Court overturns vaping expulsion

The Western Cape High Court declared two disciplinary actions against two learners who were vaping in the school’s hostel unlawful. 

The now-Grade 10 learners were twice found to be vaping. The first incident was at the end of 2023 when they were in Grade 8, and the second incident was last year, a few months down the line.

The school’s governing body twice punished them for the same offence, which amounts to double jeopardy.

During the first incident in November 2023, both learners, only identified as L and M, were expelled from the hostel for a few months. 

L and M were each found in possession of a vape. Vaping constitutes serious misconduct in terms of the school’s Code of Conduct, categorised as a Code C offence – a serious misconduct.

However, when the incident occurred again in August of last year, both were permanently expelled from the hostel.

A teacher saw them on the security camera, and disciplinary proceedings followed before the governing body. 

A few weeks later, the school convened fresh disciplinary proceedings on the same incident of vaping. 

This time, the talented rugby players were stripped of their leadership qualifications, and their bursaries were taken away from them.

Judge Gayaat Da Silva Salie commented that it is not in dispute that vaping is a contravention of the school’s code of conduct and that it is harmful. However, the seriousness of the contravention does not obviate the requirement that disciplinary processes be conducted lawfully and fairly, nor does it permit sanctions that are excessive or disproportionate.

She said the governing body during the disciplinary proceedings treated vaping as a criminal offence, which most likely influenced both the severity of the sanctions imposed and the way the transgressions were assessed.

“Discipline that humiliates learners cannot be justified academically and from a developmental perspective. It otherwise lacks educational purpose. Discipline in schools is not aimed at revenge or retribution but rather at deterrence,” she said.

In overturning the sanctions, the judge said these measures amounted to a prolonged and cumulative punishment.