Continuing Education and Training Act, 2006 (Act No. 16 of 2006)Chapter 3 : Governance of Public Colleges16. Prohibition of corporal punishment and initiation practices |
| (2) | Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a sentence which may be in-posed for assault. |
| (3) | No person may conduct or participate in initiation practices at a college. |
| (4) | Any person who contravenes subsection (3) is guilty of misconduct and disciplinary action must be instituted against such a person. |
| (5) | Despite subsection (4), a person may institute civil action against any person or group of persons who manipulated or forced the first-mentioned person to conduct or participate in initiation practices. |
| (6) | For the purposes of this section, 'initiation practice' means any act that in the process of initiation, admission into or affiliation with, or as condition for continued membership of, a college, a group, intramural or extramural activities, a sports team or an organisation— |
| (a) | endangers the mental or physical health or safety of a person; |
| (b) | undermines the intrinsic worth of human beings by treating some as inferior to others; |
| (c) | subjects individuals to humiliating or violent acts that undermine the constitutional guarantee to dignity in the Bill of Rights; |
| (d) | undermines the fundamental rights and values that underpin the Constitution; |
| (e) | impedes the development of a culture that entitles an individual to be treated as worthy of respect and concern; or |
| (f) | destroys public or private property. |
| (7) | In considering whether conduct or participation of a person in any initiation practice falls within the definition of 'initiation practice', the relevant disciplinary authority must take into account the right of the student not to be subjected to such practice. |