A pupil who hijacked a woman and sold her car to pay to go to a school ball has been expelled, in a decision ratified by a high court.
|||Durban - A schoolboy who hijacked a woman and sold her car to pay for himself and his partner to go to the school’s spring ball has been expelled in a decision ratified by the Pietermaritzburg High Court.
The city’s Linpark High School was forced to turn to the court after failing to get feedback from the KwaZulu-Natal Education Department on its governing body’s decision to expel Luthando Buthelezi, 18.
Governing body chairman Anthony Borain said in court papers that the teenager had scouted a neighbourhood to observe the woman’s movements. He placed a rock in her driveway and when she got out of her car to move it, Buthelezi, armed with an illegal gun, demanded the keys or he would shoot her.
He drove off in the car, which he sold for R4 000.
Buthelezi was caught and charged, and he confessed in court. The criminal matter was diverted to the National Institute for Crime Prevention and the Reintegration of Offenders, where an offender avoids trial and does programmes and community service instead.
In a school inquiry, the governing body found him guilty of conducting himself in a disgraceful, improper and unbecoming manner.
According to the KZN School Education Act, he could be expelled for these reasons.
The decision to expel him was sent to the department for approval in February while Buthelezi continued to attend the school.
“This not only creates uncertainty as far as the governance of the school is concerned, but staff members and school pupils feel vulnerable. It creates a situation where other pupils may view the outcome as an indication that the head of department does not regard such violent behaviour as serious enough to do something about it,” said Borain.
He added that the only alternatives available to the school were suspension for 14 days pending a decision by the department, detention and additional homework, all of which had failed.
“It would appear that the head of department has taken a decision not to endorse expulsions in public schools at all. Such an attitude will breed a culture of delinquent learners, will place an unbearable amount of stress and tension upon educators and will jeopardise the safety of other learners,” he said.
“This will threaten the whole education policy and system in the province.”
Last month, two similar cases came before the high court in which the department was ordered to endorse the expulsion of two pupils, at the city’s Northern Park Primary School and at Vryheid High School.
They had been found guilty of serious misconduct last year and the governing bodies had ruled they be expelled. The decision could not be implemented as they were not approved by the department.
In those cases, the matters were referred back to the schools for alternative sanctions, but no reasons were given for these decisions.
Department spokesman Muzi Mahlambi declined to comment.
sharika.regchand@inl.co.za
The Mercury