State to fine abusive teachers

A teacher accused of breaking a teen girl’s hand by hitting it 58 times has landed the state with a R15m civil claim.

In a shift, the provincial education department says it will now force teachers found guilty of corporal punishment to pay some of the damages.

Corporal punishment was abolished 23 years ago in 1996, but cases of severe classroom beatings are still reported.

Education spokesperson Loyiso Pulumani said on Wednesday that employees found guilty will be liable to pay a portion of the awards handed down by courts.

He said: “All employees implicated in criminal or civil matters through willful or reckless behaviour will be cited as corespondents in any litigation against the department.”

The summons was issued to the department on Tuesday.

Unions reacted cautiously to the state’s new position.

Sadtu’s provincial secretary, Chris Mdingi, said corporal punishment was criminal and the union condemned it.

However, they still wanted to consider the department’s decision. “As much as the decision by department was not palatable, we will meet with our members and look at what the department is presenting and apply our minds,” said Mdingi.

Naptosa’s provincial chief executive, Loyiso Mbinda, said the state was at fault because it failed to manage the transformation process after corporal punishment was banned.

“Without condoning corporal punishment, the department of education has failed to provide proper training for teachers on alternatives to it.

“Making teachers pay for litigation to counteract the problem will not assist the challenge but worsen it because teachers will fold their arms and allow misbehaviour,” said Mbinda.

The incident that left the pupil with a fractured hand happened in July at Marelene Senior Secondary School in Mbizana.

In September, the Dispatch reported that the teacher struck the pupil for failing do a school assignment. At that point, the department confirmed the teacher was on trial charged with assault with intent to do grievous bodily harm.

On Wednesday Pulumani said the then 16-year-old had been taken to the school’s head of department by a female teacher for misbehaviour in class.

Pulumani said the HoD hit her three times on the hand but when she returned to class the teacher allegedly struck the pupil “excessively”. “The alleged excessive use of corporal punishment by the two teachers on the learner left her with a serious injury,” said Pulumani.

Pulumani said the department would defend the matter in court and criminal and disciplinary actions were in place.

The teen dropped out of school after the incident.

In 2017, the South African Council of Educators found 260 complaints of corporal punishment were reported at schools throughout the country.

Experts fear this is just the tip of a much larger problem as many cases go unreported.

In the Eastern Cape, 20 cases of corporal punishment and physical abuse of pupils by teachers were reported between 2015 and 2018 alone.

Between 2015 and 2017, one teacher was fired, one was fined R23,000, four were demoted and one resigned.

“This decision should serve as a warning to teachers who subject learners to corporal punishment. If they are found out, they will face the wrath of the law,” said Pulumani.

Without condoning corporal punishment, the state failed to give training for teachers on alternatives