Parents advised to lay criminal charges if kids are bullied at school - Family law attorney

The footage, which has triggered national outrage, shows the learner being physically and verbally attacked by a group of boys, while others stand by, recording and cheering. The incident allegedly took place on 16 October 2025, shortly after school, and reportedly involved pupils, including members of the school's first rugby team.

Many parents have asked, what happens when a child is victimised in a place meant to be safe?

Family law attorney Bertus Preller says that the school is obligated to act swiftly.

Every school has a code of conduct, and it’s up to the school governing body to take immediate disciplinary action against the perpetrators, and expulsion is an option, Preller explains.

"The school walks into the shoes of the parents so if the school neglects to prosecute, in terms of their policies, the school or the Department of Education is in the firing line and they can be sued."

Preller stresses that physical bullying is a common law crime, and those involved can be criminally charged with assault.

The school can handle disciplinary measures, but that doesn't erase the crime itself. Parents must still report the incident to the South African Police Service (SAPS) and consider filing criminal charges.

"The school deals with it on one level, but it doesn't take the crime away. The parents have still got to lay charges at the South African Police Services for assault, for example, and take it further."

Preller explains that under the Child Justice Act 75 of 2008, the legal process varies depending on the age of the child:

• Under 10: counselling, therapy, and family support are prioritised.

• Ages 10–14: rehabilitation programmes may be implemented, but prosecution and arrest are possible in serious cases.

• Ages 14–18: offenders are presumed capable of criminal responsibility, and the focus shifts toward restorative justice, though prosecution remains an option.

Preller also clarifies how the process works...

"Laying a criminal charge is free, and a parent can bring in an harassment application without the assistance from any legal practitioner. Hopefully the school does the right job and deter other children from other schools to do similar things."

On the legal standing of the person who filmed the incident instead of intervening or reporting it, Preller notes that while filming alone may not be criminal, failing to act, especially when harm is occurring, raises ethical and legal concerns.