Western Cape High Court overturns school’s disciplinary action against learners for vaping

The Western Cape High Court has made a landmark ruling, declaring the disciplinary actions taken against two learners for vaping in their school hostel as unlawful.

Identified only as L and M, the now Grade 10 learners faced severe penalties after being caught vaping on two separate occasions. The incidents in question took place during their tenure at a local boarding school, which remains unnamed to protect their identities.

The initial incident occurred in November 2023, when both boys were in Grade 8. Caught with a vape hidden in L's cupboard, they faced consequences as per the school’s Code of Conduct, categorised as a Code C offence.

In this instance, they were suspended from the hostel for six weeks. However, the repercussions escalated dramatically the following year when they were found vaping again in August 2024. This time, they were expelled from the hostel altogether.

Notably, after their expulsion, the school governing body convened a second disciplinary hearing regarding the same offence and handed down additional sanctions, including the withdrawal of both boys' leadership positions and bursaries.

M's father voiced his discontent with these procedures, expressing his bewilderment at the absence of an appeal process following the sanctions imposed.

Judge Gayaat Da Silva Salie, presiding over the case, pointed out the stark imbalance in how the disciplinary actions were managed. While acknowledging the seriousness surrounding the act of vaping, she articulated that it does not justify excessive penalties or an unfair application of school rules.

Judge Salie noted, "Discipline that humiliates learners cannot be justified academically and from a developmental perspective."

The judgment illustrated that the governing body approached the vaping violation as if it were a criminal offence, suggesting it unduly influenced the severity of penalties and the assessment of the learners' actions.

Overturning the additional sanctions, Judge Salie determined that the cumulative punishment imposed was unreasonable and could not stand.

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