Equal Education is concerned that there are a growing number of public schools are not following the correct procedures when disciplining learners.
A law expert has highlighted that parents and guardians of learners need to know how these processes work, should a learner violate the school's code of conduct
In an interview, Ebrahiem Daniels, Equal Education Law Centre’s Candidate Attorney said:
We're not saying learners should not or cannot be removed from a school, but we are saying there are procedures in place that must be followed to safeguard the rights of the learners before you do that removal.
According to the South African Schools Act, a learner (facing disciplinary action) is allowed to be represented by anyone chosen by the parents. This representative may be a friend, a colleague, a family member, or even an attorney.
Daniels added that the Act and other pieces of legislation afford learners certain rights and those rights exist to safeguard learners.
It is important that schools effectively use a school code of conduct that is aligned with the laws that are relevant in schools should a learner act in a manner that does not honour the disciplinary measures.
Daniel has also shared that as an organisation they do support learners from the start of a hearing to its end, and there have been cases where they have acted as a student representative.