When bullying goes unchecked, accountability shifts to the law

When bullying goes unchecked, accountability shifts to the law Schools across South Africa are facing mounting pressure as reports of bullying continue to rise, prompting legal experts to warn that institutions and provincial education departments could soon face costly civil claims. According to data compiled by provincial education departments, the number of reported bullying incidents increased significantly in 2025. In Gauteng alone, 1,079 cases were documented, while the Western Cape saw 149 instances, a 28% jump from the previous year. The Eastern Cape reported over 3,400 learners impacted by bullying during the year. These numbers reflect a growing concern within educational systems, particularly as students return to school each term. A surge in online searches for “school bullying” further underscores public anxiety. A new analysis by Teneo Online School revealed that search interest for the term spiked by 202% in the week schools reopened for the third term on 21 July. This trend followed a period of relative stability during the winter holidays, with search activity rising sharply again as learners resumed their routines, peaking at around 1,000 searches per month. Legal specialists are emphasizing that schools bear a heightened responsibility in addressing bullying. Kirstie Haslam, a partner and personal injury specialist at DSC Attorneys, noted that the law does not require schools to prevent all forms of bullying, but rather to respond appropriately when they become aware, or should reasonably be aware, that a child is at risk. She highlighted that the key legal issue revolves around whether warning signs were acknowledged and addressed in a timely manner. Haslam explained that while bullying-related lawsuits remain less common than in other areas such as medical negligence or traffic accidents, there is a noticeable shift in parental awareness regarding the legal duties schools owe to students. Parents are increasingly turning to legal counsel not necessarily with the intent to file a lawsuit, but to better understand the obligations schools must uphold when bullying persists or when warnings go unheeded. The legal landscape has evolved as South African courts have consistently reinforced the duty of care schools owe to learners. Haslam cited several landmark cases, including Mageni v Minister of Education of the Western Cape Education Department, where the education department was held accountable after a student suffered serious injuries from another pupil’s violent behavior. Another case, MEC for Education v Rabie, affirmed the necessity for schools to maintain proper supervision of students. In M.M v MEC for Education, Mpumalanga Province, education authorities admitted to negligence following a fatal stabbing at a school. Haslam also warned that bullying can lead to both criminal and civil consequences depending on its nature. Acts such as assault, sexual assault, intimidation, destruction of property, or the sharing of explicit content can result in criminal charges. Additionally, civil claims may emerge if a student sustains physical or emotional harm and it is proven that the school or education department failed to take reasonable measures to safeguard them, especially when the risk was foreseeable. In such cases, schools and education departments found liable could be required to cover a range of costs, including past and future medical bills, psychological therapy, rehabilitation, compensation for pain and suffering, and even loss of future earnings in severe situations. Haslam emphasized that these financial repercussions often serve as a powerful incentive for early intervention, underscoring the importance of proactive measures to address bullying before it escalates into legal action.