WHEN CAN THE SCHOOL CONDUCT A SEARCH?

SEARCHING pupils for drugs must be initiated by the principal or a police officer.

Under the South African Schools Act, in the absence of a police officer, any school principal or their delegate can, without a warrant, search any person on the school premises if they have reasonable suspicion that illegal drugs may be present.

Anyone who goes against the regulations may be removed from the school premises.

When can a search be conducted:

● By other students informing the principal of the presence of drugs on school premises.

● By the scent of drugs, such as dagga.

● If there are reports from parents.

● If traces of drugs are found on the premises.

● Any other reasonable indication.

How must a search be conducted:

● The principal, or his or her delegate (usually a teacher), must conduct the search.

● The person searching must be of the same gender as the pupil.

● The search must be conducted in private and not in front of other pupils.

● It must be conducted in the presence of an adult witness of the same gender as the pupil.

● If drugs are found, they should be photographed whenever possible.

● The search may not extend to the private parts or any body cavity (for example, mouth or anus) of the pupil.

● While no private parts of a pupil may be touched, as a last resort a learner may be requested to strip down to his or her underwear while their clothes are searched.

● The only reason why a pupil would normally be allowed to leave the area is in the case of an urgent need to use the bathroom, and then they would need to be accompanied.

● Principals are required to inform their district departments to arrange searches with the police. | Department of Basic Education’s Drug Testing Guide