PRETORIA — As South Africa confronts the alarming prevalence of sexual violence in schools, the Department of Basic Education (DBE) is outlining its multi-departmental strategy to enhance learner safety and address critical gaps in teacher vetting. Following the release of a recent commission report on the issue, DBE spokesperson Terence Khala addressed the systemic challenges and ongoing interventions aimed at protecting students across the country.
A primary concern highlighted during the discussion is the significant shortfall in mandatory criminal background checks. Currently, only 88,000 of the approximately 400,000 teachers in the national schooling system have submitted the necessary clearance notices. When questioned on why this is not an automatically enforced requirement by provincial authorities, Khala acknowledged the fragmentation within the education sector. He emphasized that the DBE’s jurisdiction has limits, necessitating a “whole of government” approach to fully implement and coordinate these checks across all provinces.
Khala noted that the basic education sector has already established specific frameworks, notably the protocol on the prevention and management of sexual abuse and harassment. The DBE welcomes the findings of the commission’s report, viewing it as a vital tool to gain deeper insights and utilize as a framework to pull sister departments closer together. This includes close collaboration with the Department of Social Development, the Department of Justice, and the South African Police Service (SAPS) to close existing operational gaps.
Detailing the practical application of this collaboration, Khala explained the school safety protocol, which serves as the anchor for the DBE’s partnership with SAPS. The protocol provides schools with direct access to their nearest police stations, fostering better relationships between educational institutions and law enforcement. This linkage not only allows schools to call for immediate assistance when learners feel unsafe but also enables proactive measures, such as joint operations and raids, to prevent challenges before they escalate. Furthermore, the DBE continues to work closely with the South African Council for Educators (SACE) to ensure all educators are adequately vetted.
The conversation also tackled a critical loophole raised by Commissioner Matlingo, who noted that sexual abuse cases against teachers are frequently withdrawn by families outside of formal legal processes, allowing the accused to return to the classroom without facing prosecution.
Addressing this, Khala clarified the DBE’s role in taking allegations to law enforcement, leaving the actual prosecution to SAPS and the Justice Department. He stressed the importance of avoiding “double jeopardy,” where cases are repeatedly raised, withdrawn, and reinstated, noting that such legal instability can be detrimental to a child’s well-being.
To ensure accountability and close this loophole, Khala highlighted that the DBE now runs concurrent processes. While a labor relations process is handled internally within the basic education sector, a separate legal process runs concurrently within the frameworks led by Justice and SAPS. This dual-track system aims to ensure that the protection of the learner remains at the forefront while upholding the rights of educators and maintaining strict health and safety protocols.
