The Pietermaritzburg High Court has ordered that an independent investigation should be instituted to probe allegations of mistreatment and sexual violence of pupils at Arthur Blaxall School for the Blind.
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The Pietermaritzburg High Court has ordered that an independent investigation should be instituted to probe allegations of mistreatment, including the alleged sexual violence of learners at a KwaZulu-Natal-based school for the blind and visually impaired.
This was after the court ruled that a curator ad litem should be appointed to investigate the allegations at Arthur Blaxall School for the Blind.
The case was brought by Blind SA last year, following allegations that were made in 2018.
Blind SA, in its application claimed the original investigation into the allegations against the school was inadequate.
No one was criminally charged and prosecuted after the school and the provincial education department concluded their initial investigation.
The Department of Education attempted to oppose the application on the basis that the issues raised had been addressed, saying a new investigation would disrupt the school’s operation.
However, the court this week ordered that a curator should be appointed to conduct an independent investigation.
The curator is expected to compile a detailed report and submit recommendations to the court by September 30.
It will also investigate allegations of poor quality of food and living conditions, as well as the school programmes.
KwaZulu-Natal spokesperson for education, Muzi Mahlambi and his colleague, Mlu Mtshali, did not respond to messages and calls.
Elijah Mhlanga, the spokesperson for the Department of Education, requested a copy of the court papers but did not respond to queries.
Blind SA, which was represented by the Equal Education Law Centre (EELC), said the situation at the school reflects a broader, systemic failure in the provision of safe and dignified hostel conditions for learners with disabilities across South Africa.
“We welcome the High Court’s order as an important step toward accountability and systemic reform for learners with disabilities at school hostels. Through the appointment of an independent curator, we hope that meaningful, evidence-based recommendations will emerge to drive urgent improvements at Arthur Blaxall and beyond. Learners with disabilities deserve to access education in environments that respect and uphold their dignity and rights,” Blind SA said in a statement.
Blind SA chief executive officer, Jace Nair, added this will enable the curator to engage with stakeholders, including learners, staff, education officials and the community to probe the concerns and "propose effective lasting recommendations that will address the systemic changes required to prevent abuse and negligence and promote a human rights-based approach for equitable and quality education for blind and partially sighted learners".
The court added that the person who would be nominated should have at least 10 years of relevant experience.
The curator is also expected to engage with professionals and experts to assist in the investigation.
They are also expected to have access to all documents, including official documents and medical records, to assist in this mandate.
Cape Argus