Legal recourse and harassment orders for a safer school environment
YOLANDA AKRAM
As our children have returned to school, it's vital that parents, educators, and pupils are aware of the legal remedies available to stop bullying and ensure a safe, supportive learning environment.
The impact of school bullying
Bullying in schools can have far-reaching consequences on pupils, affecting their mental health, self-esteem, and academic performance.
According to recent studies, children who experience bullying are more likely to suffer from anxiety, depression, and even develop physical health problems. It also severely impacts their social skills and can leave lasting emotional scars.
However, legal recourse is available to those affected by bullying, offering a way to put an end to the harassment and restore the safety and dignity of the victim. One powerful tool that can be used to protect students is the harassment order.
What is a harassment order?
A harassment order is a legal document issued by the court to protect an individual from any further harassment, including bullying. Under South African law, harassment is defined as any repeated, intentional behaviour that causes distress or harm to another person.
Bullying, by its very nature, often involves these elements and can qualify as harassment. A harassment order mandates that the bully refrain from further acts of bullying, intimidation, or harassment towards the victim. It can also impose specific conditions such as prohibiting physical contact, threats, or any form of communication with the victim.
The process of obtaining a harassment order
If you are dealing with a bullying situation and wish to take legal action, the first step is to approach your local court. The process involves:
1. Filing a complaint: The victim or their legal representative must file an affidavit with the court detailing the bullying incidents and the harm caused. The affidavit should include evidence such as witness statements, reports from school authorities, photographs of injuries (if applicable), or any digital communications (such as threatening messages) that show a pattern of bullying.
2. Application for a harassment order: Once the complaint is filed, the court will review the affidavit and, if satisfied that there is a reasonable cause for concern, issue an interim harassment order. This order is temporary and is typically granted without a hearing. It prevents the bully from continuing their harmful behaviour until a full hearing can be conducted.
3. Full hearing: A hearing will be scheduled where both the victim and the alleged bully can present their cases. At this stage, the bully may contest the order, and both sides will provide evidence and witnesses. The victim must prove that the bullying or harassment is repetitive and intentional.
4. Final harassment order: If the court is satisfied that the bullying has occurred and is likely to continue, the judge may issue a final harassment order. This order may include strict conditions, such as no contact with the victim, regular reporting to the police, or even community service.
Effects of a harassment order
The harassment order serves as a powerful tool to ensure that the bully is held accountable and ceases their harmful behaviour. The immediate effects of the order include:
● No contact: the bully is legally prohibited from contacting the victim in any form—whether through phone calls, texts, emails, or even in person.
● Legal ramifications: a violation of the harassment order is a criminal offence. If the bully fails to comply with the order, they may face criminal charges and be arrested, leading to further legal consequences.
● Increased safety: the primary effect of a harassment order is the protection it provides for the victim. It ensures that the victim can return to school or other public places without the constant fear of being harassed or bullied.
● School and parental involvement: the bullying student’s parents and the school must adhere to the order. The school may be required to take additional steps to ensure that the bullying does not continue, such as monitoring the bully's behaviour, re-educating the student on appropriate behaviour, and taking action against them in accordance with school policies.
The ramifications for the bully
While the victim of bullying benefits from protection and safety, the bully also faces serious consequences if a harassment order is granted:
● Disciplinary action: in addition to the legal ramifications, the bully may face disciplinary action at school, such as suspension, expulsion, or other measures depending on the severity of the bullying.
● Criminal charges: if the bully violates the harassment order, they can be arrested and charged with a criminal offence, leading to a potential criminal record.
● Reputation damage: being the subject of a harassment order can have long-term consequences on the bully’s reputation, both within the school and the wider community. This may affect their future prospects and relationships.
School bullying is an issue that affects far too many pupils across South Africa, but it’s important to know that there are legal avenues to stop it. Harassment orders can be an effective way to protect victims, hold bullies accountable, and restore peace and safety to school environments.
During School Safety Awareness Month, let us commit to standing up against bullying and ensuring that our children can learn and grow in a safe and supportive environment.
Yolanda Akram is a Durban-based attorney who specialises in family law and immigration law. She is passionate about linking, improving and increasing support to women and children who are victims of human rights violations. For more information, email yolandaakraminc@gmail.com
** The views expressed do not necessarily reflect the views of IOL or Independent Media.