Introduction

It is said that courage can be likened to fire and bullying can be

likened to smoke.1 Bullying is a phenomenon that is elusive, conniving
and hard to define properly because times change and so do means by
which to inflict harm upon others. It is thus stated that bullying
behaviour is a cowardly action, in all probability caused by some or
other childhood pain.2 In order to remedy the problem, one has to find
and treat the root. One can not hope to solve a problem by merely
scratching the surface. In recent years, school bullying and related
violence have escalated to the point where multiple newspaper reports
pertaining to bullying-related incidents are published annually.3 Ideally,
even on school level, a spirit of ubuntu4 ought to be maintained. An
important quality, which would ultimately bring an end to bullying, is
mutual respect. Respect for oneself, respect for peers, respect for
authority figures. This study aims to explore bullying; to examine cause
and effect and to propose possible solutions from a legal point of view.
It must be borne in mind that bullying behaviour has certain legal
consequences, even though the alleged bully may be a minor. A myriad
of rights come into play when bullying is considered, from a criminal as
well as civil law point of view, not to mention, most importantly –
constitutional rights.5
Statement of the Problem

Research is a systematic investigative process employed to

increase or revise current knowledge by discovering new facts.
It can be divided into two general categories: (1) Basic research,
which is inquiry aimed at increasing scientific knowledge, and
(2) Applied research, which is effort aimed at using basic
research for solving problems or developing new processes,
products, or techniques.
The first and most important step in any research is to identify
and delineate the research problem: that is, what the
researcher wants to solve and what questions he/she wishes to
answer. A research problem may be defined as an area of
concern, a gap in the existing knowledge, or a deviation in the
norm or standard that points to the need for further
understanding and investigation. Although many problems turn
out to have several solutions (the means to close the gap or
correct the deviation), difficulties arise where such means are
either not obvious or are not immediately available. This then
necessitates some research to reach a viable solution.