NATHANIEL LEE | There should be consequences for bad behaviour in society, schools included

“If you break it, you pay for it.”

This is the wording found on signs in some shops to warn customers of their liability for damages they may cause, especially if their actions are deemed to have been malicious, reckless, grossly negligent or criminal as provided in section 51 of the Consumer Protection Act.

I was reminded of this piece of jurisprudence upon learning that the City of Cape Town intends to sue the South African National Taxi Council (Santaco) for damages during the eight-day strike earlier last  month.

Mayor Geordin Hill-Lewis said the city was busy assessing and quantifying the full cost of damages to its vehicles and infrastructure, and the cost of additional policing over the days of the violent strike.

“We have every intention of pursuing civil action to recover these costs and to make sure those responsible for the violence and damage are held both criminally and financially liable.”

This is a commendable stance in the face of a country where impunity threatens to be the order of the day.

It was reported earlier that the strike had cost R5bn to the Western Cape economy with R18m in damages to the City of Cape Town alone. In a country facing myriad challenges such as poverty and homelessness, these resources could have been put to better use. In addition, the disruption caused reputational damage to the country as it was marred by violence and attacks on other transport providers and claimed the lives of at least six people according to the police.

It is imperative to note that the strike itself was called without notice and affected business operations and schooling in the province. Hill-Lewis warned that violence would get us nowhere and that laws could only be changed through the democratic process.

While I deplore the impact of this unnecessary strike, Cape Town has set an important precedent for SA’s future. By refusing to capitulate before violence and anarchy, the city has not conceded an inch on our commitment to the rule of law.

In much the same way the CPA provides liability if action is deemed malicious, reckless, grossly negligent or criminal, criminal law recognises five purposes of punishment. These are deterrence, incapacitation, rehabilitation, retribution and restitution. In the case between the city and Santaco, the deterrence value assumes urgency as it will prevent future acts of crime and hooliganism by Santaco members and other possible offenders.

The fear of criminal prosecution and its consequences will be the stick to frighten other copycats. As for the city’s damages claims, it goes to the heart of the restitution value as it punishes the culprit financially. The offender is figuratively hit in the pocket where it hurts most.

This translates to paying the victim for the harm cost to them in physical injuries, loss or damage to property,  and sometimes emotional distress.

Punishment also has a role within the learning environment as a behaviour modification technique. When corporal punishment was abolished at schools in 1997, a wrong perception gained traction that punishment in its entirety was abolished. To do away with punishment would be suicidal leading to an immoral society.

Constructive punishment can help steer children’s  behaviour in the right direction. It can eliminate or prevent disruptive behaviour when pupils know what the consequences are, especially if spelled out in the school’s code of conduct.

For punishment to work effectively in the classroom and for behaviour modification, teachers must also institute reward systems for good behaviour, so that pupils can learn the difference and strive to achieve positive behaviours.

Disruptive pupils may be removed for some time-out from the class or in more serious cases, suspended. This would ensure that the learning environment is enhanced. Another benefit of punishment is that it can increase respect for authority and teach pupils to follow orders and abide by the rules, and learning a valuable life lesson in the process.

School safety can also be promoted if a system of consequences management is put in place. This is achieved when acts of violent acting out or bullying, which jeopardizes the well-being of others is identified and eliminated. Overall, punishment can serve as a tool to inculcate discipline to produce positive outcomes. Ideally, both rewards for good behaviour and punishment for bad behaviour should be used to produce well-rounded adults who will not go around breaking things.

We can only hope that other provinces will take lessons from the City of Cape Town consequences management blueprint to arrest the well-established national culture of impunity.

Santaco must be made to pay for what they broke. Period.