State hauled to court over failure to enforce National Child Protection Register

THE Teddy Bear Foundation (TBF) represented by Section27 has hauled various government departments, including Social Development, Justice and Constitutional Development, Basic Education to court for an order to discharge their constitutional and legislative obligations to maintain and implement the National Child Protection Register (NCPR).

The case originates from a 2022 matter where Section27 represented a learner who a caretaker at a school in the North West province had raped.

The school’s governing body and the North West Department of Education failed to take all steps necessary to hold the caretaker accountable.

Section27 successfully intervened in the Mahikeng High Court, where it sought a mandatory order against various education authorities to act in accordance with their constitutional, legislative, and policy obligations.

After securing the order, a disciplinary hearing was held, and the caretaker was found guilty of rape. The department failed to place the caretaker on the NCPR, despite requests by Section27.

The NCPR is a vital tool established by the Children’s Act of 2005 to protect children from abuse, including sexual abuse. Inclusion in the NCPR is not dependent on the existence of a criminal conviction against the accused, according to Section27 .

“Once placed on the NCPR, persons are deemed unsuitable to work with children. Provincial education departments have an obligation to ensure that perpetrators are placed on the NCPR, and to vet all their employees who work with children against the NCPR.”

Section27 added that these are essential steps to ensuring that perpetrators never have access to work with children in schools.

Over the past two years, Section27 and TBF have engaged with the various departments to establish the extent to which the NCPR has been maintained and implemented.

These engagements revealed a failure by the Department of Basic Education (DBE) and the provincial departments to ensure and conduct the mandated vetting, respectively, Section27 said. It voiced concerns that sexual violence against learners at schools remains a pandemic.

The South African Council of Educators (SACE) reported that during the 2023/24 financial year, it received a total of 606 cases, of which 148 related to sexual abuse by educators.

Section27 said the numbers tell a story of a country failing to protect a generation and an urgent need to deal with cases of sexual violence speedily, effectively, and in a manner that centres on the needs of victims, particularly when victims are children.

“All the respondents in this application have constitutional and legislative obligations to ensure that they protect children and learners against sexual abuse or any other form of abuse,” Section27 said.

The government’s failure to ensure learners’ safety against abusers violates their rights to basic education, human dignity, freedom and security, and privacy.

“Schools ought to be places of safety where children can thrive and be free from all forms of violence. The Teddy Bear Foundation and Section27 call on the court to mandate the respondents to comply with their constitutional and legislative duties to maintain the NCPR and to ensure compliance with reporting and vetting obligations of educators against the NCPR,” the applicants said.

Cape Times