Teachers claim broad definition of corporal punishment is making discipline in their classrooms impossible.
- The BELA Act’s definition of corporal punishment expands beyond physical harm, classifying actions such as denying learners bathroom access as a form of corporal punishment.
- Many say the act is impractical because learners exploit it and alternative measures are ineffective.
- Vague wording in the act exposes teachers to possible prosecution for minor actions.
A new trend on TikTok has seen teachers demonstrating how they are applying the Basic Education Laws Amendment (BELA) Act by allowing learners to go to the toilet one after the other. This comes after the act classified denying learners’ access to the bathroom as a form of corporal punishment.
While the act intends to strengthen the protection of learners, many teachers believe the clause on corporal punishment has gone too far. They argue that almost any attempt at discipline can now be seen as unlawful, leaving them without effective tools to manage their classrooms.
“I can attest that educators have the perception that the act implies that they must let learners do as they wish, [and] an attempt to discourage bad behaviour will be considered as an infringement of learners’ rights,” said Phumlani Majola, a teacher at Unity Secondary School, a public school in the East Rand.
Student teachers echo this frustration, saying the clause has made it even harder to earn respect. “Learners know we can’t discipline them, and it leaves us feeling powerless,” said Lwandile Ntsebesha, a final year Bachelor of Education student at Wits University.
Some academics are also questioning its practicality. Dr More Chakane, an education leadership and policy studies lecturer at Wits University, said the act’s definition of corporal punishment is “overreaching” and does not reflect the realities of South African classrooms.
“At best, it protects ill-disciplined learners’ rights at the expense of well-mannered and disciplined learners,” Chakane said. He said research shows alternative discipline methods promoted by the Department of Basic Education are ineffective, time-consuming, and not taken seriously by learners.
Chakane also criticised the legal framing and language. “There is a failure to indicate the level of corporal punishment – excessive or normal or modest in the legal definition of corporal punishment,” he added, calling for an amendment of the definition to curb unnecessary prosecution.
Teachers on the ground say the situation is worsened by overcrowded classrooms, lack of parental involvement, and substance abuse among learners. “Learners come to school under the influence of alcohol and drugs … [and] parents don’t attend parental meetings and disciplinary hearings,” said Majola.
“If they [parents] do attend meetings, they too are frustrated by their children. They directly request you as an educator to use harsher measures to improve learner behaviour,” Majola added.
While the BELA Act is intended to safeguard learners’ rights, teachers are calling for more training, support, and amendments that take the realities of South African classrooms into account.
FEATURED IMAGE: A classroom in a South African public school. Photo: Nthabiseng Baloyi
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