Political parties, social media and schools: An unlawful mix?

At Maritzburg College, a group of boys took part in the tradition of decorating their shirts and taking photos on their last school day before exams – except they had drawn references to a political party, the EFF, and had mentioned that the party was “our last hope of getting our land back”.

They had also tweeted the picture on social media. It was soon picked up by the political party itself and the photo went viral. Adding fuel to the fire was the outburst of Maritzburg College old boy and international cricket player Kevin Pietersen, who did not take kindly to their actions.

What many people do not know is that in terms of the Schools Act there is a legal prohibition on political activity during school time at public schools. This does make sense as most learners are under the voting age and so campaigning would be largely fruitless. But the question in this instance is whether the school’s swift move to use formal disciplinary action against the pupils was appropriate?

The social media scrutiny of the school was particularly intense and the commentary on Twitter was extensive and hostile from all perspectives. It is difficult to draw a line in the sand about the types of symbols and views a school will allow and those it will not allow. 

In our view, it is important for schools to discuss these types of policies with parents and pupils before situations like this arise and spiral out of control. The practical reasons for a particular policy need to be examined and the reasons for implementation need to be clearly explained within the school community. 

VERLIE OOSTHUIZEN

Shepstone & Wylie Social Media Law Department