BizBuzz April 2024 | Page 39

RECENT MONTHS HAVE SEEN A NUMBER OF NEWS REPORTS CONTAINING ALLEGATIONS OF SEXUAL ABUSE AND GROOMING AT SOME SCHOOLS . ADDITIONALLY , THERE HAVE ALSO BEEN SEVERAL REPORTS ABOUT THE BOGUS QUALIFICATIONS OF PROMINENT FIGURES . BOTH ISSUES HIGHLIGHT THE IMPORTANCE OF SCREENING EMPLOYEES THOROUGHLY TO ENSURE THAT STATUTORY REQUIREMENTS ARE MET AND THAT THEY HAVE THE REQUIRED QUALIFICATIONS FOR THE POSITION THEY ARE APPLYING FOR . SCREENING SCHOOL EMPLOYEES IS PARTICULARLY IMPORTANT GIVEN THAT THESE INDIVIDUALS WILL BE COMING IN CLOSE CONTACT WITH VULNERABLE INDIVIDUALS . CRIME STATISTICS REVEAL THAT SOUTH AFRICAN SCHOOLS ARE NO LONGER THE SAFE HAVENS THEY ARE INTENDED TO BE . ACCORDING TO THE MOST RECENT CRIME STATISTICS RELEASED BY THE SOUTH AFRICAN POLICE SERVICE ( SAPS ), IN THE THIRD QUARTER OF 2023 , THERE WERE 34 MURDERS AND 290 RAPES COMMITTED ON THE PREMISES OF EDUCATIONAL INSTITUTIONS . BETWEEN OCTOBER AND DECEMBER 2023 , THERE WERE 24 ATTEMPTED MURDERS AND 252 CASES OF ASSAULT / GRIEVOUS BODILY HARM ON THE PREMISES OF SCHOOLS , UNIVERSITIES , COLLEGES , DAYCARE , AND AFTERCARE FACILITIES .
TPN ’ S DATA REVEALS THAT MORE THAN 3.3 % OF SCHOOL EMPLOYEES , INCLUDING TEACHERS , SPORTS COACHES , ADMINISTRATORS , AND GROUNDS STAFF HAVE A CRIMINAL RECORD FOR OFFENSES RANGING FROM CONVICTIONS FOR MURDER , RAPE , ABDUCTION , THEFT , ROBBERY , FRAUD , ASSAULT , DRUGS , HOUSEBREAKING , AND SERIOUS ROAD INFRINGEMENTS . MORE THAN HALF DO NOT DECLARE THESE CONVICTIONS .
THE SOUTH AFRICAN COUNCIL OF EDUCATORS ( SACE ) HAS ONLY REQUIRED REGISTRANTS TO SUBMIT A POLICE CLEARANCE CERTIFICATE FROM JANUARY 2019 . SACE ’ S ABOVEMENTIONED REQUIREMENT IS ALSO APPLICABLE TO REGISTRANTS WHO ARE APPLYING FOR UPDATES AND / OR RENEWALS BUT NOT TO FULLY REGISTERED MEMBERS . THOSE EMPLOYED BEFORE 2019 AND WHO DID NOT DECLARE A CRIMINAL CONVICTION WERE ABLE TO SLIP THROUGH THE CRACKS . THIS IS WHY IT ’ S A GOOD IDEA TO SCREEN NOT ONLY PROSPECTIVE EMPLOYEES BUT ALSO ANY EMPLOYEE WHO WAS EMPLOYED BEFORE 2019 OR HAS NOT PREVIOUSLY BEEN SCREENED .
THE MOST IMPORTANT AREAS THAT SCHOOL EMPLOYEES NEED TO BE SCREENED AGAINST ARE THE NATIONAL CHILD PROTECTION REGISTER , THE NATIONAL REGISTER FOR SEX OFFENDERS , AND IN TERMS OF THEIR QUALIFICATIONS . THE CHILDREN ’ S ACT AND THE CRIMINAL LAW ( SEXUAL OFFENCES AND RELATED MATTERS ) AMENDMENT ACT BOTH MAKE IT A STATUTORY OBLIGATION FOR EMPLOYERS WHO OFFER SERVICES THAT ALLOW ACCESS TO CHILDREN OR MENTALLY DISABLED PERSONS TO VERIFY WHETHER AN EMPLOYEE ’ S NAME APPEARS ON PART B OF THE NATIONAL CHILD PROTECTION REGISTER OR IN THE NATIONAL REGISTER FOR SEX OFFENDERS . THIS INCLUDES SCHOOLS , CRECHES , AND CARE CENTERS , AMONGST OTHERS . IF AN EMPLOYEE ’ S NAME DOES APPEAR IN EITHER REGISTER , THEY ARE NOT ALLOWED TO WORK IN AN ENVIRONMENT THAT ALLOWS ACCESS TO CHILDREN OR MENTALLY DISABLED PERSONS .
SCHOOL PRINCIPALS WHO DON ’ T CONDUCT THESE CHECKS AND EMPLOY STAFF WITH A CRIMINAL RECORD CAN BE HELD CRIMINALLY AND CIVILLY LIABLE FOR FAILING IN THEIR DUTY OF CARE TO CHILDREN OR VULNERABLE PEOPLE . IT COULD ALSO BE ARGUED THAT ANY DAMAGE TO A SCHOOL ’ S ( OR ANY ORGANISATION CARING FOR CHILDREN ) REPUTATION MAY HAVE A LONG-TERM IMPACT .