The rights and treatment of pupils who are accused of rape in schools are under the microscope as the mother of a grade 11 pupil who committed suicide last year after being accused of rape by a fellow pupil, takes the department of education to task on how it handled her son’s case.
Sarah Sihlali, the mother of 17-year-old Bafana Sithole, is demanding that the Mpumalanga department of education rewrite its investigation report into her son’s suicide to acknowledge that it contravened the department of basic department’s protocol for the management and reporting of sexual abuse and harassment in schools.
Sihlali is also compelling the provincial department of education to take disciplinary action against all teachers and school officials who were complicit in denying her son and her a fair process to respond to the rape allegations.
Sithole, who was a pupil at Hoerskool Kriel, hung himself on November 17 with his school tie in the storeroom of one of the classrooms after a 15-year-old grade 9 pupil accused him of raping her on November 1.
Sihlali is also demanding that the Mpumalanga department of education issue a public apology for not complying with the protocol in dealing with her son’s case. In addition, she wants the national department of basic education to outline steps it will take to ensure that schools comply with the protocol.
Speaking to Sunday World through her lawyers Lawtons Africa, Sihlali said she did not want other children and parents to go through what she went through because of teachers who do not follow procedure to report accusations of rape.
“If I don’t make this right, there will be other parents who will experience what I went through,” she said.
According to the protocol, the principal must immediately inform the guardians of the accused pupil about the accusations and write them a letter within 24 hours outlining the nature of the accusation and the procedure to be followed.
The accused pupil must be suspended for a period of seven days while a tribunal hearing is set up. The first time the accused pupil is required to make a statement is at the tribunal. The tribunal must be held within 72 hours. The accused also has a right to two representatives, one internal and one external, for support.
According to the report filed by the department of education on November 28, Sithole was denied these rights in line with the protocol.
Instead, Sithole was called to a meeting and given options on how he preferred to inform his parents about the accusations. One of the teachers also advised him to write down his account of what happened.
Sithole, who then confided in another teacher and asked for assistance in how to write his version of what happened, was left in a classroom alone to write the letter because the teacher was busy invigilating exams. It was during this period that he hung himself.
Mpumalanga education department spokesperson Jasper Zwane said the department had received the letter of demand and it was referred to the legal section for advice. Zwane said the department was working with all the families involved to ensure that they have closure.
“We will cooperate fully to assist them find closure,” he said.
He said the girl and her family were still undergoing counselling. “She is attending school and the department continues to provide psychosocial support to the family,” he said.
Sarah Goldman, the head of pro bono and citizenship department at Lawton Africa, said the education department had not been given a time frame to respond.
“Due to the nature of the demands, we want to ensure the department of education has the benefit of time to properly consider the protocol for the management of sexual abuse and harassment in schools.
“Our client has not, at this stage, indicated an intention to institute legal proceedings or claim compensation.
“This letter of demand is unique in that sense. It requires the Mpumalanga department of education to acknowledge the process that should have been followed and to reflect on its shortcomings,” she said.
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