Staff Reporter
The South African Council for Educators (SACE) has presented its case before the Supreme Court of Appeal in Bloemfontein, arguing that it was justified in imposing sanctions against two teachers found guilty of common assault for administering corporal punishment.
SACE’s representative, Matthews Mojapelo, has firmly stated that the council had acted within the boundaries of the law, leaving no room for doubt.
Mojapelo rejected the arguments put forth by Section 27, an advocacy organization, which claimed that the teachers had received lenient sanctions and should face fresh hearings.
According to Mojapelo, the teachers had already undergone their prescribed punishment and, as per the law, cannot be subjected to double jeopardy.
“As it is, it is our submission that they have served their sentence. For the court to give them another hearing it is what in the criminal law is usually called an issue of double jeopardy, a person can not serve a sentence and go back to be tried again on the same issue,” he said.
The charges against the two teachers originated from an incident in which they administered corporal punishment to two primary school learners.
SACE found them guilty of common assault and imposed a fine of R15,000 on each teacher, with the fines being suspended.
Moreover, their names were struck off the educator’s roll, also with a suspension period of 10 years.
The Supreme Court of Appeal has reserved judgment on the matter.
