Bullying, among children, is not just a nightmare for the victims, but for their parents and guardians as well.
In their frustrations, parents scramble for ways to not only make the bullying stop, but for some consequence for the bullying.
But very few, including school staff, know what the legal way to deal with bullying in schools is, in South Africa.
First, it is important to recognise that bullying takes many different forms.
It can be physical or verbal abuse.
According to LegalWise, the following offences might arise from these types of bullying:
• Assault – for example, where a person hits another person (physical abuse) or where a person threatens another person that s/he will hit him/her.
• Crimen injuria – for example, where one person teases and humiliates another person by calling him/her names (verbal abuse).
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This means that when a child is being bullied at school by another child, the victim and their parents or legal guardians can bring a criminal charge against the bully at the South African Police Service.
However, if the ‘bully’ is under the age of 10 years, they do not have criminal capacity and cannot be held criminally liable.
This does not mean that the bully will not face the consequences of their actions.
What consequences can a bully under the age of 10 years old face?
After the parents or legal guardians of a the victim have brought a criminal charge against the bully, who is younger than 10 years old, at the SAPS, the following procedure will be followed:
A probation officer (such as a qualified social worker) will be appointed and will do an assessment of the bully.
The purpose of the assessment is to gather all the necessary information regarding the criminal charges and what appropriate measures should be taken against the bully.
The assessment must be done as soon as possible, but not later than seven days after the probation officer has been notified about the matter.
The assessment will be held at a private place, such as a police station, an office of a Child Justice Centre or a Magistrate’s Court, and the bully’s parents or legal guardians are allowed to be present during this assessment.
After the assessment, the probation officer can select one or more of the following appropriate measures that the bully must follow, such as to:
• refer the bully for counselling or therapy;
• refer the bully to an accredited programme to suit the needs of the bully;
• arrange for support services; or
• decide to take no action.
If the bully fails to comply with a decision made by the probation officer, they may be referred to the Child Justice Court.
In a case where the bully is older than 10 years, after the victim’s parents lay criminal charges, a police official will hand the bully a written notice or summons which will indicate the place, date and time where the bully must attend a preliminary inquiry.
The written notice or summons must be delivered to the bully in the presence of his/her parents or legal guardians, who must sign the written notice or summons.
Before the preliminary inquiry can be held, a probation officer will be appointed to assess the bully in the same manner as mentioned above.
After the assessment by the probation officer, the bully must attend the preliminary inquiry.
The purpose of the preliminary inquiry is to, among others, consider the assessment of the probation officer and to decide on what appropriate measures should be taken against the bully.
After the preliminary inquiry, the bully can be referred for diversion (for example, a rehabilitation programme) or referred to a Child Justice Court to continue with the criminal charges against the bully.
If the bully, his/her parents or legal guardians fail to attend a preliminary inquiry, a warrant of arrest may be issued to force that person to attend a preliminary inquiry.
Can a bully be arrested?
A bully under the age of 10 years cannot be arrested, but a bully over the age of 10 years can be arrested, but usually as a last resort.
Source: https://www.legalwise.co.za/help-yourself/legal-articles/how-treat-bullying-schools
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