Court orders DBE to vet all school staff against National Child Protection Register

The Department of Basic Education (DBE) and provincial education departments must complete vetting of all current employees against the National Child Protection Register (NCPR) by 31 March 2027, following a settlement agreement made an order of the Gauteng High Court.

Order follows legal challenge by Teddy Bear Foundation and SECTION27

The matter was brought by the Teddy Bear Foundation (TBF), represented by SECTION27, which raised concerns about systemic failures in the implementation of the NCPR. The organisations argued these failures allowed some individuals to avoid proper vetting processes, placing children at unnecessary risk.

Requirements set out in the court-approved settlement

Under the settlement, the DBE and provincial departments must:

• Complete vetting of all current employees against the NCPR by 31 March 2027 and provide quarterly progress reports on the process.
• Ensure that no individual listed on Part B of the register is employed or retained in any child-contact role.
• Integrate NCPR screening into all recruitment and appointment processes.
• Work with the Department of Social Development to strengthen verification mechanisms and ensure the register is accurately maintained.

What the NCPR is designed to do

The National Child Protection Register is a child protection mechanism designed to identify people who are unsuitable to work with children and prevent them from being employed in roles where they have access to learners.

Reaction from education union

Education union NAPTOSA in KwaZulu-Natal welcomed the court order. The union said:

“NAPTOSA believes that schools must remain safe spaces where learners can learn and develop free from abuse, intimidation and exploitation.”

NAPTOSA added:

“Educators and all adults entrusted with the care of children must meet the highest standards of professional and ethical conduct. Anyone found guilty of sexual misconduct or deemed unsuitable to work with children should be placed on the National Child Protection Register without delay. Such individuals should never again be allowed to work in environments where they have access to learners.”

The union said it supported initiatives aimed at strengthening safeguarding measures in schools and protecting children’s constitutional rights to safety, dignity and basic education, and commended the Teddy Bear Foundation, SECTION27, the DBE and provincial education departments for reaching the settlement while calling for the full and timely implementation of the court order.

Implementation and oversight

The settlement’s requirement for quarterly progress reports establishes a schedule for monitoring the vetting process, and the integration of NCPR checks into recruitment aims to prevent future gaps in screening.