The Eastern Cape High Court (Makhanda) has set aside the expulsion of a Grade 11 St Andrew’s College pupil who ‘lashed’ a fellow pupil with a broken golf putter so harshly on his buttocks that it caused blood blisters.

The Herald reports while Judge Thembekile Malusi set aside the expulsion on a procedural technicality, he was sharply critical of the boy’s father’s threatening and illicit behaviour during and after his son’s disciplinary hearing at the school.

The boy’s father had resorted to court on an urgent basis to have his son’s October expulsion set aside.

Malusi said in his judgment that the boy, represented by his father at his initial hearing, had pleaded guilty to contravening the school’s rule against bullying in any form. After hearing evidence in mitigation and aggravation, the disciplinary panel expelled the boy from the school.

The boy’s father submitted an appeal against the sanction to St Andrew’s College’s council chair, John Maree, raising constitutional protection issues.

Maree ruled the Constitution had no application in the matter and dismissed the appeal.

Malusi found the disciplinary hearing had been contrary to the school’s own disciplinary code, which stated the headmaster was the ‘sole role player and arbiter of guilt or innocence and sanction’.

Instead a disciplinary panel had been convened and was involved in each of the steps.

Malusi also warned the school that it was not beyond the reach of the country’s Constitution, as had been contended in the appeal decision.

He set aside the expulsion and ordered the college to hold a new disciplinary hearing.

But due to what Malusi referred to as the ‘reprehensible conduct’ of the father during the disciplinary process, he should foot his own legal bill for the successful court application.

Full report in The Herald