Education
With reference to the reply to question 6 of 14 May 2021, in particular reply to (6)(1)(b):
- On what basis does she and her Department assert that there is no onus or obligation on her Department to report sexual offences allegedly committed against children at Western Cape schools and (b) how does she, her Department and teachers who have knowledge of sexual offences committed against children, as learners, comply with the provisions of the Criminal Law (Sexual Offences and Related Matters) Amendment Act?
8. (a) The department does not report disciplinary cases of improper conduct (sexual harassment)/ sexual assault by an employee against a learner to SAPS when disciplinary action is instituted against said employee. Disciplinary action is separate from any criminal procedures instituted against an alleged perpetrator.
All cases that have been referred to Labour Relations have already been reported to SAPS as per the Abuse no More Protocol. Therefore, the Department is not required to report disciplinary cases instituted to SAPS, as this reporting has taken place prior to this.
In terms of the Criminal Law (Sexual Offences and Related Matters) Act, anyone to whom a child discloses abuse has a duty to report it, immediately, to SAPS. This may be a teacher, principal, social worker, other staff member, or any other person. The management of the disclosure process is immediate and there should be no delays in involving the relevant role-players. Thus SAPS, and the Department of Social Development, should be contacted on the same day that the disclosure is made – not after a disciplinary case has been instituted.
(b) Schools follow the abuse no more policy (https://wcedonline.westerncape.gov.za/abuse-no-more-protocol-western-cape-education-department-2014) in cases of where sexual offences have been committed against a child. The first person to whom a child reports sexual abuse has the responsibility to report the abuse to SAPS. If disclosure takes place for the first time to the parent then the parent must report to SAPS, or if disclosure takes place to the teacher for the first time then the teacher must report to SAPS. Both the teacher and parent have legal responsibility to report abuse if the abuse is reported to either of them for the first time.
In terms of the Section 54 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) (i) every person has a duty to report “knowledge that a sexual offence had been committed against a child”.
If the member is aware of an incident that has not been reported to SAPS, he should urgently report it, and make the department aware of the incident.
