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DA: Statement by Donald Smiles, Democratic Alliance Shadow Deputy Minister of Basic Education, school drug raids (14/10/2009)

14th October 2009

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Legislation came into effect in 2007 allowing for schools to be searched for drugs when there is "fair and reasonable suspicion" that substances are being used on the school premises. But a reply to a parliamentary question (included below) indicates that only the Western Cape uses this provision effectively, and only one other province - the Eastern Cape - has conducted any raids at all, even though it is well known that drug dealing is rife in many schools. There is no point in having legislation if it is not used. We call on the national minister to make drugs in schools a priority and, amongst a range of other things that need to be done, to engage with provinces to ensure that raids are conducted where and when it is warranted. One of South Africa's biggest challenges is drug abuse. Addiction rates are rising across the country, fuelling violence and crime and increasing school failures and drop-outs. Schools are often the focus of dealers. Therefore, although it can potentially cause disruption of schooling and antagonism, it is important for the sake of all learners that all provinces use all the mechanisms available to them to act against drug dealers and expose abuse. If this tool is not being used, then it suggests that drug abuse in general is not being taken seriously. Seven provinces have either not conducted any raids at all so far this year, or are not able to produce information on the raids they have conducted. The Western Cape conducted 168 raids on schools across the province. The only other province to have conducted any drug raids since January was the Eastern Cape, where cannabis was found in all four of the schools searched (Green Point Senior Secondary, Kei Road Comprehensive School, Kuyasa Senior Secondary School and Hector Peterson High School). No drugs were found at any of the Western Cape school searched. MEDIA ENQUIRIES: Donald Smiles, MP - 082 419 3408 Jo Lennox - 082 780 0242 FOR WRITTEN REPLY QUESTION 1009 DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 28/08/09 (INTERNAL QUESTION PAPER 12-2009)
Dr JC Kloppers-Lourens (DA) to ask the Minister of Basic Education:
(1) Whether any drug raids have been conducted on schools in any province since 1 January 2009 up to the latest specified date for which information is available; if so, (a) which schools were raided in each province and (b) what was the outcome of the raid in each case; (2) Whether any policies are in place to assist learners to cope with the psychological consequences of these raids; if not, what is the position in this regard; if so, what are the policies? NW1232E REPLY: (a) Information on drug raids in schools is maintained at provincial level. A request has been made to provinces to avail information as requested. Provincial reports received thus far are outlined in Table 1 below, indicating a total of 172 schools in two provinces - Eastern Cape (4 schools) and Western Cape (168 schools). School level data is currently only available for the Eastern Cape (see Table 1). (b) The outcome of the raids was as follows: Cannabis was found during the raids in the Eastern Cape schools. No drugs or substances were found in the Western Cape schools. Table 1: Random search and seizure per province, January-September 2009
Province No. of schools Outcome Assistance provided to learners
EC 4 schools · Green Point Senior Secondary · Kei Road Comprehensive School · Kuyasa Senior Secondary School · Hector Peterson High School Cannabis was found in all four schools Counseling received from SANCA and a social worker
WC 168 high risk schools* No drugs or substances were found Safe schools call centre offers counseling and debriefing
*School level data for WC not available

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It is important to note that in accordance with the Education Law Amendment Act of 2007, random search and seizure procedures are only undertaken when fair and reasonable suspicion has been established that substances are being used on the school premises. In this regard, searches are conducted after taking into account all relevant factors, including:

the best interest of the learner in question or of any learner at the
school;
(ii) the safety and health of the learner/s in question or of any learner at the school;
(iii) reasonable evidence of illegal activity; and
all relevant evidence received.

The Guidelines for the Management and Prevention of Drug Use/Abuse by Learners in all Public Schools and Further Education and Training Institutions have been designed to balance the privacy and psychological integrity of the child against the need to respond both reasonably and proportionally to suspected illegal activity. In this regard, random search and seizure procedures are conducted in a manner that does not traumatise learners. The Department also works in partnership with a wide range of stakeholders, including the SAPS and NGOs such as SANCA and FAMSA, in educating learners, educators and parents on the dangers of drug and substance use; and providing a supportive environment to enable those learners found using drugs to access treatment, care and support. At all times parental involvement is actively sought and encouraged.

 

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