Abstract

This contribution investigates the procedural and legal challenges associated with securing child participation in disciplinary proceedings against educators accused of sexual misconduct. While such offences are ordinarily prosecuted under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, they also trigger internal disciplinary processes within the education sector, particularly those administered by employers, the Education Labour Relations Council (“ELRC”), and the South African Council for Educators (“SACE”). These forums frequently rely on child testimony to establish misconduct, yet parental refusal, trauma-related withdrawal and fragmented multi-forum procedures often obstruct accountability. This contribution identifies a critical gap in the legal framework: the absence of mechanisms to ethically compel child participation when parental consent is withheld. Drawing on statutory analysis, case law and comparative international perspectives, the contribution argues for legislative reform grounded in the parens patriae doctrine and constitutional protections. Key recommendations include codifying state intervention, streamlining testimony across forums, and establishing specialised support for child witnesses. These reforms are essential to safeguarding children and strengthening professional accountability in the education sector.