Maswahlene Primary School staff face charges over negligent treatment of learner

Issued by Jacques Smalle MPL – DA Limpopo Spokesperson on Education
24 Oct 2024 in Press Statements

The DA in Limpopo has assisted the Malatji family in laying charges with the police against a Grade R teacher and principal at Maswahlene Primary School over the negligent treatment towards Grade R learner Ditiro Malatji. View photos here and here.

This follows numerous incidents of negligent treatment towards the young learner that include:

  • On Wednesday the 17th July 2024, Ditiro was allegedly locked up in the classroom when the school closed for the day by his grade R teacher. The family frantically searched and only found him terrified and locked up in his school classroom at 21:00 in the evening
  • In February the learner was allegedly left alone and unattended in his classroom and was only found much later by the transport driver and other teachers, and
  • On the 31stof May after a grade R trip the child did not return home at the expected time and he was allegedly found much later, forgotten and asleep on the bus later that night.

Despite these numerous incidents of negligence, the school has failed to move Ditiro to another teacher’s classroom and to provide psycho-social support despite committing to do so. The department officials have also failed to intervene and take corrective action. The DA wrote to the MEC of Education, Mavhungu Lerule Ramakhanya demanding an investigation into the matter and no action has been taken.

The teacher is expected to assume the role of the parent and is responsible for protecting the and acting in the best interest of the child. The Department and principal are also responsible to make sure that our learners are educated in a safe environment and are protected at all times. Section 28(1)(d) of the Bill of Rights states that every child has the right to be protected from maltreatment, neglect, abuse or degradation.

Furthermore The South African Council for Educators (SACE) code of professional ethics requires educators to take reasonable steps to ensure the safety of learners and to ensure they are not negligent or indolent in the performance of their professional duties. Section 32(1) of the children’s act also indicates that a person who has no parental responsibilities and rights in respect of a child but who voluntarily cares for the child must, whilst the child is in that person’s care safeguard the child‘s health, well-being and development; and protect the child from maltreatment, abuse, neglect, degradation, discrimina­tion, exploitation, and any other physical, emotional or mental harm.

The DA believes the department, principal and teacher have failed in protecting Ditiro in this instance. We will continue to monitor this issue and make sure that all responsible individuals that were at fault will be held accountable.