THE CENTRE FOR CHILD LAW CONDEMNS THE INCIDENT OF BULLYING AT MILNERTON HIGH SCHOOL

by CCL Team | 23  OCTOBER 2025 | Media Statements

FOR IMMEDIATE RELEASE

The contents of a very disturbing video have been circulating on various social media platforms and have caught the attention of traditional media, rightfully so. This media statement is not a regurgitation of the issue but rather amplifies the call against bullying in our schools, the need for accuracy in relation to applicable laws. Violence against learners, particularly learner-on-learner violence, has no place in our society. South Africa’s legislative framework provides guidance on the issue of bullying. According to section 1(c) of the Children’s Act 38 of 2005, bullying constitutes abuse.

Whilst the South African Schools Act 84 of 1996 is silent on bullying, it nevertheless prohibits conduct or practices that subject a learner to violence and humiliation that endangers the mental or physical health and safety of that learner. Section 12(1) of the Constitution further protects everyone, including learners, against violence, cruelty, and degrading treatment.

Bullying results in a gross violation of human rights, and in the context of children, it further encroaches on their best interests. On the other hand, bullying is actually a punishable criminal offence, in the form of assault or common assault. What transpired at Milnerton High School was not only bullying and humiliation but also amounted to assault. According to the Child Justice Act 75 of 2008, the disturbing of the contents of the video in question may fall under Schedule 1 or 2 offence; Schedule 1 is common assault, thus meaning that no grievous bodily harm has been inflicted, and Schedule 2 is assault, involving the infliction of grievous bodily harm.

The Centre for Child Law (CCL) notes the contents of an article published on EWN on 22 October 2025, wherein the parents of the child victim are advised to pursue criminal proceedings against the alleged perpetrators.^[1] Whilst we concur with the contents thereof, we wish to clarify the statement that legal proceedings under the Child Justice Act 75 of 2005 vary depending on the age of the child, particularly the following:

• “Under 10: counselling, therapy, and family support are prioritised.
• Ages 10–14: rehabilitation programmes may be implemented, but prosecution and arrest are possible in serious cases.

• Ages 14–18: offenders are presumed capable of criminal responsibility, and the focus shifts toward restorative justice, though prosecution remains an option.”

The above suggests that the age of criminal capacity is 10 years old, and this is not accurate. The Child

Justice Act 75 of 2008 (“Child Justice Act”) makes provision for three age groups in relation to criminal capacity:^[2]

• A child under the age of 12 years: This child does not have criminal capacity, may not be arrested, and thus cannot be prosecuted. This means that the child does not understand the difference between right and wrong and cannot act accordingly. A child falling into this category will be dealt with extra-judicially.
• A child who is 12 years or older but younger than 14 years: This child is presumed to lack criminal capacity, unless the State can prove that the child has criminal capacity. This means that the state must prove that the child understands the difference between right and wrong and can act accordingly.
• A child between 14 years and 17 years: this child is presumed to have criminal capacity and can be prosecuted. This means the child understands the difference between right and wrong and can act accordingly.
• It is therefore important to remind the community and the media of the need to protect the identity of child victims and the reasons why this is crucial.

A further concern is the circulation of videos showing the victims of bullying.  The Criminal Procedure Act 51 of 1997 provides for the protection of child victims and witnesses of sexual violence. Section 154(3) expressly provides anonymity protections for child victims or witnesses in criminal proceedings, which prevents the publication of any information that discloses the identity of children falling into these classes. Publication is not limited to the printed press and includes the use of social media and other electronic platforms; it, moreover, applies to any person and not only media houses and/or journalists.

While it is important to speak out and get attention on incidents such as the one at Milnerton High School, children who are victims should not be forced to carry the public stigma and shame of victimhood throughout their lives. Nor should they be required to have their private concerns and matters rendered generally accessible to the public.  The Constitutional Court pointed out that the rights of children to dignity and privacy are inherently intertwined, as each child has their own “individual dignity, special needs and interests” and to not have control over how some of the most traumatic and intimate moments of a child’s life are shared with the public strikes at the very core of the child’s dignity.

It is also important to educate the community that while they may not see any other outlets to obtain justice but through the media, particularly social media, they should not forget that these platforms can also be harmful. While we are all justified in our outrage and should continue to call for justice for the children affected by the bullying, how we do this also matters.

The CCL, as a child rights organisation, is equally concerned about the increased rates of all forms of bullying amongst children.  We call on the school and the relevant authorities to take urgent steps to address the matter in a manner that does not re-victimise the children.  Lastly, we call for increased educational and preventive measures to curb the scourge of bullying in our communities and particularly in schools.

Ends

For more information and media queries, please contact:

[1] https://www.ewn.co.za/2025/10/22/parents-advised-to-lay-criminal-charges-if-kids-are-bullied-at-school-family-law-attorney?fbclid=IwdGRzaANmAelleHRuA2FlbQIxMQABHsrIPyms1MmY0zztBcHuZ3QLth03G2pWOTTZe6MlHPeQM6I-k_LghoVvEK3X_aem_7YFJ6BbC-PJuXKOwbdZiGQ&sfnsn=scwspmo

[2]          https://centreforchildlaw.co.za/wordpress21/wp-content/uploads/2023/10/Child-Justice-Booklet.pdf.