Human Rights Commission raises alarm over gaps exposing learners to convicted sexual offenders

The South African Human Rights Commission says gaps between institutions are allowing some offenders to continue working with children despite being dismissed or convicted

By Mapaballo Borotho

Human Rights Commission raises alarm over gaps exposing learners to convicted sexual offenders — Image @Adobe stock

Schools are among the public spaces where parents and guardians expect their children to feel safe and protected from any form of harm.

However, a new report by the South African Human Rights Commission (SAHRC) has found that violence in schools is a widespread and systemic crisis, with hundreds of learners experiencing abuse and sexual harassment every year.

The report found that thousands of such cases are reported in South African schools annually.

The Commission says learners’ rights to safety and education continue to be undermined, calling for stronger measures to prevent abuse and hold perpetrators accountable.

Phemelo spoke to SA Human Rights Commission Commissioner Tshepo Madlingozi about the report’s findings and what needs to change to better protect learners.

Madlingozi said the Commission initially received a complaint from the Eastern Cape, which prompted it to investigate similar cases at schools across the country.

He said there is a disconnect between the departments responsible for dealing with these cases, allowing some perpetrators to evade accountability.

“All the laws to protect children are there,” he said.

“We have different institutions, but the system is fragmented. For instance, someone may be undergoing an investigation by the Education Labour Relations Council and eventually be dismissed, but that does not automatically lead to deregistration because that is the responsibility of another council. The individual can then move from one school to another,” he added.

Madlingozi added that someone may be dismissed, deregistered, prosecuted and even convicted, but the court must issue a notice for that individual to be placed on the National Register for Sex Offenders.

“We found that we have about 45,000 people, and only 35,000 of them are on the register. This means thousands of other sexual offenders are walking around and still have access to children as educators and coaches, which is very concerning,” he added.

For the full conversation, listen to the podcast.