It has long been said that to err is human. In the classroom, this truth is clearly visible: children, naturally curious, often test boundaries and sometimes overstep them, knowingly or unknowingly. For educators, acting in loco parentis, the responsibility goes far beyond simply punishing misbehaviour. Their task is to correct, guide, and nurture learners into responsible members of society. The Basic Education Laws Amendment (BELA) Act, which is currently at the centre of debate in South Africa, brings into sharp focus a fundamental question: how can schools maintain order and fairness while upholding learners' dignity and supporting their development? 

Why discipline matters 

Nearly a third of learners leave school prematurely, and ill-discipline plays a significant role in this worrying trend. Discipline, therefore, is not about control for its own sake. It creates order and safety, ensures fairness among learners, protects individuals and school property, and nurtures moral and personal growth. Most importantly, it seeks to correct behaviour - not for retribution, but for the learner’s future.  

It is here that we must distinguish discipline from punishment. Punishment is rooted in retribution, often producing pain, resentment, and alienation. Discipline, on the other hand, is developmental in nature. It seeks growth, respect, and correction. Understanding this distinction is essential to appreciating the transformation that the BELA Act introduces to the narrative of school discipline.  

Levels of misconduct 

The Act clarifies responses to misbehaviour by categorising misconduct according to severity. Minor misconduct, including minor offences such as tardiness, disobedience, or disruptive behaviour, can be dealt with through verbal and written warnings, academic tasks, or acts of restitution. Educators may also use restorative practices and varied methods of correction to redirect behaviour constructively. 

Serious misconduct includes actions that threaten safety or dignity, such as bullying, theft, vandalism, foul language, or repeated minor offences. In these cases, suspension or expulsion may be applied - but only within the framework of the South African Schools Act. Suspension is temporary, with admission denied for up to 14 days, while expulsion is permanent and reserved for the gravest offences or repeated transgressions. Importantly, both measures demand due process, fairness, and equity. A disciplinary decision made without adherence to due process is not only flawed but unjust. 

Perspectives in the Debate 

Educators, who remain at the frontline of discipline, understand the daily challenge of balancing authority with compassion. While many appreciate the BELA Act’s emphasis on fair processes, there is concern that excessive bureaucracy may weaken their authority and embolden unruly learners through an overemphasis on rights without responsibilities. 

Parents, too, are divided. Some call for stricter measures, lamenting what they see as an erosion of respect for authority, with a few even advocating for the return of corporal punishment – a debate long settled in South Africa. Others argue that harsh disciplinary measures such as suspension and expulsion unfairly rob learners of opportunities, particularly when socio-economic contexts are overlooked. The BELA Act attempts to strike a balance between fairness and safety in this contested space.  

The Department of Basic Education (DBE) promotes the BELA Act as a step towards modernising discipline, ensuring fairness, preventing abuse of power, and protecting learners' constitutional rights. Yet critics warn that this focus on policy risks overlooking the lived realities of overcrowded classrooms and under-resourced schools, where maintaining discipline is most difficult. 

Learners themselves hold complex views. Many value fairness, the right to be heard, and restorative approaches to justice. They recognise that the absence of discipline erodes safety and undermines learning. What they resist is not discipline itself, but unfairness. At the heart of the BELA Act lies a commitment to protecting their best interests while creating safe learning environments. 

Teachers’ unions largely defend the interests of educators, insisting they cannot be left powerless in increasingly challenging classrooms. They argue for stronger support systems such as counsellors, social workers, and greater parental involvement, rather than leaving teachers isolated under restrictive legal frameworks. Among unions, views on the BELA Act differ, with some positions also influenced by broader political dynamics.  

The question of fairness 

At the centre of the BELA Act lies the principle of fairness. The doctrine of Audi alteram partem - “let the other side be heard” - is non-negotiable. Both the victims and the accused must have the opportunity to present their case. Notices should be clear, representation must be allowed, and decisions must be reasoned and transparent. Impartiality is equally critical; for example, a School Governing Body member with a personal interest in a case must recuse themselves to ensure justice is not compromised. 

Fair procedure is not bureaucratic red tape - it is the safeguard that transforms discipline from an act of vengeance into an educational tool. 

Discipline for the future 

If discipline is reduced to punishment, the learner is lost. When discipline is understood as correction, protection, and preparation for the future, schools can evolve into communities of justice and growth. Suspension and expulsion should always remain measures of last resort, applied only in cases of severe misconduct and carried out with transparency, consistency, and humanity.