Selborne digs heels in over stabbing incident

School proceeding with court action against education department for refusal to accept expulsion of boys involved

Selborne College has refused to back down in its fight against the Eastern Cape department of education over a stabbing at the school last year.

The department refused the college permission to expel two pupils who had stabbed a third, so now the college plans to proceed with its court application to set aside the department’s decision.

The court challenge will proceed even though the two grade 10 pupils involved voluntarily left Selborne earlier this year.

This was confirmed by the school’s attorney, Owen Huxtable.

“The school has concerns that if the head of [the education] department’s decision is not set aside, the pupils involved may, in theory at least, be allowed to return to the school.”

After the incident in November, the school’s governing body held a disciplinary hearing for the two boys, who were then in Grade 9.

Court papers said the disciplinary committee found that the boys, then aged 15 and 16, had acted “in a premeditated manner and without provocation”.

The school’s CCTV footage suggests one boy brought a flick knife to school and handed it to the other boy, who then opened it and stabbed the unsuspecting victim twice in the back. He then handed the knife back to his friend.

The victim collapsed in pain and needed five stitches.

The SGB recommended to then education department head Dr Naledi Mbude that the two boys be expelled.

In terms of department regulations, only the head of the education department can expel a pupil.

Mbude agreed to the expulsions but said they would be wholly suspended provided the boys attended counselling sessions and committed no further acts of violence.

The school believed this decision would effectively result in gross misconduct going unpunished.

It said in court papers the department was failing in its obligation to protect staff and pupils from violent behaviour.

In January, the SGB successfully approached the Makhanda high court to interdict the boys’ return to school after the education department threatened principal Andrew Dewar with disciplinary action and suspension if he did not allow them back on to campus.

The interdict was to remain in place pending the school’s application for the’court to review and set aside Mbude s decision.

It is understood that both boys withdrew from the school and have enrolled elsewhere.

While this may, on the face of it, render the decision to set aside Mbude’s ruling academic, the school wants to avoid a situation where the former pupils could re-enrol.

SGB chair Derek Breetzke says in court papers that it was ultimately the school that was burdened with the continued maintenance of proper discipline in the face of the department’s decision that pupils found guilty of such a serious violent act should not face any consequences at all.

He said Mbude’s failure to consult with the school before refusing to expel the pupils and trying to force their reinstatement without punishment was procedurally unfair and unlawful.

She had failed to take into account the need to ensure that schools were safe places for all pupils and that she had a duty of care towards all pupils.

“The HOD has a duty to protect all learners on the school campus as well as the principal and teachers, as well as employees.”

Ignoring this left the department, principal and SGB vulnerable to future legal action for negligence if there were to be further violence.

Breetzke said there were 760 boys at the school and safety and discipline were a priority.

Selborne was one of the oldest schools in the country and had a fine reputation to uphold.

The school had adopted and upheld a policy of zero tolerance for all forms of violence and bullying at the school.

Expulsion was clearly the only appropriate sanction.

Given the seriousness of the violent offence, Mbude’s decision had been unreasonable and irrational and not in the best interest of the school, staff or pupils, he said.