The mother of an 18-year-old deaf learner with Attention-deficit/hyperactivity disorder (ADHD) at a special needs school in Cape Town claims that authorities failed to follow proper protocols when her son was charged with assaulting a classmate and subsequently imprisoned at Pollsmoor Prison.

Jabulane Blose, National Executive Director, South African National Deaf Association (SANDA said there were protocols when a learner with special needs faced the law: “When Deaf learners come into contact with the justice system, they are required appropriate safeguards, including access to South African Sign Language (SASL) interpreters, communication support, and diversionary interventions that avoid unnecessary trauma.

Police spokesperson, Captain FC Van Wyk confirmed that the incident involved a stabbing: Woodstock police registered an assault with the intention to do grievous bodily harm (GBH) case for investigation.

 “According to reports the incident happened on August 8 at a school in Observatory, where a 18-year-old learner stabbed and assaulted another learner. The suspect was arrested on August 16 and appeared in the Cape Town Magistrates court on August 18 for the mentioned charges.”

The mother said she was told that her son had allegedly pushed the learner against the black board inside class and could not discuss the merits further.

The Cape Argus, in a bid to trace the victim’s family, contacted a member of the school body who said it was a delicate matter and that staff was not allowed to speak about it.

The irate mother said while she did not shy away from any steps of accountability that her son may face for his alleged actions, she was deeply disturbed on how the matter was handled, leaving her son traumatized after having spent hours inside the country’s most notorious prisons and he was suspended, unable to complete his education.

Bronagh Hammond spokesperson for the WCED said protocols were followed and that when their department was notified of the learner’s arrest and that he was detainment at Pollsmoor Prison, psychologists intervened to have him transferred to the hospital section of the prison.

The mother claimed internal steps was not followed: “My son is a Hearing Disabled ADHD learner with compromised understanding of the situation.

“In court on August 16 I heard for the very first time that my son had allegedly choked the alleged victim on a previous occasion. I was quite stunned, because the school had never notified me of this and one wonders what measures the school had taken to prevent anything like this happening again?

“His hearing challenges which caused frustration due to communication barriers were not taken into consideration and he was found guilty by someone not the SGB, without any regard for the rights that apply to a learner with special needs.

“He is still at home. He cannot go back for the last couple of months of his schooling.

“He will not receive a certificate of Skills.

“I was not provided with a written notice of the alleged misconduct or any previous misconduct that he was surprisingly charged with in court.

“An appropriate process was never chosen: full disciplinary hearing, supportive internal process, restorative justice or behaviour intervention plan. There was no accessibility and my right as a parent to attend a SGB meeting where my son’s rights were respected and his side of the story heard, were denied. No decision Sanctions of Support were taken.”

She said despite being 18, her son still requires support under special education provisions.

“His parent should have been included and provided with a written notice of the alleged misconduct and the planned process. I did not receive this, instead he was served with a summons and taken to Woodstock police station and eventually Pollsmoor,” she added.

Hammond said however their version was different and that steps were followed.

“There was an incident in the classroom which resulted in an assault on another learner by the alleged perpetrator. A teacher was present, who intervened. There are also learner witnesses,” Hammond explained.

 “The school followed all the necessary protocols, informed the parents and instituted disciplinary procedures. The learner was suspended pending a disciplinary hearing.

 “The learner, however, was arrested and was detained at Pollsmoor prison. The school counsellor and the WCED district psychologist intervened, and he was transferred to the Hospital section of Pollsmoor. It is reported that he is currently out on bail.

“Physical violence and bullying in schools cannot be tolerated. A separate disciplinary hearing will be arranged in terms of the code of conduct of the school.”

Eric Ntabazalila of the National Prosecuting Authority (NPA) said he could only provide a response once he received feedback from court officials.

Queries to the Department of Correctional Services went unanswered.

 Khalid Sayed, ANC Leader, Western Cape Legislature called for the learner complete his schooling without prejudice.

Get your news on the go, click here to join the Cape Argus News WhatsApp channel.

Cape Argus

Source link