A primary school teacher in George has been suspended by the Western Cape education department pending an investigation after allegedly posting a video in which a grade 1 pupil was mocked for not being able to afford a pie during a school fundraising initiative.
In the video, which has since gone viral on social media after it was posted in a school WhatsApp group, the teacher can be heard allegedly taunting the child and instructing his classmates not to share their pies with him.
The boys and girls can clearly be seen eating at their desks while the little boy covers his eyes.
Angry parents and community members protested outside Thembalethu Primary School on Wednesday, demanding the teacher’s dismissal.
The department confirmed that psychological support would be provided to the child and his family.
More than 500 people, including members of political parties and local activists, gathered at the school, calling for accountability.
ARE YOU ALLOWED TO FILM A PUPIL IN SOUTH AFRICA?
Filming pupils as a teacher in South Africa is generally illegal without explicit, informed parental consent and, in many cases, school governing body (SGB) approval.
Recording children, particularly for social media (e.g., TikTok), violates privacy rights, creates severe safeguarding risks, and can lead to immediate suspension, legal action, and potential job loss.
Key Legal and Safety
Considerations:
Privacy & Consent: Children are vulnerable, and filming them without permission violates their dignity and right to privacy.
Social Media Restrictions: Teachers are warned against posting classroom videos, especially if they make pupils look ridiculous or violate confidentiality.
Educational Use: While educational materials may be used under ‘fair dealing’, this does not extend to recording children for personal, public, or entertainment purposes.
School Policy: Schools often have strict Acceptable Usage Policies (AUP) that forbid taking photos or videos of pupils without permission.
Safe Environment: Teachers must ensure a safe space, and filming can disrupt the educational environment and create inappropriate, non-professional relationships.
When Filming Might Be Permissible:
Explicit Consent: When parents have given written permission for a specific, educational purpose.
Internal Security: CCTV systems approved by the SGB for school safety are generally acceptable, provided they are managed securely.
Consequences for Illegal Recording:
Suspension/Firing: Teachers have been suspended for posting videos that humiliate or mock students.
Legal Action: Parents may take legal action against the school or individual teacher for violating their child’s rights.
Disclaimer: For specific legal advice, consult with a qualified legal professional or your school’s governing body.
You can watch the video here:
