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CHILD BULLIES FACE SERIOUS LEGAL CONSEQUENCES FOR HABIT OF ABUSE

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With bullying rampant and on the increase among children in South Africa, drastic measures are necessary to combat the violation of children’s rights. 

The Child Justice Amendment Bill was adopted by Parliament’s portfolio committee in 2019 to amend the minimum age of criminal capacity of children from 10 to 12 years and to further regulate the provisions relating to the decision to prosecute a child who is 12 years or older but under the age of 14. According to South African law, children under 12 do not have criminal capacity and can’t be prosecuted for committing crimes. www.lawforall.co.za

Pursuing justice for victims via legal means offers interim solutions for both the perpetrator and the victim.  Both parties have the responsibility to address the matter to secure their best life. Awareness is key to understanding the process.

What is Bullying?

Bullying, or the allowing of bullying, is defined as child abuse in the Children's Act 38 of 2005. Revenge porn is criminalized by the SORMA Act 32 of 2007 (section 11A) and the Cybercrimes Act 19 of 2020 (section 16).


Bullying is defined as a repeated offence over a period of time, a violation of a child's right to physical and psychological safety. It is the intimidation of a victim by individuals or gangs which often includes forcing the victim to doings things he/she is not comfortable with.

When a victim is repeatedly and aggressively hurt by someone it manifests not only as physical bullying - hitting and pushing, spitting, stealing/damaging of property, but also as psychological bullying - taunting the victim by means of threats, intimidation and spreading of rumours.  It includes verbal-, social-, electronic-, cyber-, racial- religious-, sexual- and disabling- bullying.


Bullying can be cleverly denied or minimized by the bully in offering of fibs for his actions but if the history of bullying is analysed, layered intent to harm the victim will be discovered.


What is Cyber bulling?

It is harassment by utilizing electronic media to aggressively threaten, embarrass or target another person online by mean, rude texts, tweets, posts, images or messages.  Posting personal information, pictures, videos or sound bites and in so doing violating another person’s personal space and human rights.


The Cybercrimes Act 19 of 2020

This act intends to, among other, is aimed at the detection, prevention, mitigation and investigation of cybercrimes and also impose obligations to report cybercrimes

“Cyberbullying is a global issue, and South Africa is not immune to it. According to a 2018 survey by Ipsos, South Africa has the highest rate of cyberbullying in the world, with 51% of South African teens reporting that they have experienced cyberbullying. This is significantly higher than the global average of 37%."

The Impact of Cyberbullying in South Africa

                                                                                                                                              Root Causes of Bullying

Aggression and bullying are a response to low self-esteem and an effort to cope with high levels of anxiety, depression or anger.  Often academic failures contribute to manifestations of bullying. Bullying stems from insecurity and is often employed by the bully to appear superior among peers. Most bullying happens on social media or directly face to face in the absence of parents or authority figures.


Although 4 South African Laws are already aiming at protecting children and combatting physical and online child-associated violence and bullying, there is still a need for the targeting of bullying per se in order to eradicate bullying between minors.


The Children's Act 38 of 2005

This act protects children against abuse and neglect.  Its aim is restorative justice by suggesting rehabilitation instead of punishment by prescribing educational programmes and processes for the bully to attend.


In light of The South African Schools Act 84 of 1996 (SASA) School Governing Bodies should have a social media policy in place with procedures addressing the matter by the rules thereof to prevent bullying and protect and support victims of bullying.


The Child Justice Act 75 of 2008

Although this act also calls for restorative justice, the act recognises that bullying cases can contain a criminal element.


The Protection from Harassment Act 17 of 2011

This Act empowers the child to apply for a protection order without the assistance of his/her parents. The court can also order the perpetrator to attend counselling and therapy to prevent becoming a repeat offender.


What to do when bullied?

When a child is being bullied at the school by another child, in a manner which constitutes a crime his/her parents or legal guardians could bring a criminal charge against the bully at a Police Station.

“The victim of the crime will be the child.  So, the child victim needs to report the crime at a police station accompanied by his/her guardian.  Cyber bullying is seen as assault, so a charge of assault will be opened.  It is also cybercrime, and the police will decide in terms of the investigation and the state in terms of the charge, if that child is capable to understand the difference between right and wrong and based on that they will determine whether the child perpetrator can be prosecuted. Those children will usually go in a child justice court.”    Legal Aid South Africa.                                

Legal Aid South Africa provides professional legal advice and representation to those who cannot afford it. We try to help as many people as possible, including vulnerable groups such as women, children, the elderly, disabled and the rural poor.  Excerpt from website:    https://legal-aid.co.za/


The bully could also face disciplinary action like detention, suspension or expulsion by the School Governing Body.

“If a school fails to take appropriate measures to prevent bullying or respond effectively to reported incidents, it can be held liable for any harm that results”.  www.familylaws.co.za

A victim might be inhibited not to report bullying because the bully threatens him/her with consequences.  However, if a trusting domestic and educational environment is maintained, the child will have confidence to report bullying.


Draw the Line - Say No to Bullying

Children are encouraged to speak out, report the bullying incidents accurately to a trusted person, parents/guardians/teachers and schools have the responsibility to investigate bullying incidents quickly and efficiently.

The benefit of reporting bullying is that the bully will be identified, the abuse interrupted, and an action plan constructed to address all aspects of the abuse holistically.  Not speaking out, the victim can become helpless or even isolated, burdened by shame and guilt, as if it is his/her fault.


Can bullies be rehabilitated?

To break the habit of abuse, the restraint of the Law can curb offenders’ continuous attack on victims and offer several restorative remedies like the participation of the perpetrator in diversion programs, regular counselling and therapy and the arranging of family interventions. However, stricter legislation targeting bullying and its far reaching consequences, is still necessary.


The trauma of bullying accumulates over time and the impact can be devastating for both the victim and his/her immediate family because of the onset of anxiety and depression and even suicide, hence the responsibility of the victim and his/her legal guardians to act with confidence and get legal representation.


Are you a victim of bullying?  Contact Unchain Our Children National Crisis Centre:  067 323 7116

Invite Unchain Our Children Professional Team to speak on Bullying:  Call Wayne 072 364 8246

Discover Legal Aid South Africa:  Visit their Website:  https://legal-aid.co.za/

Contact Legal Aid South Africa: Call 0800 110 110 (Monday to Friday 7AM - 7PM)


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