· SASA ACT 84 OF 1996
· SOUTH AFRICAN CONSTITUTION
· CIRCULAR 13 OF 2002
REGULATIONS ON SAFETY MEASURES AT PUBLIC SCHOOLS(October 2001)
· GENERAL NOTICE 2591 OF 2001
TO ESTABLISH A DISCIPLINED, SAFE AND PURPOSEFUL SCHOOL ENVIRONMENT, DEDICATED TO THE IMPROVEMENT AND MAINTENANCE OF THE QUALITY OF THE LEARNING PROCESS.
2. RIGHTS AND RESPONSIBILITIES
For quality learning to take place, certain rights and responsibilities need to be recognised, including the right to:
v Personal safety and security of property
v A clean and functional environment
v Fair treatment
v Listen and be heard
With every right there is a matching responsibility. To protect the rights of individuals, it is the responsibility of each learner not only to refrain from infringing such rights but to prevent others from doing so.
In order to maintain a discipline and effective learning environment, learners are expected to be mature and responsible.
Learners can make a positive contribution by being honest. diligent, friendly, punctual, neat and courteous. They must behave in a manner which is respectful to all cultures and to the rights of all. In addition, it is the duty of all learners to protect the rights of others.
This Code applies while a learner is in school uniform, participating in an activity sanctioned by the School or when he/she is in any public place where he/she is likely – by reason of any utterance or conduct on his/her part- to be identified by the public as a learner of the Madiba Comprehensive High School.
5. SCHOOL RULES
5.1. Learners will not use foul, racist, sexist or blasphemous language on the school premises nor in public, if he/she is likely – by reason of utterance of conduct on his/her part – to be identified by the public as a learner of
5.2. A learner will not threaten, harass, abuse or endanger the life of any person by any means whatsoever, nor will a learner bring any weapon onto school property or to any school function outside of the school property.
5.3. Learners will attend school for the whole of the prescribed school hours. In the case of absence a learner will, on returning to school, furnish the Principal(or his delegate) with a written note, signed by his/her parent or guardian, explaining the reason for his/her absence. A medical certificate is required to be furnished for any absence during examinations.
5.4. A learner will not be absent from a class or leave the school premises during school hours without the permission of the Principal or his delegate.
5.5. A learner will not smoke, use drugs and take intoxicating liquor on the school premises, nor will he/she do so in any public place if he/she is likely-by reason of any utterance or conduct on his/her part-to be identified by the public as a learner of
5.6. Learners are expected at all times to behave in a courteous and considerate manner towards each other, the RCL, all members of staff and visitors to the school. All instructions given by members of staff and RCL must be carried out promptly and willingly
5.7. School property, or anything at the school which is the property of anyone other than the learner in question, will not be negligently or wilfully damaged, defaced or soiled, nor may such property be borrowed without permissions
5.8. Learners will at all times as required by the Principal wear the full official school uniform as specified by the SGB
5.9. No notice, banner or communication may be displayed on the premises without the permission of the Principal or an authorised representative
5.10. All regulations made or issued by the Principal or duly appointed nominees, acting within the ambit of his capacity and function as such, will promptly be obeyed, observed and/or carried out at all times.
5.11. No learner has the right at any time to behave in a manner which disrupts the learning of other learners, or which causes another learner physical or emotional harm.
Failure to abide by the School rules and regulations and infringing the rights of others constitutes misconduct.
7.PENALTIES FOR MISCONDUCT
Penalties for misconduct range from verbal warnings and extra work to suspension and suspension pending a decision on expulsion. All punishment must be seen to be fair, reasonable and consistent Misconduct can be categorised as follows:
7.1. Minor misdemeanours - may incur order marks and confiscation. Examples are uniform faults such as shirts hanging out and wearing jewellery or non-uniform items. More than three order marks in a week may result in detention.
7.2. Serious Misconduct that may lead to suspension (Schedule 1 Offences)may lead to detention up to one hour per day, afternoon. Loss of privileges, being debarred from standing for the RCL, letter to parents, interviews with parents, counselling etc. Examples of serious offences are not doing homework, disobedience such as repeated misdemeanours, insolence, abusive behaviour, and absence from school without permission.
7.3. Very serious offences that may lead to expulsion ( Schedule 2 offences) may lead to community service, corrective action as envisaged under the Drug Policy, suspension, or suspension with a view to expulsion. Criminal activities may be reported to the SAPS.
8.SERIOUS MISCONDUCT THAT MAY LEAD TO SUSPENSION
A learner will be guilty of serious misconduct if he or she, intentionally and without just excuse-
(a) Serious threatens, disrupts of frustrates teaching or learning in a class;
(b) Engages in a conspiracy to disrupt the proper functioning of the school through collective action;
(c) Insults the dignity of or defames any learner or any other person, which includes racist remarks;
(d) Distributes, or is in the possession of any test or examination material that may enable another person to gain an unfair advantage in a test or examination
(e) Cheats in a test or examination or any other form of assessment such as assignments;
(f) Engages in any act of public indecency
(g) Sexually harasses another person;
(h) Is found in possession of or distributes pornographic material; or
(i) Is under the influence or in the possession of alcohol.
9.SERIOUS MISCONDUCT THAT MAY LEAD TO EXPULSION
A learner will be guilty of serious misconduct if he or she-
(a) Is found guilty of misconduct as contemplated in Schedule 1 after having been found guilty of the same or similar misconduct on two previous occasions;
(b) Fails to comply with a punishment of suspension as a correctional measure; or Intentionally and without a just excuse
(c) Forges any document or signature to the potential or actual prejudice of the school
(d) Trades in any test or examination question paper or in any test or examination material
(e) Attempts to bribe or bribes any person in respect of any test or examination to enable himself or herself or another person to gain an unfair advantage therein; engages in Fraud
(f) Engages in gambling and other related activities
(g) Engages in theft, or otherwise acts dishonestly to the prejudice of another person
(h) Is in possession, of, consumes or deals in any illegal substance or other harmful substance
(i) Is in possession of, uses or transmits narcotic or unauthorised drugs or on visible evidence of such possession, use or transmission
(j) Is in possession of any dangerous weapon
(k) Assaults or threatens to assaults another person
(l) Holds any person hostage
(m) Murders any person
(n) Rapes any person, or engages in any sexual activity which amounts to an offence in law; or Maliciously damages property
10.INSTITUTION OF DISCIPLINARY PROCEEDINGS
1. Only the principal may institute disciplinary action against a learner in respect of serious misconduct
2. The principal may institute disciplinary action against a learner in respect of serious misconduct only if
a) There is sufficient evidence to institute such proceedings, and
b) The principal considers it to be in the best interest of the school and its community that such disciplinary action should be instituted.
3. No learner may be expelled from school unless-
a) The learner is found guilty of serious misconduct
b) The SGB recommends to the HOD that the learner be expelled
11.COMPOSITION OF THE DISCIPLINARY COMMITTEE
a) Upon notification by the principal that disciplinary action is instituted against a learner, the SGB will appoint a 3 member adhoc disciplinary committee
b) Members of the Disciplinary Committee may be members of the SGB or any persons elected by the SGB
c) The chairperson shall be a parent
d) The principal is not eligible to be a member of the D.C
e) All members of the DC must not have prior knowledge of the pending disciplinary hearing
f) An executive member of the RCL may attend as an observer
12.PROCEDURE FOR HEARING OF SERIOUS MISCONDUCT
a) A learner charged with serious misconduct will be given 5days written notice of the hearing
b) The notice will include the place and time of the hearing
c) The nature of the alleged misconduct will be clearly stated
d) The learner will be informed about his attendance status (suspension if instituted)
e) A copy of the alleged misconduct, place and time will also be given to the parent or guardian
f) The parent may represent the learner at the hearing
g) The prosecutor will commence the hearing by reading out the charges
h) The chairperson will allow the learner to plead.
i) The committee shall decide on the verdict and sanction after all evidence has been provided if the learner is found guilty.
j) The department shall be informed about the matter through the office of the IDSO
k) The learner shall have the right to appeal any sanction with the HOD and or MEC
Thus signed at Madiba on the 25 day of April 2009.
Mr Rampaku P.L
Mr Meje R
Ms Mangope N.R
Ms E Froneman
Expected time of arrival
Responsibility of Stake holders
Search and seizures
School register of misconduct