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A new law proposed by the South African government is aiming to provide bullied school children with the ability to apply for protection orders against their peers.

This would be an avenue for children to take without requiring the involvement of parents or guardians. What could go wrong?

The consequences of this legal development means that under specific circumstances, bullies could face potential jail time or be enrolled in social service programs as a result.

That’s all very well, but how this will all go down with no parental input, or specific guidelines to protect children who have been wrongfully accused, is going to be interesting.

Granted, bullying remains a contentious issue within South African schools, despite the existence of several Acts designed to safeguard children from such behaviour. Some of these meant to curb bullying in schools include the South African Schools Act, the Cyber Crime Act of 2020, the Protection of Harassment Act of 2008, and the Child Justice Act of 2011.

Despite these legal provisions, the government has ‘observed a troubling increase in bullying cases’, with the Department of Basic Education noting instances of children resorting to suicide due to persistent bullying. Something clearly needs to be done.

Elijah Mhlanga, spokesperson for the Department of Basic Education, acknowledged the gravity of the issue echoed the need for it to be addressed, stating that:

“It is clear that South Africa has a huge problem when it comes to bullying, especially among those of school-going age.”

So what does this mean for South African youth? A Protection Order is typically issued by a court, directs an individual (the respondent) to cease abusive behaviour and specifies the conditions they must adhere to as determined by the court.

The new law under review is citing using these kinds of Protection Orders as a way to potentially dramatically decrease instances of bullying,

Mhlanga highlighted that in situations where the bully occurs in certain age groups, correctional services may become involved. Knowing the state of our correctional facilities in SA, this seems like a harsh bullet to bite. Does any child deserve that kind of environment, no matter the circumstances? That being said, for cases involving younger bullies, social services would intervene to provide them with corrective programs aimed at teaching them about the consequences of their actions.

While proponents of the new law view it as a positive step towards addressing bullying, critics have expressed reservations.

Some criminal law experts have raised concerns about the capacity of children, particularly those as young as 10, to fully comprehend right and wrong and navigate court proceedings. I’ll have to agree there, especially considering the wishy-washy nature of the guidelines that would motivate for use of the new law.

Criminal law expert William Booth emphasised the necessity of involving parents and school authorities in tackling the issue of bullying. Booth stressed that parents, teachers, counsellors, and school administrators should collaborate to develop comprehensive strategies for addressing bullying before resorting to legal measures.  developing brain.

Booth also cautioned against the administrative challenges associated with enforcing protection orders within schools, highlighting the potential difficulty of monitoring court-mandated guidelines, such as maintaining a certain distance from the victim.

While the law just doesn’t seem like a practical or reasonable response to bullying in SA schools, the proposal has launched the necessary conversation surrounding bullying in SA schools. Carting off ‘undesirable’ kids to overcrowded correctional institutions won’t be the ‘quick fix’ that the SA government seems to be looking for.

See a problem? Throw a law at it.

[source:businesstech]