1. Certain sections of the South African Schools Act, 1996 (Act 84 of 1996) and other acts are being amended in terms of the above-mentioned Amendment Act. This means that provincial legislation and policy will have to be adjusted accordingly. The amended legislation and policy will be provided to you in due course.
2. Your attention is specifically drawn to the stipulations of Sections 5 and 15 of the above-mentioned Amendment Act, of which excerpts are provided. In terms of these sections initiation practices at educational institutions have been prohibited and the attention of learners must therefore be drawn pertinently to the consequences of participating in or conducting initiation practices. In this regard you are requested also to note the provisions of Circular 164/2001 of 19 December 2001.
3. Heads and governing bodies are requested to take action in terms of the “Regulations relating to serious misconduct of learners at schools” against learners who participate in initiation practices, and educators who participate in or allow such practices to continue, must be disciplined in terms of the Employment of Educators’ Act, 1998 (Act 76/1998), as amended.
4. In addition, the provision allows a learner who is a victim of initiation practices to institute a civil action against a person or group of persons who forced him or her to participate in such initiation practices.
5. Initiation practices are defined as any act which

  1. endangers the mental or physical health or safety of a person.

  2. undermines the intrinsic worth of human beings by treating some as inferior to others.

  3. subjects individuals to humiliating or violent acts which undermine the constitutional guarantee of dignity in the Bill of Rights.

  4. undermines the fundamental rights and values that underpin the Constitution.

  5. impedes the development of a true democratic culture that entitles an individual to be treated as worthy of respect and concern.

  6. damages or destroys public or private property.
6. To summarise, initiation practices have been outlawed and participation in such practices by learners and/or educators will result in disciplinary action being taken against such learner or educator. In addition, any learner subjected to initiation may institute a civil action against the person or group of persons who enforced the initiation practice.
7. Please bring the contents of this circular to the attention of all personnel and governing body members.

SIGNED: J.H. LYNERS
HEAD: EDUCATION
DATE: 2003:01:16