Abuse No More Protocol

of the Western Cape Education Department

Dealing Effectively with Child Abuse,
Deliberate Neglect and Sexual Offences against Children
 Message from the Western Cape Minister of Education,
Ms Debbie Schäfer

The Abuse No More document for dealing with child abuse was developed in 1999 by the WCED in co-
operation with other departments and non-governmental organisations to develop a guide for the

  
   
now Premier, Helen Zille. Since then various developments relating to the care and protection of children
culminated in the updating of existing and promulgation of new legislation such as the Children’s Act, 38

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resulted in amendments to WCED policies. For this reason the child abuse protocol document needed to be
amended to be in alignment with the relevant legislation and policy documents.

Child abuse, deliberate neglect and sexual offences against children are serious challenges that currently exist
in communities and educational institutions throughout South Africa. Because of their high prevalence this
protocol has been developed to help institutions, employees and learners of the Western Cape Education
+/%02+4  /%   
 

 5

Intervening effectively in the lives of children and their families that are victims of abuse is not the sole
responsibility of any single agency or professional group, but rather is a shared community concern.
Educators have a special role to play in dealing with this problem, along with doctors, nurses and social
workers. In fact, people in these professions are required by law to respond to signs of child abuse.

I particularly welcome the focus on minimising trauma to victims by ensuring that they do not have to repeat
the details of the traumatic incident, and ensuring that evidence is collected in the best possible way to
maximise the chances of successful convictions.

I wish to thank all WCED staff and other parties including government departments and NGO’s involved for
their hard work in drafting our new policy document.

Child protection is the moral responsibility of every WCED employee – indeed of every member of society.
The WCED therefore supports the policy and procedures in this document and encourages co-operation to
ensure the achievement of their objectives.

Debbie Schäfer, MPP

Minister of Education
# %6
 Content

Section 1: Background information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Section 1.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

!  7%/  / . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Section 1.3 Legislative Framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

! ; +   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Section 3: Management procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

! 6; $/     

% </% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Appendices
Diagrams

Diagram 1 Disclosure Process: Learner on Learner disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

+ % +  %7% ;2+/  >%%  % . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Diagram 3 Disclosure Process: Parent, Family Member or Community Member

offence on Learner disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Annexures

Annexure A: WCED District Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Annexure B: Database of support services in the area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Annexure C: Reporting form: (Form 22A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Annexure D: Offences relating to children and mentally disabled persons as contemplated

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Annexure E: Broad risk assessment framework to guide decision-making in provision of

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Annexure F:  + %/ % %

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Annexure G: Sanctions – Serious misconduct of educators employed by WCED regarding the

management of child abuse, deliberate neglect and sexual offences . . . . . . . . . . . . . . . . . . . . @

Annexure H: Guidelines to School Governing Bodies regarding the management of child abuse,
deliberate neglect and sexual offences.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (

Annexure I: Guidelines to School Management Teams and School Governing Bodies

regarding the management of the involvement of the public media. . . . . . . . . . . . . . . . . . . . . *

Annexure J: + % %;/ $ ?J   

 
deliberate neglect and sexual offences.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K

Annexure K: Q %K;RU %/ %  %/% ?//% 

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 Section 1

1.1 Introduction
Child abuse, deliberate neglect and sexual offences against children are serious problems that currently exist
in communities and educational institutions throughout South Africa. Because of their high prevalence, this
protocol has been developed to help institutions, employees and learners of the Western Cape Education
+/%02+4  /%   
 

 5
The reporting procedures contained in this protocol may be used by learners, educators, employees, parents,
caregivers or any other person. All WCED employees must therefore ensure that they are fully conversant
with the content of this protocol and that they have a clear understanding of their roles in combating child
abuse and sexual offences against children.
Effective management of these problems can be achieved only if procedures are based on a strong legal
foundation. Therefore, in drafting this protocol, all relevant legislation regarding children has been considered
and applied. The legislation highlights the responsibility of educators who may suspect or deal with
disclosures of child abuse and sexual offences against children, and the educators’ mandatory duty to report
such incidents in the prescribed manner.
This document also highlights the responsibility of the principal to implement, manage and sustain the
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interests of the child is maintained at all times.

1.2 Purpose and Scope

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(a) assist all learners who are victims or perpetrators of child abuse, deliberate neglect or any sexual
offences
(b) prescribe an approach for educators and employees of the Western Cape Education Department
to –
(i) identify;
(ii) intervene;
(iii) report; and
(iv) provide support
in cases of child abuse, deliberate neglect and to children who are victims of sexual offences.

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1.3 Legislative Framework

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Abuse No More Protocol of the Western Cape Education Department 1

 Section 2

2. DEFINITIONS
In this protocol, any word or expression to which a meaning has been assigned, bears the meaning assigned
to it and, unless the context otherwise indicates –

“alleged learner offender” means the learner against whom a complaint has been laid;

“child abuse”
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(b) sexually abusing a child or allowing a child to be sexually abused;
(c) bullying by another child;
(d) a labour practice that exploits a child; or
(e) exposing or subjecting a child to behaviour that may harm the child psychologically or
emotionally;

“commercial sexual exploitation” in relation to a child means

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acts of prostitution or pornography, irrespective of whether that reward is claimed by, payable to
or shared with the procurer, the child, the parent or care-giver of the child, or any other person;
or
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“corporal punishment”~& %   z /  %/   
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or hitting a child with a hand or with an object; denying or restricting a child’s use of the toilet; denying meals,
drink, heat and shelter, pushing or pulling a child by force, forcing the child to do exercise.”;

“deliberate neglect”
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Children’s Act, 2005 (Act 38
of 2005);

“designated social worker” means a social worker in the employment of –

(a) the Department of Social Development;
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(c) a municipality;

“educator” means any person, excluding a person who is appointed to exclusively perform extracurricular
duties, who teaches, educates or trains other persons or who provides professional educational services,
including professional therapy and education psychological services, at a school;

“employee” means
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(b) a member of a hostel staff;
(c) a member of an administrative staff;
(d) a support staff-member or contract worker, as well as any educator appointed under the
Employment of Educators Act, 1998 (Act 76 of 1998); or
(e) a member of support staff or a contract worker appointed under or the Public Service Act, 1994
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offender in the employ of the WCED;

2 Abuse No More Protocol of the Western Cape Education Department

“institution” means an ordinary public school, special public school or any other institution within the
jurisdiction of the WCED. “school” means a public school or an independent school which enrols learners from
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“learner” means any person receiving education or obliged to receive education in terms of the South African
Schools Act;

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another person or another learner (child);

“neglect” in relation to a child, means a failure in the exercise of parental responsibilities to provide for the
child’s basic physical, intellectual, emotional or social needs;

“parent” means –
(a) the parent or guardian of a learner;
(b) the person legally entitled to the custody of a learner, or
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subparagraphs (a) and (b) towards the learner’s education at school;

“principal” means an educator appointed or acting as head of a school;

“SAPS” means South African Police Services;

“school governing body” means a statutory body vested with the governance of a public school and it may
perform only such functions and obligations and exercise such rights as prescribed by the South African
Schools Act;

“school management team” means the management team of a school comprising the Principal, Deputy
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management of the school;

“school social worker” means a social worker in the employ of the WCED that is registered under Section 17
of the Social Service Professions, 1978 (Act 110 of 1978);

“sexual abuse”€ Children’s Act, 2005 (Act 38 of 2005)], in relation to a child, means –
(a) sexually molesting or assaulting a child or allowing a child to be sexually molested or assaulted;
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(c) using a child in or deliberately exposing a child to sexual activities or pornography; or
(d) procuring or allowing a child to be procured for commercial sexual exploitation or in any way
participating or assisting in the commercial sexual exploitation of a child.

“sexual offences” %/ 

  % /% 

(see Annexure D for a comprehensive description of these offences).

Abuse No More Protocol of the Western Cape Education Department 3

 Section 3

3. MANAGEMENT PROCEDURES
The best interest of the child (victim or offender) will be the overriding factor and this will govern how the
process is managed when a report of child abuse, deliberate neglect or sexual offence is made. South African
legislation places duty to report and failure to do so is a criminal offence.

3.1 Compulsory Reporting

3.1 (a) Section 54 of the Criminal Law (Sexual Offences and Related Matters) Amendment
Act, 2007 (Act 32 of 2007)

(i) In terms of this section every person has a duty to report;

“Knowledge that a sexual offence had been committed against a child”
or
“Knowledge, reasonable belief or suspicion that a sexual offence had been committed
against a person who is mentally disabled”;
(ii) The report must be immediate; and
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imprisonment.
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suspicion of a sexual offence committed on a mentally disabled person”), that person shall
not be liable for any civil or criminal proceedings as a result of such a report.
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anyone away who reports a sexual offence committed on a child or a person who is mentally
disabled.

(b) Section 110 (1) of the Children’s Act, 2005 (Act 38 of 2005) (as amended)

(i) In terms of this section certain professionals e.g. “Teacher”, has a duty to report
(See Annexure F for a full list);
(ii) They must on reasonable grounds conclude that the child has been abused in a manner
causing physical injury, sexual abuse or deliberate neglect;
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(iv) It must be reported to the “Provincial Department of Social Development or a Police
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4 Abuse No More Protocol of the Western Cape Education Department

 (c) Section 110 (2) of the Children’s Act, 2005 (Act 38 of 2005) (as amended)

(i) In terms of this subsection “Any person” who on ”reasonable grounds believes that a child is
in need of care and protection”; may report belief (not compulsory, has a discretion); to the
“Provincial Department of Social Development, a designated child protection organisation or
/  
 „
(ii) There is no penalty for this section because it is not compulsory to report.
(iii) Abuse in terms of the Children’s Act creates a discretion as to whom the abuse must
be reported to e.g. SAPS or a designated social worker, but not in relation to the actual
reporting of the offence.
(iv) In the case of a sexual offence, SAPS (FCS Unit) must be involved.

3.2 Disclosure
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(d) Ensure the safety of the child.

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designated social worker.

(f) Effective management of the process will ensure that the learner victim, alleged learner
offender and employee are protected from additional and unnecessary emotional trauma and
victimisation, as the case may be.

(g) During the disclosure process, the learner victim must under no circumstances be questioned to
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the report and to further report the matter to either SAPS or a designated social worker, as the
case may be.

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perpetrator is in order to decide which process to follow and adequately manage the disclosure
process.

(i) If a report is made to an educator and the educator reports it to a principal, then the principal
should not question the learner again but should rather immediately assist in involving the
relevant role-players.

(j) The management of the disclosure process is immediate and there should be no delays in
involving the relevant role-players, e.g. SAPS and DSD should be contacted on the same day that
the disclosure is made.

Abuse No More Protocol of the Western Cape Education Department 5

 + %;+R!>#!‡$7$#!!ˆ
Learner on Learner disclosure

Learner Victim Reports

Child Educator / Principal

School Social Worker

Educator / Principal (not responsible for
reporting)

Alleged
Learner
SAPS / FCS learner
Victim and
Designated Social Worker offender and
Parent
Parent

 Emotional support
SGB disciplinary
 Guidance to parents
process in terms of
 Referral for
code of conduct
additional support

 Emotional support
 Guidance to parents
 Referral for
additional support

6 Abuse No More Protocol of the Western Cape Education Department

3.3 Learner on Learner Disclosure
(a) Disclosure can be made by a learner victim to either another child (learner) [who would in turn
disclose to an educator] or the learner victim can disclose directly to an educator.
(b) The learner victim must not be cross examined. Only obtain information relevant for reporting
purposes.
(c) Explain the procedure that will follow and the different roles and responsibilities of each
stakeholder and why they are relevant to the process.
(d) As soon as the disclosure has been made, notify the following role-players immediately:
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sexual offence;
(ii) a designated social worker in the case of abuse other than a sexual offence;
(iii) the school social worker in the area; and
(iv) the parents of both the learner victim as well as the alleged learner offender.
(e) A child offender (learner) who physically abuses another learner should be reported in the
prescribed manner to a designated social worker or the police when the physical abuse
constitutes behaviour such as:
(i) using a dangerous object against another learner or staff member;
(ii) committing an act of assault;
(iii) threatening or endangering the safety of fellow learners or educators; and
(iv) repeatedly being found guilty of physically harming other learners.
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followed.
(g) The Learner Code of Conduct must make provision for the transgression.
(h) The school social worker must assist in managing and guiding the process to ensure that both
learners are supported during this period.
(i) Young alleged offenders need to be supported.
(j) Such support should be seen as an attempt to prevent the alleged offender from committing
further abuse.
(k) The alleged learner offender must be referred to relevant role-players for emotional support and
therapy.
(l) It is important to ensure that the social worker or SAPS become involved as soon as possible,
depending on the seriousness of the abuse.
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social worker where applicable.

3.4 Guidelines regarding the management of disciplinary measures against a learner being the
alleged perpetrator
(a) The Learner Code of Conduct must make provision for the transgression(s).
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Expulsion of Learners at Public Schools in the Western Cape (Provincial Gazette 6939, dated 11
+% }/
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of Conduct or other legislation.
(c) In a situation where the learner victim and the alleged learner offender are at the same school,
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(d) The disciplinary hearing should take place according to a prescribed procedure, in the
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(e) The individual’s right to a fair and reasonable hearing should be honoured.
(f) These principles should also apply to the way in which arguments are presented.
(g) In deciding the most appropriate sanction, take into consideration:
(i) The age and developmental phase of the learner;
(ii) Learner’s disciplinary record and willingness to change;
(iii) Learner’s regret and willingness to put the offence right; and
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offender.

Abuse No More Protocol of the Western Cape Education Department 7

 (h) Both the learner victim and the alleged learner offender have the right to legal representation
should they choose to have such representation.
(i) Always remember to act in the best interest of the child.

+ %;+R!>#!‡$7$#!!ˆ
WCED Employee on Learner disclosure

Learner Victim Reports

Child Educator / Principal

Educator / Principal

School Social Worker

(responsible for ensuring that matter
is reported)

School Governing
Body (SGB
SAPS / FCS
employee)
Designated
Parents Victim(s) School Management
Social
Team
Worker
Directorate Labour
Relations

8 Abuse No More Protocol of the Western Cape Education Department

3.5 Guidelines regarding the management of disciplinary measures against an employee
     


(a) Disclosure can be made by a learner victim to either another child (learner) [who would in turn
disclose to an educator] or the learner victim can disclose directly to an educator.
(b) The learner victim must not be cross examined. Only obtain information relevant for reporting
purposes.
(c) Explain the procedure that will follow and the different roles and responsibilities of each
stakeholder and why they are relevant to the process.
(d) As soon as the disclosure has been made, notify the following role-players immediately:
(i) The school social worker (to assist in the managing of the process);
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sexual offence;
(iii) A designated social worker or SAPS in the case of abuse other than a sexual offence;
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employee offender was employed by them; and
(v) The parents of the learner victim.
(e) If the disclosure has revealed that the Principal is the alleged employee offender, the educator
to whom the disclosure was made must inform the School Social Worker or the relevant Circuit
Team and forward all documents pertaining to the report, so that they can assist in managing the
process.
(f) The Principal or educator, to whom the disclosure was made, may not inform or confront the
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(g) The School Social Worker should also be informed to assist with getting the Directorate:
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reporting.
(h) Do not hold a meeting with the learner victim and alleged employee offender.
(i) The Principal must inform other staff members that there is a report, without disclosing the
 
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(j) If the alleged employee offender is an employee contracted in the service of the SGB, the said
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(k) Where the alleged employee offender is employed by the SGB, an SGB hearing will take place.
(l) Corporal punishment should also be seen as physical and emotional abuse and therefore should
be dealt with in terms of this policy.
(m) Both the alleged employee offender and the learner victim are entitled to representation.
(n) Make use of an intermediary to assist the learner victim in giving evidence during the SGB
hearing.
(o) Ensure separate seating arrangements to avoid contact between the learner victim and alleged
employee offender.
(p) Be aware of the learner victim’s developmental age with regard to: questioning, concentration,
the need for regular breaks, language, emotional status and time of interview or hearing.

3.6 Corporal punishment

(a) Corporal punishment is not allowed at any South African School and is as such expressly
prohibited.
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corporal punishment or subject a student to psychological or physical abuse at any educational
institution”.
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“(1) No person may administer corporal punishment at a school to a learner;
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to a sentence which could be imposed for assault”.

Abuse No More Protocol of the Western Cape Education Department 9

 + %';+R!>#!‡$7$#!!ˆ
Parent, Family Member or Community Member
on Learner disclosure

Learner Victim Reports

Child Educator / Principal

     
Educator / Principal
School Social Worker

SAPS / FCS
Victim and Parent
Designated Social Worker

 Emotional support
 Guidance to parents
 Referral for
additional support

10 Abuse No More Protocol of the Western Cape Education Department

3.7 Disclosure Process: Parent, Family Member or Community Member offence on Learner

(a) Disclosure can be made by a learner victim to either another child (learner) [who would in turn
disclose to an educator] or the learner victim can disclose directly to an educator.

(b) The learner victim must not be cross-examined. Only obtain information relevant for reporting
purposes.

(c) Explain the procedure that will follow and the different roles and responsibilities of each
stakeholder and why they are relevant to the process.

(d) If the disclosure reveals a parent as the alleged perpetrator it is advised not to contact the
other parent before the designated social worker or SAPS become involved, in order to prevent
intimidation of the learner victim.

(e) As soon as the disclosure has been made, notify the following role-players immediately:

(i) SAPS FCS Unit in the case of a sexual offence;

(ii) a designated social worker in the case of abuse other than a sexual offence; and
(iii) the school social worker in your area.

(f) It may be advisable for the learner victim to obtain a Protection Order as well, under certain
circumstances.

(g) This should be brought to the attention of the designated social worker so that the learner victim
can be assisted during this process.

(h) The school must assist in ensuring the safety of the learner victim by communicating with the
designated social worker or other child protection agency in order to have the learner victim
sent to a place of safety or a family member if it is deemed unsafe for the learner victim to return
home.

(i) The School (principal and educators) must provide continuous emotional support to the learner
victim and monitor the learner victim’s social, emotional and academic functioning.

(j) Provide regular feedback to the designated social worker.

(k) Arrange for additional academic support if necessary.

3.8 Role-players that can be contacted depending on the type of offence or the circumstances

04     %}% + % #

 //%  // 
to decide on the involvement of other relevant agencies, e.g.:

(i) The Department of Social Development

(ii) Social Welfare Service Providers in the community
(iii) The designated child protection organisation
(iv) The school psychologist
054 !&7! %%%/ %_  %   ?{%   
SAPS will in turn contact the FCS Unit in the case of a sexual offence
05 4 / $ / %

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(vii) The SGB where the alleged employee offenders are employed by this body
(viii) The learner victim’s parent(s) provided that they are not the alleged offenders
(ix) The Department of Health school nurse (if available), or (if applicable) the Medical
Practitioner at a health care facility
(x) Education for Learners with Special Education Needs (ELSEN) school nurse
(xi) The Thuthuzela Care Centre closest to the school

Abuse No More Protocol of the Western Cape Education Department 11

 Section 4

4. RESPONSIBILITIES OF THE RELEVANT ROLE-PLAYERS

a) Dealing effectively with child abuse demands a multi-disciplinary approach in order to provide for
the needs of the complainant (learner victim) holistically.

(b) The effective management of abuse therefore depends on collaboration, co-ordination and co-
operation between the various role-players and service providers during the intervention process,
and each institution should formulate a way to liaise effectively with all of them.

DSD

NPA DOJC

SAPS PARENTS

DER DoH

SCHOOL

4.1 South African Police Service

04 $ 5 5  / 

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relevant witnesses.
(c) Arrest the alleged offenders.
(d) Take learner victim for a medical examination where applicable.
04 }  %  6* %
%%% %6 %
%%% 

minor.

12 Abuse No More Protocol of the Western Cape Education Department

4.2 Medical Services

(a) Conduct forensic medical examination in the case of a sexual offence.

04 &  %%5]R^/%
(c) Collect forensic evidence to be used in a court case.
(d) Provide medication to protect the health of the learner victim.
04 $ %    < 0)**4  / 064
5 

4.3 Department of Justice and Constitutional Development

04 ^    %

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Children’s Court.
(b) Protect the child from abuse by way of Protection Orders (interdicts).
(c) Provide relevant courts to bring offender to trial.
(d) Subpoena witnesses to appear in court.
(e) Provide interpreters so that the proceedings can take place in the language of the learner victim
and the alleged offender.

4.4 Social Workers of the Department of Social Development and Designated Child Protection
Organisations

(a) Ensure the safety of the learner victim.

(b) Investigate the incident where compelled to do so and compile a report for the Children’s Court
or the Criminal Court.
04 7% 5   %% _ % %   % %%  <
governmental organisation.
(d) Assist by preparing the learner victim and parents, regarding court procedure.
04 $%% % 5%5  %%5    %%
 

4.5 National Prosecuting Authority

(a) Provide assistance through the Thuthuzela Care Centres (if one exists in the school’s jurisdiction).
(b) Prosecutors to prosecute the matter when it gets to court.
(c) Consult with the learner victim in preparation for trial.
04  %7%/% #
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%
court process.

4.6 Directorate: Employee Relations of the Western Cape Education Department

04 R5  / % %%5  ?

/% 5   %
maintained at all times.
(b) Suspend an alleged employee offender immediately, as a precautionary measure, where there is

 5    
(c) Serve charges on the employee.
(d) Proceed with a disciplinary inquiry in a manner which protects the interests and the special needs
of the learner victim (s) and other child witness(es).

4.7 School Governing Body (SGB)

(a) Assist with an investigation and hearing regarding the allegation(s) of abuse (sexual offences or
other abuses) by an employee.
(b) Convene a hearing as soon as possible and make a decision concerning the termination of the
employment contract of such an employee, depending on the outcome of the hearing.

Abuse No More Protocol of the Western Cape Education Department 13

 Western Cape Education Department
Annexure A
(WCED)

The Western Cape Education Department (WCED) is responsible for public schooling in the province, from
J%$ Q%% %  0Q4 Q 2+ /% 
  + %  ]#
 / 

Location Telephone Fax

2+]#
  6@(   6@( KK@

Metro Central Education District  6 @(  @K 66'

Metro East Education District  K (  K' K6*6

Metro North Education District  K'* '  K'* '*

Metro South Education District  '(   '( *@

Cape Winelands Education District ' '6* 6@ ' '6 6'*

Eden & Central Karoo Education District 66 *' *' 66 *(' '

Overberg Education District * 6 (' * 6 (6

West Coast Education District  *@   *@ '

WCED Call Centre: *@K''

2+;+ % %/ $  6@(*6@

WCED Safe Schools Call Centre *66@6(

14 Abuse No More Protocol of the Western Cape Education Department

 Database of Support Services
Annexure B
within the area

DISTRICT OFFICE SUPPORT (CIRCUIT TEAM)

  Name    Cellphone No.

School social
worker

Psychologist

IMG Manager

Circuit Team
Manager

COMMUNITY RESOURCES
Organisation or Contact Person    Cellphone No.
Department

SAPS

Dept. of Social
Development

Welfare
Organisation
(e.g. Child Welfare,
Badisa, etc.)

FCS

NGO

Day Hospital /
Health Clinic

Abuse No More Protocol of the Western Cape Education Department 15

 Annexure C
FORM 22A
REPORTING OF ABUSE OR DELIBERATE NEGLECT OF CHILD
(Regulation 33)
[SECTION 110 OF THE CHILDREN’S ACT 38 OF 2005]

REPORTING OF ABUSE TO PROVINCIAL DEPARTMENT OF SOCIAL DEVELOPMENT,

DESIGNATED CHILD PROTECTION ORGANISATION OR POLICE OFFICIAL

NOTE: A SEPARATE FORM MUST BE COMPLETED FOR EACH CHILD

TO: The Head of the Department

-------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------

Pursuant to section 110 of the Children’s Act, 2005, and for purposes of section 114(1)(a) of the Act, you are hereby
advised that a child has been abused in a manner causing physical injury/ sexually abused/ deliberately neglected or is in
need of care and protection.

Source of report (do not identify person)

 Victim  Relative  Parent  Neighbour/friend

 Professional (specify) …………………………………………………………………………………………………….

 Other (specify) ………………………………………………………………………………………………………………

Date Reported to child protection organisation: DD MM CCYY

1. CHILD: (COMPLETE PER CHILD)

Surname Full name(s)

Gender: M F Date of Birth: DD MM CCYY

School Name: Grade: Age / Estimated Age:

* ID no: * Passport no:

Contact no:

2. CATEGORY OF CHILD IN NEED OF CARE AND PROTECTION

 Street child  Child labour  Child trafficking
 Commercial sexual exploitation  Exploited children  Child abduction

3. OTHER INTERVENTION – CONTACT PERSON TRUSTED BY CHILD

Surname: Name:

Address: Telephone number:

Other children interviewed:  Yes  No Number :

(*) = Complete if available or applicable

16 Abuse No More Protocol of the Western Cape Education Department

 SURNAME OF CHILD:

FULL NAMES OF CHILD:

4. ALLEGED ABUSER
4.1) Surname Full Name(s)

Date of Birth: DD MM CCYY Gender: M F

ID No: Age:

* Passport No: * Drivers license:

Also known as: Relationship to child:

 Father  Mother
 Grand father  Grand mother
 Step father  Step mother
Street Address (include postal code):  Foster father  Foster mother
 Uncle  Aunt
 Sibling  Caregiver
 Professional: social worker/police
officer/teacher/caregiver/priest/dr/
volunteer
 Other (specify)
Postal Code:
4.2) WHEREABOUTS OF ALLEGED PERPETRATOR:
 Section 153 (Request for removal by SAPS)  Still in home

 In hospital (Name/Place…………………………………………………………………………………….)

 In detention (Place…………………………………………………………………….……………………..)

 Living somewhere else  Whereabouts unknown  Un-identified

5. PARENTS OF CHILD (If other than above)

Surname: Father / Step-father Full name(s)

Date of Birth: DD MM CCYY Gender: M F

ID no: Age:

Surname: Mother / Step-mother Full name(s)

Date of Birth: DD MM CCYY Gender: M F

ID no: Age:

Also known as: Names and ages of siblings or other children if

helpful for tracking

Street Address (include postal code): Postal Code:

(*) = Complete if available or applicable

Abuse No More Protocol of the Western Cape Education Department 17

 SURNAME OF CHILD:

FULL NAMES OF CHILD:

6. ABUSE
Date of Incident: Date unknown: Episodic/ongoing from (date) Reported to CPR:

DD MM CCYY DD MM CCYY DD MM CCYY

Place of incident:
 Child’s home  Field  Tavern  School  Friend’s place
 Partial Care  ECD Centre  Neighbour  Child and youth care centre
 Other (specify)  Foster home  Temporary safe care

6.1) TYPE OF ABUSE (Tick only the one that indicates the key motive of intent)
Physical Emotional Sexual Deliberate neglect

6.2) INDICATORS (Check any that apply)

PHYSICAL:  Abrasions  Bruises  Burns/Scalding  Fractures
 Other physical illness  Cuts  Welts  Repeated injuries
 Fatal injury (date of death)  Injury to internal organs  Head injuries
 No visible injuries  Poisoning (specify)  Other Behavioural or physical
(elaborate) (specify)

EMOTIONAL:  Withdrawal  Depression  Self destructive aggressive behaviour

 Corruption through exposure to illegal activities  Deprivation of affection
 Exposure to anti-social activities  Exposure to family violence
 Parent or care giver negative mental condition  Inappropriate and continued criticism
 Humiliation  Isolation  Threats  Development Delays  Oppression
 Rejection  Accusations  Anxiety  Lack of cognitive stimulation
 Mental, emotional or developmental condition requiring treatment (specify)

SEXUAL:  Contact abuse  Rape  Sodomy

 Masturbation  Oral sex area  Molestation
 Non contact abuse (flashing, peeping)  Irritation, pain, injury to genital
 Other indicators of sexual molestation or exploitation (specify)

DELIBERATE NEGLECT:  Malnutrition  Medical  Physical  Educational

 Refusal to assume parental responsibility  Neglectful supervision  Abandonment

6.3) Indicate overall degree of Risk to child:

 Mild  Moderate  Severe  Unknown

6.4) When applicable, tick the secondary type of abuse Multiple Abuse:  Yes  No

Sexual Physical Emotional Deliberate Neglect

Brief explanation of occurrence(s) (including a statement describing frequency and duration)

(*) = Complete if information is available or applicable

18 Abuse No More Protocol of the Western Cape Education Department

 SURNAME OF CHILD:

FULL NAMES OF CHILD:

7. MEDICAL INTERVENTION (*)

Treated outside hospital: Examined by: Hospitalised:
 Yes  Doctor  For assessment
 No  Reg. Nurse  For treatment
 As place of safety
Where (name of Hospital) Contact person Telephone Number

8. CHILDREN’S COURT INTERVENTION (*)

Removal of child to temporary safe care (Section 152): Date
 Yes  No MM DD CCYY

9. SAPS: (ACTION RELATED TO ALLEGED ABUSER(S)) – (*)

Reported to SAPS: Charges laid: Date
 Yes  Yes DD MM CCYY
 No  No
CASE NR Police Station Telephone Nr

Name of Police Officer Rank of Police Officer

10. CHILD KNOWN TO WELFARE ORGANISATION/ SOCIAL DEVELOPMENT?

10.1) Child known to welfare?:  Yes  No
Name of Organisation Contact number Reference number

11. DETAILS OF PERSON WHO REPORTS ALLEGED ABUSE (Refers to a profession, mandatory
obliged to report child abuse)
Name of informant Employer

Employer Address Work Telephone Nr Fax Number

Email Address

(*) = Complete if information is available or applicable

Abuse No More Protocol of the Western Cape Education Department 19

 SURNAME OF CHILD:

FULL NAMES OF CHILD:

Caregiver Correctional Child and Dentist Doctor Drop in

CAPACITY Official Youth Care Centre
Centre
Section Homeopath Labour Legal Midwife Member of Medical
110 (1) Inspector Practitioner staff – Practitioner
partial
care
facility
Minister of Nurse Occupational Psycho- Police Physio-
Religion Therapist logist Official therapist
Religious leader Social service Social worker
professional
Speech therapist Shelter Traditional leader

Teacher Traditional health Volunteer Worker –

practitioner partial care facility

Other (specify)

I declare that the particulars set out in the above mentioned statement are true and correct to the best of my
knowledge.

Signature of person reporting alleged abuse: _______________________________

Date:__________________________________________________________________

Official Stamp of Department / child protection organisation

20 Abuse No More Protocol of the Western Cape Education Department

 Offences Relating to Children and Mentally Disabled
Annexure D
Persons as Contemplated in the Criminal Law (Sexual
Offences and Related Matters) Amendment Act, 2007
(Act 32 of 2007)

Chapter 2 of Act 32 of 2007 contains some general offences that are applicable to
adults, children and mentally disabled persons as complainants:
! ' $/
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Section 6 Compelled sexual assault
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Section16 Acts of consensual sexual violation with certain children
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Section 18(1) Promoting sexual grooming of children
! *04 !"%  
 
Section 19 Exposing or displaying or causing the exposure or display of child pornography or
pornography to a child
! 04 ‡  
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! 04  /  %    "
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female breasts to a child

Abuse No More Protocol of the Western Cape Education Department 21

!"
*   #$  $%%&     
   
disabled persons:
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! '0'404 Q%% ""/  
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pornography to a person who is mentally disabled child
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Chapter 7 of Act 32 of 2007

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against a child
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offence has been committed against a person who is mentally disabled
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another person to commit a sexual offence in terms of this Act
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without the required travel documents

22 Abuse No More Protocol of the Western Cape Education Department

 Broad Risk Assessment Framework to Guide Decision-
Annexure E
Making in Provision of Designated Child Protection
Services [Section 35 of the Regulations of the Children’s
Act, 2005 (Act 38 Of 2005)]
1) The aim of the broad risk assessment framework contemplated (in Section 142 (c) of the
Children’s Act) is to provide guidelines (Section 35 of the Regulations of Children’s Act) for:

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(b) Assessment of risk factors to support a conclusion of abuse and neglect on reasonable grounds
€ / ! 
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(c) Investigation by a provincial department of social development or a designated child protection
organisation upon receipt of a report of the abuse or neglect of the child; and
(d) Appropriate protective measures to be taken in respect of a child.
(e) A disclosure of abuse or deliberate neglect by the child; or
(f) A statement relating to a pattern or history of abuse or deliberate neglect from a witness relating
to the abuse of a child.

2) The broad risk assessment framework includes the following guidelines [Regulation 35(2) of
the Children’s Act, 2005 (Act 38 of 2005)]:

(a) The presence (b) The presence (c) The presence of (d) The presence
of indicators of of emotional developmental of indicators of
physical abuse and behavioural indicators deliberate neglect
indicators of physical,
of physical, psychological or
psychological or sexual abuse
sexual abuse

‘ Bruises in any part of ‘ Aggression ‘ Failure to thrive ‘ Underweight

the body ‘ Physical withdrawal ‘ Failure to meet ‘ $  %
‘ Grasp marks of the when approached by physical and ‘ Sores around the
arms, chest or face adults psychological mouth
‘ ^%   %   ‘ Anxiety developmental norms ‘ Slight water retention
colour ‘ Irritability ‘ Withdrawal on the palm or in the
‘ Black eyes ‘ Persistent fear of ‘ Stuttering legs
‘ Belt marks familiar people or ‘ Unwillingness to ‘ Extended or slightly
‘ Tears around or behind situations partake in group hardened abdomen
the eyes ‘ Sadness activities ‘ Thin and dry skin
‘ Cigarette or other burn ‘ Suicidal actions or ‘ Clumsiness ‘ Dark pigmentation
marks behaviour ‘ Lack of co-ordination of skin, especially on
‘ Cuts ‘ Self-mutilation or orientation extremities
‘ Welts ‘ Obsessive behaviour ‘ Observable thriving ‘ Abnormal thin muscles
‘ Fractures ‘ Neglect of personal of children away ‘ Developmental delay
‘ Head injuries hygiene from their home ‘ Lack of fatty tissue
‘ Convulsions that are ‘ Age of child environment ‘ Disorientation
not due to epilepsy or demonstrating ‘ Intellectual disability
high temperature socially inappropriate ‘ Irritability
‘ Drowsiness sexual behaviour or ‘ Lethargy
‘ Irregular breathing knowledge ‘ Withdrawal
‘ ^    ‘ Active or passive ‘ Bedsores
‘ Pain bullying ‘ Fractures
‘ Fever ‘ Unwillingness or
‘ $ tearfulness to undress
or wearing layers of
clothing

Abuse No More Protocol of the Western Cape Education Department 23

3) A person who, due to the presence of indicators referred to in sub regulation (2), suspects
that a child has been sexually abused, or abused in a manner causing physical injury or
deliberately neglected, must assess the total context of the child’s situation in accordance
with the following guidelines:

04    % </   %|

(b) A cluster or pattern of indicators as opposed to a single isolated indicator will provide support for
a conclusion of abuse or neglect;
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the context within which incidents have taken place, which must be noted in writing, may provide
support for a conclusion of abuse or neglect;
(d) Abuse may be unintentional, but failure on the part of the parent or care-giver to prevent abuse
of the child may amount to neglect;
(e) Abuse may be physical, psychological or sexual without any visible indicators and is likely to exist
if the child continuously reports threats of harm or punishment;
(f) A series of minor incidents, any of which may, when considered in isolation, not amount to abuse
or neglect, may constitute abuse or neglect when considered together;
(g) The child’s age, personality and temperament should be taken into account;
(h) Discrepancies in the rendition of incidents by the child and his or her parents or care-givers may
either provide or diminish support for a conclusion of abuse or neglect; and
(i) Any unexplained delay in seeking medical treatment for a child who is seriously injured, should be
considered as a possible indicator of abuse or neglect.

24 Abuse No More Protocol of the Western Cape Education Department

 Duty to Report in Terms of Section 54 of the Criminal
Annexure F
Law (Sexual Offences and Related Matters)
Amendment Act, 2007 (Act 32 of 2007) and Section 110
of the Children’s Act, 2005 (Act 38 of 2005)

Section 54 of Act 32 of 2007:

(1) (a) A person who has knowledge that a sexual offence has been committed against a child must
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(b) A person who fails to report such knowledge as contemplated in paragraph (a), is guilty of an

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(2) (a) A person who has knowledge, reasonable belief or suspicion that a sexual offence has been
committed against a person who is mentally disabled must report such knowledge, reasonable
 
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(b) A person who fails to report such knowledge, reasonable belief or suspicion as contemplated in
/%%/04  


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(c) A person who in good faith reports such reasonable belief or suspicion shall not be liable to any
civil or criminal proceedings by reason of making such report.

Section 110 of Act 38 of 2005 as amended:

(1) ~& %% 
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religious leader, social service professional, social worker, speech therapist, teacher, traditional health
practitioner, traditional leader or member of staff or volunteer worker at a partial care facility, shelter,
drop-in centre or child and youth care centre”
‘ The above mentioned persons must have reasonable grounds to conclude that the child has been
abused in a manner causing physical injury, sexual abuse or deliberate neglect.
(2) “Any person who on reasonable grounds believes that a child is in need of care and protection may
report that belief to the provincial department of social development, a designated child protection
%   %/  
 „

Part 4 of SAPS National Instruction 3 of 2008:

(1) the alleged commission of a sexual offence is usually reported by –
(a) the victim of the offence;
(b) a family member, friend or colleague of the victim; or
(c) a person who witnessed or received information about the commission of the offence.
(4) a person reporting his or her –
i) knowledge that a sexual offence has been committed against a child or a mentally disabled
person; or
ii) reasonable belief or suspicion that a sexual offence has been committed against a mentally
 /% %
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member must consider the information and –
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that person, open a docket for the investigation of the offence that was allegedly committed and
register the docket on the CAS (Case Administration System); or
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was indeed committed, consult with the Community Service Commander who must make a
comprehensive OB (Occurance Book) entry of the report and the reasons why the Commander
  %%% %   5

 
committed and provide the number of the OB entry to the person who made the report to enable
him or her to be located and be interviewed if this turns out to be necessary.

Abuse No More Protocol of the Western Cape Education Department 25

 Sanctions – Serious Misconduct of Educators Employed
Annexure G
by WCED Regarding the Management of Child Abuse,
Deliberate Neglect and Sexual Offences

/ 
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KK*4 >&
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4!%    ! (04;

‘ An educator must be dismissed if she or he is found guilty of –

(a) Theft, bribery, fraud or an act of corruption in regard to examinations or promotional reports;
(b) Committing an act of sexual assault on a learner, student or other employee;
(c) Having a sexual relationship with a learner of the school where she or he is employed;
(d) Seriously assaulting, with the intention to cause grievous bodily harm to, a learner, student or
other employee;
(e) Illegal possession of an intoxicating, illegal or stupefying substance; or
(f) Causing a learner or a student to perform any of the acts contemplated in paragraphs (a)
 V04

‘ The process for managing serious misconduct (including child abuse) related to public service
/%    %  (_07 !%5  < %  %    4
The disciplinary process is similar to that of an educator and if found guilty such offenders will be
dismissed.

26 Abuse No More Protocol of the Western Cape Education Department

 Guidelines to School Governing Bodies regarding the
Annexure H
Management of Child Abuse, Deliberate Neglect and
Sexual Offences

1. Guidelines regarding the provision for punitive measures against staff employed by the School
Governing Body due to misconduct in terms of this policy document.

1.1 School Governing Bodies need to ensure that applicants being considered for appointment have not

 


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4
‘ !J%% 
‘ All staff working at schools must be screened against both the National Child Protection
$ %!"#

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and people who do not work directly with children, such as cooks, gardeners and caretakers.
The principal should complete the Form 29 and send it to the Director-General of Social
Development to check if the names of the staff or volunteers are on the National Child
7%  $ %
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access to children if the person has been declared unsuitable to work with children [Section
'0404Š&/% 
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 %
does not disclose that information to an employer.

 ! J 5%    % % / }/% 5  
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measures regarding allegations of child abuse, deliberate neglect and sexual offences made against an
employee.

1.3 Suggestions for stipulations within the contract:

‘ Suspension: “the employer may suspend the employee from work in any event before or after the
employee has been charged with misconduct, on conditions determined by the employer. The
Employer will notify the employee in writing of the suspension, the reasons for the suspension and
whether the suspension will be with or without pay.”
‘ Ending of Contract: “the Employer can immediately end the contract on conditions being
acknowledged in terms of any legislation.”
‘ Sanctions: depending on the nature of the offence, it is advisable to consult the Employment

 %&KK*0&(@
KK*40!<4/ % / 

following sanctions:
‘ Immediate dismissal;
‘ Dismissal with pay as alternative for a notice period;
‘ Final written warning;
‘ Written warning; and
‘ $  /

6 %  %

 %   / %% ;
‘ Ensure the safety of the child during the hearing process;
‘ Ensure that the child has access to an intermediary irrespective of the child’s age;
‘  %   /%   / _%
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process;
‘ When questioning consideration should be given to the child’s developmental age, preference in
terms of language, emotional status, concentration and cognitive ability;
‘ Ensure regular breaks for the child; and
‘ %%   

Abuse No More Protocol of the Western Cape Education Department 27

 Guidelines to School Management Teams and School
Annexure I
Governing Bodies regarding the Management of the
Involvement of the Public Media

‘ Inform the District Director via the Circuit Team Manager of a situation which bears the potential to
alarm the interest of the media;

‘ $
%% U %  ]
   2+|

‘ Decide on a person that would act as the spokesperson on behalf of the school in all further
deliberations with the media;

‘ Ensure that staff members, parents and learners involved, refer all media enquiries to the
spokesperson;

‘   
5  /%/% % }/   |

‘ Be concise and only reveal essential information; and

‘ }% 
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the alleged learner offender.

28 Abuse No More Protocol of the Western Cape Education Department

 Directorate: Employee Relations’ Guidelines on the
Annexure J
Management of Child Abuse, Deliberate Neglect and
Sexual Offences

The management of child abuse, deliberate neglect and sexual offences against children by an employee of
the WCED will be guided by the following legislation:

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Abuse No More Protocol of the Western Cape Education Department 29

 FORM 29
Annexure K
Inquiry by Employer to establish whether person’s name appears
in Part B of National Child Protection Register
0$ 664
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TO: The Director-General

Department of Social Development
Private Bag xxx
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (full names and surname)

wish to inquire whether the name of a person in my employ or that I wish to employ appears in Part B of
\  7%  $ %&%  /
 

    
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identity document
passport

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Please note that section 126 of the Act requires you to respond to this inquiry within 21 working
days.

Name of business: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Physical address of business: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postal address of business: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone numbers of business: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Position held or to be held by person: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Personal details of person employed or to be employed.

Full names: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Surname: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Physical address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Postal address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Telephone number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Alias or nickname: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ID number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Passport number: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Yours sincerely

...................................
(Signature)

Date: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44 General Regulations regarding Children, 2010 (Form 29)

’)“ >

30 Abuse No More Protocol of the Western Cape Education Department

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Abuse No More Protocol of the Western Cape Education Department 31

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32 Abuse No More Protocol of the Western Cape Education Department