From bullying to criminal charges: the legal line crossed at Milnerton High

The viral video showing a group of Milnerton High School boys attacking a younger learner has sparked a nationwide debate about when bullying crosses the line into criminal behaviour, with legal experts now providing clarity on this critical distinction.

The footage, which surfaced a week ago, captures an incident that took place on 16 October 2025. In the roughly two-minute clip, several boys armed with belts, a wooden log, and hockey sticks can be seen assaulting younger pupils in what's been described as an initiation ritual. One learner was forced to stand with his hands against the wall and struck over the buttocks with a wooden log. Despite pleading for the attack to stop, he was hit again with a belt while others looked on.

Eight learners have since been suspended and are appearing in court on charges of assault with intent to inflict grievous bodily harm. Six adult learners were granted R2000 bail each, while two minors were released on a warning. As part of their bail conditions they are not allowed to enter school property and must write their exams at a district office. They had to surrender their cellphones.

Legal perspectives on bullying vs. criminal conduct

Criminal lawyer Bruce Hendricks explained how, in legal terms, bullying is weighed when determining whether it becomes a criminal offence.

"Assault is defined in law as the unlawful and intentional application of force to another person. It covers a broad range of conduct and includes slapping another person, which some might see as a simple act, to more severe acts of physical violence towards another person. The act must be done without the consent of the other person and without any justification in law."

"The person committing the assault must have intended to apply force either directly or indirectly to the victim, and there must have been some form of physical force applied to the victim. Any act, whether small or not, that fits this criteria will be classified as an assault, which is a criminal offence."

Equal Education Law Centre Attorney Pila-sande Mkuzo explained that while bullying is not recognised as a criminal offence in South African law, certain acts may carry a criminal element.

"Bullying takes many different forms; it could be something as subtle as isolating someone, extreme cases of physical harm, and or taking someone's pocket money."

Mkuzo explained that acts such as assault, crimen injuria, intimidation, cyberbullying, and in extreme cases, murder, can constitute crimes.

"If a child is being bullied at school in a manner which constitutes a crime, that child,his/her parents or legal guardians could bring a criminal charge against the bully at the South African Police Services."

Mkuzo further noted that most schools rely on their code of conduct to address bullying, but few explicitly define it as a transgression.

"Clearly defining bullying and spelling out the consequences thereof would enhance school discipline."

She said that bullying has severe emotional effects on both victims and perpetrators, often leading to isolation, depression, and anxiety. She emphasised the need for restorative justice under the Child Justice Act, while children in conflict with the law must be held accountable without being excluded from their communities.

Advocacy perspective on school violence

Siya Monakali, spokesperson for Ilitha Labantu, said bullying becomes a criminal matter "when it goes beyond teasing or conflict and manifests as physical assault, threats, intimidation, or the persistent violation of a person's dignity".

He said that under South African law, such conduct can constitute assault, crimen injuria, intimidation, or harassment under the Protection from Harassment Act and Cybercrimes Act.

"At Ilitha Labantu, we support victims through psychosocial and legal pathways, helping families open cases, access counselling, and navigate protection orders," Monakali said.

"Bullying should never be dismissed as 'children being children'. It requires a whole-of-community approach where parents, educators, and peers take responsibility for creating safe and caring environments for children to thrive."

Education department response

WCED spokesperson Bronagh Hammond said the department distinguishes between bullying and criminal behaviour in schools through the Abuse No More Protocol. She said bullying is recognised as a form of child abuse when it involves another learner as the perpetrator harming the child psychologically or emotionally, or involves repeated acts of intimidation, harassment, or aggression.

"These cases are treated as disciplinary matters within the school, managed through the Learner Code of Conduct and supported by school social workers and SGB disciplinary processes," she said.

Hammond said certain behaviours are elevated to criminal offences when they meet specific thresholds, such as physical assault, use of dangerous objects, sexual abuse, repeated threats, or conduct that endangers the safety of learners or staff.

"A learner offender should be reported to SAPS or a designated social worker when a dangerous object is used, an act of assault is committed, or there are repeated threats or physical harm to others," she explained.

She added that educators and principals must complete a Form 22A to notify the Department of Social Development, child protection organisations, or SAPS.

"Counselling support is provided, and disciplinary procedures follow separately from criminal proceedings, with schools expected to cooperate fully with police investigations."

While the South African Schools Act does not mandate standalone anti-bullying policies, Hammond said many schools implement them alongside social media policies as part of best practice. Hammond said the Safe Schools Programme helps create safe learning environments through environmental, developmental, and systemic initiatives, including anti-bullying training, conflict management, youth development programmes, and trauma support.

Hammond also highlighted that parents and learners can contact schools or the district office for guidance, and that the toll-free Safe Schools call centre (0800 45 46 47) is available to report abuse or receive advice.

Police perspective

Provincial police spokesperson Colonel Andrè Traut said the police view any crime arising from bullying in a very serious light. He explained that bullying becomes a criminal offence when it involves assault, intimidation, crimen injuria or harassment, whether physical or online.

While Traut noted that some bullying matters are resolved at school level, police do intervene when incidents escalate to violence, threats, or ongoing harassment.

"Cases are often complex, particularly when they occur online, and may require cooperation between parents, schools and law enforcement," he said.

Traut explained that such cases can be reported at any police station where they are investigated like any other criminal matter.

"When minors are involved, investigations are guided by the Child Justice Act and the Children's Act, which balance accountability with child protection."

He encouraged parents and schools to report bullying that poses a threat to safety or constitutes a criminal act, emphasising that early reporting is key to protecting victims and preventing further harm.