​Thembisa Shologu
An investigation into the death of Sibusiso Mbatha, a Grade 6 learner at Khehlekile Primary School in Tokoza, has uncovered distressing details, confirming that bullying played a significant role.
Presenting the report on Tuesday at the school, Baitseng Ratanga from BR Ratanga Attorneys revealed that there was substance and merit to the complaints that the deputy principal had incited and contributed to the incident.
The 12-year-old Sibusiso took his own life on 23 October 2023, following an altercation with another learner in class and subsequent bullying and discrimination over his sexual orientation.
Investigations revealed that an incident occurred in class, resulting in an altercation between Sibusiso and another learner. They were then sent to the reception, where Sibusiso encountered a teacher.
According to Ratanga, the teacher admits to reprimanding the boy, specifically regarding his sexual orientation. The boy was told to leave his experiences outside the school gate, said Ratanga. 
Evidence revealed that the incident was not recorded in line with school policy.
Further evidence indicated that teachers, the principal, and the Head of Department (HOD) mishandled the situation, failing to adhere to disciplinary processes and protocols.
"The confirmed allegations suggested that the learner's public reprimand due to their sexual orientation significantly contributed to their distress, highlighting a lack of due process and insensitivity across multiple parties at the school.  
"We also found that the deputy principal ill-treated, blasphemed and homophobically abused the deceased. It is also confirmed that the utterances caused the deceased to commit suicide," she further explained.
The report emphasised the principal's failure to address the issues appropriately and handle the situation with sensitivity. 
It found that neglecting to inform the School Governing Body (SGB), the principal prioritised other community stakeholders over crucial school matters. 
"The SGB did not play a role in the matter. We found out that there has been a severe trauma that the family has suffered as a result of this incident, including his friends as well as his classmates," she revealed.
According to the South African Schools Act's provisions, specifically sections 60 (1) and (2), the Gauteng Department of Education (GDE), including the teachers, principal, and deputy principal, may be liable for gross misconduct through acts of omission.
The investigative report recommends disciplinary action against specific individuals who mishandled the incident, calling for charges and disciplinary hearings for the HOD and class teacher. 
"It is recommended that the deputy principal be charged by putting him on precautionary suspension and a charge sheet be set on him to appear to before a disciplinary enquiry or ill-treating, blaspheming, homophobically abusing the deceased and for also making utterances that caused the death of a learner. 
"We further recommend that the principal be charged that he failed to uphold his duties as prescribed, possibly protecting the deputy and prioritising other stakeholders over the School Governing Body (SGB)," Ratang said.
Training sessions have also been proposed to enhance governance and scholar management skills for SGB and School Management Team (SMT) members.  
In response to the findings and recommendations, MEC Matome Chiloane welcomed the report, committing to implementing the measures the law firm recommended.
"We appreciate the findings and recommendations by Rangata Attorneys and are committed to implementing them accordingly. Indeed, this should serve as a deterrent for all officials and stakeholders in our school communities. No one must feel that their rights are undermined, compromised, or disrespected at our schools," said MEC Chiloane.