SECTION27 pushes for wider accountability after child protection register settlement
SECTION27 says the recent Gauteng High Court-approved settlement on employee vetting against the National Child Protection Register (NCPR) marks an important first step towards improving accountability across the education sector and beyond.
SECTION27 Education Rights Head Zeenat Sujee said the agreement with the Department of Basic Education (DBE) applies to all employees within the department, not only teachers.
"The settlement agreement has been made in order of court, which also enables us to proceed with any court litigation on the content of court if there is failure on the part of the Department of Basic Education and the Provincial Education Departments."
The settlement follows legal action brought by the Teddy Bear Foundation after it emerged that only about 12% of the country's educators had been screened against the register, raising concerns about gaps in the protection of children in schools.
Sujee said the agreement requires the DBE to complete the vetting process and provide reports that take into account information from bodies such as the South African Council for Educators (SACE) and the Education Labour Relations Council (ELRC).
She says the organisation will continue pushing for broader accountability across the education sector, including ensuring that departments responsible under the Children’s Act comply with their obligations.
"So this for us was a first step because of trying to obtain mandatory orders against those bodies, sorry, departments rather, that have explicit obligations within the Children's Act, and then obviously we would have to look at how we expand this work to ensure that everyone is then held accountable."
Sujee said SECTION27’s legal challenge was prompted by shortcomings in the way the NCPR was maintained, implemented, and communicated among government departments.
She said the organisation wants stronger mechanisms to ensure departments report effectively to the Department of Social Development, which is the custodian of the register.
"We've also requested, and we've sought relief against the Department of Justice and the DBE and Provincial Education Departments that they actually also start putting in place mechanisms to enable quick reporting to DSD."
The DBE has until 27 March 2027 to complete the vetting of teachers against the NCPR.
Sujee said the settlement provides for engagement between parties if obligations are not met, with the possibility of returning to court if disputes remain unresolved.
The organisation was also awaiting judgment on its case against the Department of Social Development, which has argued that its role depends on other departments submitting information.
Sujee says SECTION27 believes the department, as custodian of the register, should have stronger systems in place to ensure accountability and proper implementation of the vetting process.
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