The Asian Age

SA rape victims struggle against policing flaws

- Susan Njanji

Vosloorus, South Africa: South African chef Nthabiseng Mabuza, 35, was on her way to work and the only passenger in a public mini-bus taxi when she was raped by the driver.

Her alleged attacker was arrested at the scene after she shouted for help to a passerby who flagged down a police patrol car. Although the suspect was held in custody for several months, he was later freed on bail.

Two years on, the case has not yet come to court and the accused has vanished.

Mabuza, a pseudonym as she did not want to be identified by her real name, is dumbfounde­d and angry at the police for releasing the alleged rapist and says she lives in fear that he is roaming the streets.

Her case is one example of the struggles that rape victims face and how they are treated by the police in South Africa, where tens of thousands of people are sexually assaulted each year.

“The day when I was supposed to testify, he (the alleged rapist) was nowhere to be found,” Mabuza told AFP, recounting the day last year when she went to court hoping the trial would finally start after being repeatedly postponed.

“Since then, nothing has happened,” she said, flanked by her husband, 45, at their home in Vosloorus, a middle-class township east of Johannesbu­rg.

Her efforts to find out what was going on from the investigat­ing officer proved futile, despite what she believes is overwhelmi­ng evidence of the brutal pre-dawn attack not far from Vosloorus.

Police minister Fikile Mbalula has vowed to overhaul the system after admitting there is something “wrong in the administra­tion of justice at our police stations.”

“We need to respond to the outcries of millions of our people that our police force does not respond adequately (to rape cases),” the minister told AFP in an interview.

He said his department would now do “what we are supposed to do so our police stations are functional and they do everything at their disposal to assist victims of abuse”.

BLAMING THE VICTIM

Mabuza’s husband flips through photograph­s showing images of his wife, the bloodied mini-bus in which she was raped, her earring ripped off during the assault and a piece of synthetic hair extension lying in the grass.

“This happened in 2015, now it is 2017, the guy was apprehende­d on the same day,” he said, letting out an exasperate­d sigh.

The couple is bewildered at how an alleged rapist could have been freed on bail.

South African police are accused by NGOs, women’s and human rights groups, academics, the media and some legislator­s of being insensitiv­e to victims and slow in their investigat­ions.

Conviction rates from the reported cases are low at under 10 per cent, according to several independen­t studies.

A soon-to-be-published report, of which AFP was given an advance copy, entitled Rape Justice in South Africa, studied data from 2012 and found only 8.6 percent of cases that went to trial ended in a guilty verdict.

Prosecutor­s declined to prosecute 47.7 per cent of the cases referred to them by the police, due to the likely success rate based on the available evidence, according to the report conducted by the South African Medical Research Council, a government­funded research agency.

It concluded that there was “substantia­l” underrepor­ting by victims due to “discrimina­tory police attitudes and the fear of secondary victimisat­ion.”

Victims are “not happy with the way in which police handle their cases. There is a general lack of trust,” said Marike Keller, an activist with an advocacy charity, Sonke Gender Justice. “There is a lot of insensitiv­ity, a lot of victim-blaming,” she said.

 ?? — AFP ?? South African chef Nthabiseng Mabuza (pseudonym) stands outside her home in Vosloorus, near Johannesbu­rg.
— AFP South African chef Nthabiseng Mabuza (pseudonym) stands outside her home in Vosloorus, near Johannesbu­rg.

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