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06 May 2021 | Story Dr Bekithemba Dube | Photo Supplied
Dr Bekithemba Dube is a senior lecturer at the University of the Free State’s Qwaqwa Campus and is a curriculum specialist and prolific researcher in the field of education, religion and politics in postcolonial Africa.

The death of 15-year-old Lufuno Mavhunga - who died from an overdose after being bullied at school - is a fresh reminder of the unresolved social crisis within the corridors of the classroom. While death is part of the human journey and is a reminder that humans are mortal. It is unfortunate that schools are becoming shrines of terror, social disintegration and a death trap. Each day South African society is confronted by various abuses in schools which mirror the society at large. Durkheim’s observation is that schools are a miniature of society. Parents and educational stakeholders become unsure if their children will make it home as they are continually confronted by terrors such as bullying, body shaming, xenophobic attacks and  rape.

Lufuno is one of the many learners in South Africa who succumbed to school violence within and outside the classroom. School violence has not only affected learners but educators and principals too, and is unfortunately perpetrated by their peers, who in normal circumstances should learn, live, and address social problems together. Continued school violence is contrary to the functionalist view that schooling creates homogeneity and social cohesion. Thus, Lufuno’s death is far from attesting to the ability of the curriculum to re-invent a society that believes in non-violent means of resolving conflict. 

Before examining the curriculum, let me remind readers of the magnitude of the problem at hand in relation to school violence manifested through bullying, body shaming and in some cases killings. Lufuno follows other victims of school violence. For example, Tshepo Mphehlo, 14,  was stabbed to death at Sebokeng High School.  Another student was stabbed to death at Eesterivier School in the Western Cape in 2020. Similarly another was stabbed to death by a classmate at Eastwood Secondary School in Pietermatrizburg in 2019, not forgetting a learner who was also stabbed to death at Reunion Secondary School in Isipingo in 2019. The victims are multiple and should be a concern to all peace-loving citizens. As part of problematising school violence, I will focus on the limitations of the school curriculum in South Africa. 

The curriculum should be evaluated in terms of its ability to produce a learned people with the ability to engage in peaceful and non-threatening strategies for conflict resolution.  Thus in this opinion paper I share the limitations of the curriculum that fail to address social pathologies such as school violence as evidenced by the death of Lufuno and many others.

Life Orientation is a disappointing citizenship education

The peace and stability of any successful nation is anchored on the strong foundation of citizenship education. With reference to South Africa, the introduction of Life Orientation teaching was seen as a brilliant means to instil good citizenship among learners.  However, while the intentions of introducing the subject were good, the implementation has proven unsuccessful in teaching humanity among learners. In some cases, the subject is taught by educators not trained for it, or who have failed in other subjects thus failing  to evoke humanity, tolerance and human dignity in the face of conflict. Should citizenship through education be taken seriously, I am sure the subject would contribute to a tolerant society, committed to embracing human dignity despite colour, race and other social variables. 

Lufuno and the accused had a conflict, which is part of human nature, the Life Orientation curriculum should have been a source for bringing about a peaceful resolution of their differences. However, since the subject is not taken seriously at schools, I am sure they saw no reason to apply Life Orientation principles to the conflict which unfortunately culminated in Lufuno’s death.

Curriculum as job security and the demise of humanness

The curriculum in South Africa is preoccupied with the need to produce learners who will fill the ever-existing skills shortages. As such, there is an emphasis on skills development with  much of the curriculum’s energy used to produce competent learners, which in turn creates job security that is ideal for the  expectations of  parents and the corporate world. But it has come at a cost especially because less emphasis is placed on the human sciences as an integral part of a successful nation. It is critical that the school curriculum produces balanced learners who have the ability to perform well in subjects that gear them for jobs, but also placing value on the human sciences that cement good citizenship. Lufuno’s death is a reminder that a school curriculum that does not balance education that offers job security and inculcates humanness results in social trajectories such as school violence.

By the way, what did we say about religious education? 

The year 2008 saw the demise of religious education at most South African public schools. Very few schools still offer the subject. It was seen as useless, and debates arose in terms of which religion should be on the curriculum. While religious education had its problems like any other subject, no one can doubt its ability to teach morality, an integral part of humanity lacking in many ways at South African schools. Religion and its teaching reminds people of the relationship they have with a divine being yet calling for accountability on the treatment of fellow citizens. Now that the subject is not taught at school, learners are deprived of learning about social responsibility and being accountable to God for their actions. Morality, characterised by tolerance and peace, is lacking among many learners, hence the unending school violence. The South African school curriculum is limited by overemphasising natural sciences at the expense of subjects that belong to the human sciences, such as religion. Lufuno’s death is a reminder that morality in a curriculum is indispensable in reinventing education that benefits learners by inculcating  in them a high standard of morality.

The suffering soul of the teacher: 

How far can teachers engage in the loco-parenting role? Seemingly, whenever teachers are confronted by the need to implement a loco-parenting role, they are met with resistance, anger, and ridicule. I remember a teacher who was blamed for combing learners hair at school. To me, the teacher was exercising her loco-parenting to make learners more presentable. However, some social media users saw her as an uncivilised teacher and unworthy to be in the schooling system. It is because of this, that teachers fold their hands and neglect the care role of a teacher. With reference to Lufuno, if teachers were allowed to exercise their loco-parenting role, I am sure they could have intervened in the conflict, as parents, and resolved the issue. But now since teachers have often been blamed for acting as parents within the schooling system, they have withdrawn their loco-parenting role, and we have lost Lufuno. Society should allow teachers to exercise a loco-parenting role within the confines of social justice, and care without the use of corporal punishment.

In conclusion, Lufuno’s story is disheartening, and unfortunately, there is nothing we can do to bring her precious soul back. But we have an obligation to society to continue problematising violence. The moment we teach learners that violence is normal, we pass on the mentality to the younger generation and each day we will continue to bury victims of school violence. Yes, today it’s Lufuno. Tomorrow it will be me  or you. Thus the school should be part and parcel of reinventing a society that values non-violent means to resolve conflict.

Opinion article by Dr Bekithemba Dube, School of Education Studies, University of the Free State (UFS).


News Archive

The failure of the law
2004-06-04

 

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.
 

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

 

 

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