Law and policy regulating the management of learner-on-learner sexual misconduct in South African public schools

Abstract

The aim of this article is to identify and critically evaluate current law, policy and public documents that regulate learner-on-learner sexual misconduct. It was concluded that there is no education-specific law and policy that regulate learner-on-learner sexual misconduct in particular. The prominent document that is available in this regard is the Guidelines for the prevention and management of sexual violence and harassment in public schools. Besides not being enforceable law, this document is also interspersed with obscurities and in several respects in conflict with other law, policy and public documents. The implementation thereof is therefore hindered and the effective management of learner sexual misconduct impeded. It is recommended that learner sexual misconduct be addressed in education-specific and enforceable law. This can be done by either inserting a section in the South African Schools Act 84 of 1996 or by inserting a regulation in the Regulations for safety measures at public schools.