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From time to time, schools may carry out searches, seizures and drug tests on its learners, as the South African Schools Act prohibits learners from being in possession of dangerous weapons and illegal substances on school premises and during school activities. This is because they interfere with every learner’s constitutional right to a safe learning environment that is free of disruptions. However, does this mean that a learner may be subjected to random searches or even drug testing at school?
The South African Schools Act states that only the principal or his/her delegate may randomly search or administer a drug test on any learner, if there is a reasonable suspicion that a particular learner is in possession of, or under the influence of, an illegal drug. Both search and drug testing can only conducted after the best interests and safety of all learners has been considered, as well as all the evidence at hand. Learners may not be unfairly targeted.
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* This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.
Date added: 7 December 2022
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