school and the community have formed a partnership to deal with issues of
the community.
The school has also formed partnerships with other nearby schools. The
community has been educated on the existence of sexual abuse and where to
report it when noticed or suspected. Social workers have also been involved.
Lukanji Senior Primary School
The school informed the Committee about a case of an educator who sexually
abused more than 4 boys. The Child Protection Unit and social workers were
involved in this case, and have requested the school to educate students on
issues of sexual violence. The educator was found guilty by the Department and
has since been discharged from teaching.
Bomeni Secondary School
The school informed the Committee that:
The last reported case of a sexual relationship between a learner and an
educator was in 1982. Members of the community removed the educator from the
school.
There were 2 cases of rape involving learners in 1998 and 2000. The principal
told the Committee that the school could not get involved as the incidents
happened outside the school premises. Both learners have since left the school.
The educators, in collaboration the SGB, have implemented the HIV/Aids
programme to educate learners.
Vaalbank Junior Secondary School
The school informed the Committee about a case of a Deputy Principal who had a
sexual relationship with a learner. The matter was referred to social workers
and the Department of Education. There has been no progress on this case and
the deputy principal is still teaching at the school.
There was another case of an educator who had a sexual relationship with a
learner from another school who was below the age of consent. The matter was
reported to the police and the child's family, and criminal charges were laid
against the educator. The educator won the case.
The Committee observed that members of the community were divided over these
cases. It appeared as if some members took sides with the culprits.
Sam Xali Higher Primary School
The Committee was informed that there have never been reports of sexual
violence committed at the school. The school has a partnership with the local
clinic, Social workers and parents to educate learners on sexual violence and
Sexually Transmitted Diseases.
Mathew Goniwe Senior Secondary School
The school told the Committee about a case of an educator who twice raped a
Grade 11 learner. After the second rape incident, the educator told the learner
that he is HIV positive and gave her 4 tablets to take. Blood tests have
revealed that the learner is now also HIV positive.
It is also alleged that the same educator has infected two other learners but
they are afraid to come forward. The case was reported to the principal and the
SGB two months after the incident happened. The principal was expected to
report the matter to the Department of Education but never did.
Recommendations
The Committee sent the report on the hearings to the provincial MEC for
Education with recommendations that:
Internal disciplinary processes should immediately be instituted against the
said educator.
The educator should be removed from the school with immediate effect.
Criminal charges should be laid.
Dangwana Senior Secondary School
The Committee was told that there have not been any cases of sexual violence
since 1999. The educators welcomed the initiative taken by Government in
formulating policy on sexual violence. They requested the department's
assistance in the implementation of the policy.
Ndawana Junior Secondary School
The Committee was told that there have not been cases of sexual violence since
1999. Rape cases that occur in the village are not taken forward, and if the
police are called, they take too long to respond. Learners recommended that
those who impregnate others should be suspended, together with the pregnant
ones. The learners told the committee that there were educators who have sexual
relationships with learners.
The parents and the SGB voiced their concern about male learners who impregnate
female learners. Most parents feel that in such cases both learners must be
suspended.
Jojo Senior Secondary School
The Committee was informed about a male educator who proposes love to learners.
Parents reported this to the principal but no action has been taken against the
educator.
The learners told the Committee that harassment of female learners by male
learners occurs at the school. There are also educators who continually
initiate sexual relations with learners, and this leads to confrontations
between students and educators. These incidents are reported to the principal,
but he takes too long to respond.
Some of the problems that the school has, include:
Verbal abuse.
Racial abuse.
Educator absenteeism.
Mvenyane Senior Secondary School
The Committee was told that there are educators who have love relationships
with learners. One such case was reported to the department. This has led to
learners who have relationships with the same educator fighting amongst each
other. Male learners also loose respect and fight with educators who are
involved with the learners.
The educators said that they appreciate the intervention from the Government on
sexual violence and abuse in schools. They also said that Government should
help with the implementation of the policy.
Sukude High School
There were no incidents of sexual violence reported at the school. The learners
said that they do not know about such cases and have never heard of the
school's code of conduct. The educators welcomed the impending policy and urged
the department to help in implementing it.
Tyali Secondary School
The Committee was informed that the Principal of the school has been suspended,
pending the outcome of investigations into allegations of sexual harassment of
school children since 1996. The principal was initially chased away by
learners, but came back in 1999.
The case was reported to the district office and the principal has since been
suspended.
Hector Peterson
The LRC informed the Committee that there are reports of sexual harassment at
the school. Cases of an educator harassing learners were reported to the LRC
and the principal. The management, which dealt with the cases, told to the
Committee that they did not report these cases as they were without substance.
The educators told the Committee that there were no incidents of sexual
violence at the school.
Inkwenkwezi High School
The Committee was told that:
Many learners at the school are subjected to sexual violence.
Most of these happen outside the school premises.
Each year, about 30 cases of sexual violence are reported. This is in the form
of learners against learners, within families and neighbours.
Sexual harassment also happens amongst learners, but perpetrators are usually
called and reprimanded by management.
There was a learner who harassed an educator, and he never returned to school
after he was told to bring his parent.
A school counseling desk has been set up for support at the school. There is
also a spiritual group session held at the school. In addition, the learners
have established a peer support group. Some cases are referred to the Child
Protection Unit, FAMSA and SANCA. There is also a life-skills programme at the
school, which members of the SGB, the learners and educators have undergone.
Nkangeleko High School
Although there are no incidents of sexual violence at the school, it does
happen outside the school environment. The Committee was told that:
Prevalent cases of sexual abuse are committed by neighbours and family members
to learners.
Educators report cases to the Child Protection Unit. However, the police take
time to process these cases.
Minor learners perform sexual acts in classrooms.
The community has been made aware of the extent of sexual violence in the area.
The school is also involved in awareness programmes with the community, and is
working with SANCA and social workers to counsel learners.
Mababoti High School
The Committee found it very difficult to get co-orperation from the educators.
It was later established that they are involved in cases of sexual harassment
against the learners. The Committee was told that:
Learners reported 4 cases to management. More of these cases were unearthed
when the principal investigated further. These incidents happen between
educators and learners.
Educators are having sexual relations with learners. This has never been
reported to the department because victims are not co-operative. Affected
educators have denied their involvement. Some of the learners depend on the
educators for financial support.
The school is now working on a policy on sexual relations between learners and
educators.
Vuli Valley High School
The Committee was informed that sexual relations between educators and learners
at the school are rife, and there is nothing that management can do, as they
are not reported to them. There are two cases of sexual violence at the school,
which happened between educators and learners. In one case, and educator
impregnated a learner, and the case has been reported to the department and the
SAPS. The educator is still at school.
In one case involving a learner who was harassing another learner, the police
we called in to intervene.
Mbulelo Combined School
The Committee was informed that:
Most of the cases reported happen outside the school.
Parents do not play an active role as some of these incidents happen in the
family.
There have been cases where perpetrators have been prosecuted, but others could
not be found guilty because of the criminal justice system.
General Finding of the Committee
Some cases of sexual violence and abuse are not reported for fear of
victimisation.
Educators are using their authority to abuse learners. When these cases are
reported, educators get transferred to other schools and no disciplinary action
is taken.
There is no gender-based violence policy that is actively enforced to deal with
sexual violence and harassment of learners in schools.
Counseling services for both victims and perpetrators it does not exist in
schools.
Sports events and social activities, such as farewells, have been cited as
platforms for sexual violence and abuse of learners and educators.
Some public representatives and senior ranking officials and community leaders
are involved in this kind of misconduct.
Some educators exploit the poverty of parents to have relationships with
learners. As a result, some parents try to protect these perpetrators because
they benefit from them.
Co-ordination between Education, Welfare, Health, Safety and Security and the
Criminal Justice system on investigating cases of sexual violence to ensure
punishment is ineffective, ill-conceived or nonexistent.
Some place, especially rural areas do not have telephones to report cases of
sexual violence or abuse in schools.
There is no legal representation for learners during court cases, whereas
perpetrators do have representation.
Recommendations by the Eastern Cape
Educators who are involved in sexual violence and abuse of learners in
schools should not be transferred to other school. The Committee
recommends that they should be suspended and disciplinary action be taken
against them. Further criminal charges should be taken against them when
necessary.
The department should develop policy with punitive measure and standard
procedure for intervention against the abuse of children and sexual violence at
schools.
There should be a link between the Departments of Education, Welfare, Safety
and Security, Health and Justice to deal with such cases.
A telephone hotline should be provided, especially in rural areas, for the victims
of abuse in order to enable them to report the cases without delay.
Victims of sexual violence, especially young children, should be provided with
legal assistance when faced with lawyers of the perpetrators during court
proceedings.
Sports events and school activities must be closely monitored.
The department should provide a counseling service to both the victims and the
perpetrators of violence.
FREE STATE PROVINCE
Members of the Portfolio Committee on Education in the Free State province and
some members of the Select Committee on Education and Recreation conducted
public hearings in schools in Bloemfontein, Kroonstad and Qwa-Qwa.
The Committee noted that sexual violence is a very sensitive topic and not
everyone could boldly express himself or herself. The provincial report looks
at factors attributed as causes of sexual harassment and barriers to reporting
abuse. The Committee also made some general observations and recommendations.
Factors attributed as causes of sexual harassment
Factors that the Committee identified as causing sexual harassment are:
Female learners dressing inadequately (in short skirts).
The failure of school authorities to respond decisively to cases of sexual
abuse, which discourages learners from reporting similar cases.
Learners' uncertainty of the outcomes of reporting such cases imposes serious
fear.
Unethical behaviour of educators.
Free access to alcohol from taverns that are situated in close proximity to the
school premise.
Learners thinking that it is acceptable to have sexual relationships with
educators
Verbal abuse: The Committee found out that both learners and educators are
guilty of this offence. Educators use derogatory names on learners and some
learners proposes to young educators.
Barriers to reporting sexual abuse:
The failure of school authorities to respond to cases of sexual abuse, which
discourages learners from reporting similar cases.
Learners' uncertainty on the outcomes of the cases.
General Observations
The Committee noted that:
Sexual harassment is prevalent in schools. It mainly occurs between learners
and educators.
A Lack of sex education also exacerbates the situation.
Findings
The Committee noted during the hearings that violence is rife and prevalent at
the Free State schools. They noted that this problem impacts on the schools and
results in:
Continued deterioration of discipline within the school premises.
Learners mistrusting educators.
Aggressiveness.
Deteriorating academic performance as learners who maintain sexual relationships
with educators are often favoured and obtain better marks.
Sexually harassed learners dropping out of school to avoid embarrassment.
Recommendations by the Free State province
The Committee recommends that:
The Department of Education, in close relation with the Department of Social
Development and the Police, conduct a further inquiry into this matter. This
should not be done in public.
Every schools' code of conduct prohibit sexual harassment and sexual relations
between a learner and an educator, as well as between a learner and a head
master or deputy head master of the school concerned.
Sex education be introduced or encouraged to furnish learners with more
information regarding sexual harassment.
Future public hearings be held in camera because of the sensitivity of the
topic.
It is necessary that social workers are appointed or should visit schools to
detect tendencies of sexual violence.
MPUMALANGA
The Portfolio Committee on Education, Sports, Recreation, Arts and Culture in
the Mpumalanga province visited the Highveld, Eastval and the Lowveld regions
to conduct public hearings. The Committee discovered that children were being
abused at home, on their way to school and also at school. They noted the ways
in which abuse occurs, why this is happening and made recommendations to help
to solve this problem.
Ways in which abuse occurs
Forced child prostitution:
Girls would not come to school because they are being kept as sex slaves by
elderly people for very little or no payment.
Because of poverty, some children prostitute themselves to get paid.
Where there are factories close to schools, factory workers abuse the children
and pay them very little.
Some children prostitute themselves to get food to fend for themselves.
Migrant workers and starvation of kids in rural areas:
Because parents work far from homes, some children stay alone and end up being
abused by some community members.
Some children look after themselves, and this leads to prostitution in order to
get food.
Teacher to leaner abuse:
Some educators abuse learners and are not dismissed. Instead, they get
transferred to other schools.
Educators buy liquor and other intoxicating drugs for learners before abusing
learners.
Educators abuse learners verbally.
Abuse at primary and secondary schools is disguised as “affairs�.
Children between 6 and 7 years in lower grades are also abused.
Educators demand sexual favours from learners in return for good grades.
This problem is prevalent among male educators.
Some educators are not disciplined and are made to provide for the families
with financial and other means.
Learner to learner abuse:
Male learners rape female learners at bashes (parties) and during school
trips.
Lack of privacy at home leads to children doing things seen at home on other
young kids.
Perpetrators are male and victims are female.
Family members to learner abuse:
Either the stepfather, uncles, those who are breadwinners or biological
fathers, are perpetrators of abuse at home.
Mothers denying the truth about rapists or other culprits.
Sodomy is also discovered in families where grandfathers sodomise their
grandchildren.
Cultural practices:
Traditional courts prosecute rape and abuse cases without the relevant
authority.
The payment of damages (inhlawulo) leads to cases not being reported to courts.
Families accepting lobola for newly born babies. This leads to children being
abused by the “in-laws� at an early age.
Community members to learner:
Families make matters worse by demanding compensation from the abusers.
Traditional and family courts prosecute rape and abuse cases.
Pastors and priests also subject kids to abuse by marrying them at an early
age.
Reasons why abuse happens
Factors that were cited during the hearings as reasons why abuse is taking
place are:
Lack of awareness campaigns on child abuse, leading to perpetrators being able
to escape.
Poverty, which leads to children subjecting themselves to prostitution.
Lack of integration of government departments on poverty alleviation
programmes.
Power relations and negative aspects of our cultures.
Lack of sex education and discussions between parents and children as well as
between educators and learners.
The notion that girls are sex objects.
Lack of school transport.
Lack of recreational facilities.
Shortage of specialised children's courts.
The belief that sleeping with an under-aged child will cure one of HIV/Aids.
Failure of some parents to cooperate with educators.
Failure of the Department of Education to dismiss educators who are abusers.
Recommendations by Mpumalanga
The Committee recommends that:
Sexual violence be declared a priority crime.
The media be used to build awareness of sexual abuse.
A National and Provincial Men's Indaba be held by the President.
The Department of Education immediately dismisses all those engaged sexually
with school children.
Sex education be taught in schools and homes in languages understood by those
receiving the lessons.
The Departments of Education, Social Services, Health, the Police and the
medical personnel establish victim empowerment centres or trauma centres to
deal with cases of sexual abuse.
The Department of Social Services establishes a social security grant for those
living in poverty so that children must not be abused as a result thereof.
Children's courts that will be children friendly be established to ensure that
perpetrators are punished for the actions.
Training of the police to handle cases of child abuse.
Government makes available school transport for learners traveling long
distances.
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