Combating bullying in schools : a South African legal perspective

Abstract

This study holistically examines the status quo of learner-on-learner bullying in South African schools. An exposition is given pertaining to inter alia constitutional law, common law, statutory provisions and case law. Since bullying is a global problem, a legal comparative study is necessary in order to place the phenomenon of bullying into context. Concepts such as bystander behaviour, bullycide and restorative justice feature prominently in this dissertation. Important findings include the necessity of drafting of anti-bullying legislation as well as the inception of bullycide as a statutory crime. Furthermore, restorative justice processes are critically important to not only rehabilitate and reintegrate the bully, but also to vindicate the victim in a way that protects and promotes the rights of all parties involved. Recommendations are made with regard to the importance of a national anti-bullying policy to be implemented in conjunction with existing codes of conduct.