Cape Town – Concern for her child's well-being has led to the mother of the Sans Souci Girls' High pupil slapped during an altercation with her Afrikaans teacher "withdrawing" her from the school.
The aggrieved child's lawyers said the mother had no confidence the disciplinary hearing set down for Friday would be "fair or impartial". The teacher's disciplinary hearing has been postponed twice.
The Chamber of Legal Students (CLS), which has been representing the Grade 9 pupil, said in a statement on Thursday: "The decision to withdraw the learner from the school was prompted by concerns for her well-being, in the face of the unfair and unlawful treatment she has been subjected to and the extremely hostile environment the school has created for her.
"This is not an environment conducive for her to study in… In such circumstances, the mother has no alternative but to take her child out of the school. This is in the best interest of the learner."
The CLS has claimed that the "prolonged unlawful suspension" has effectively deprived the pupil of her right to education and also accused the Western Cape Education Department of refusing to "step in and protect the learner's constitutional rights".
"Based on the submissions made previously to the school regarding the procedural irregularities and since she is no longer a learner at the school, there is no basis for her to participate in it (the hearing).
"The mother will proceed with legal action against the school, the SGB (school governing body) and the Western Cape Department of Education for the violation of the learner's rights."
Suspended Sans Souci Girls' High teacher Clarissa Venter, 34, and the 16-year-old pupil both appeared in the Wynberg Magistrate's Court on Wednesday – a few courtrooms apart – after they had both laid assault charges against each other.
While Venter's case was conducted in open court and ended up being postponed to April 18 for further investigation, the Grade 9 pupil's case was held in camera.
The pupil who was slapped by her teacher at the beginning of last month after a verbal altercation – seen in a video that went viral – said after her court appearance she never wants to go back to the institution again.
"It’s toxic. It’s not a safe space for anyone to be, because if you don’t bow down to what they have to say - whether it’s right or wrong - you are then (considered) disrespectful. You are victimised, bullied and treated badly," the pupil was reported as saying
Western Cape Education Department spokesperson Bronagh Hammond on Thursday confirmed "rumblings" of a protest at the Newlands school if the pupil returned, News24 reported.
The pupil said after her court appearance she has been receiving threatening messages from fellow pupils, warning her not to return. Hammond, however, said the school was not aware of the threats.
The mother claimed that on the day of her daughter's disciplinary hearing, the principal told her to find another school for her child to attend because she had brought Sans Souci "into disrepute".
Hammond denied this, saying: "The principal did not tell the mother that she 'must' find another school. She allegedly advised the parent that if they do not want the child to have a record – should the outcome be negative for the learner – then the learner can deregister before the disciplinary is complete."
Cape Times