Forty-three years on, man learns of ‘sex offence’ conviction

ABOUT 43 years ago a teenager who was then in Grade 11 happened to be in a position to rescue and save a child from possible rape or indecent assault.

He subsequently became a witness in the trial of the culprits.

However, he recently discovered that his police record showed that he had in fact been convicted as an accomplice.

The man, whose identity is not revealed to due to the sensitive nature of the charge, said he only discovered he had a criminal record when his employer called for a police clearance to promote him.

He worked for the SANDF as a researcher. The SANDF wanted to ensure he didn’t have a criminal record before it agreed to promote him.

The man, who is now 63, said he had an assault conviction years ago, but he applied for this to be expunged from his record.

But to his surprise, he discovered there was another conviction behind his name. He denied that he ever indecently assaulted anyone – let alone the girl he tried to save.

He tried in vain to obtain clarity on the situation from the police, but they refused to give him a certificate that cleared his name. He also feared that his name would be listed in the National Register for Sex Offenders.

He has now turned to the High Court in Pretoria, to force the national commissioner of police to issue a written confirmation that he was never convicted on a charge relating to a sexual offence against a child.

The court ordered the SAPS to issue this document within 20 days.

The man, only identified as S, said he was totally confused about the situation. As he recalled, he was a witness, not an accused. The others received jail sentences, but the magistrate in 1975 gave him a warning and sent him home. “He told me I shouldn’t be roaming the streets at night and must not find myself in that situation again.

“Although I did not understand what the magistrate meant at the time, I never received any punishment or sentence. In all these years I was never aware that I had a previous conviction of indecent assault on a minor… It was only when I applied for the police clearance that I became aware of my previous conviction of committing an indecent act with a girl under 16.”

He said he went to the Kliptown police station to obtain the case docket, but as it was so long ago, there were no records.

He explained that he was born in Soweto in 1955. In 1975, at the height of apartheid, he was doing his Grade 11 (then known as Standard 9) at a school in Pimville.

“During my high school years I used to sell fruit at the train station at night to help my family financially. On one of those days I came across a group of about three young guys attacking a young girl,” he said.

“I assisted and rescued her, and accompanied her home to her parents. I explained to them what happened and told them I was willing to point out her attackers.”

He said the police arrived at his home and took his statement. Later that year he received a summons to appear in court to testify against the culprits. “During the proceedings, I was called as a witness to testify against the three. I did not consider myself an accused. They got jail sentences and I was warned to stay off the streets and told to go home.”

He said he now had four children and a job, and could not have this uncertainty hanging over his head. “I wouldn’t have had to turn to court if the police did their job and clarified the situation.”

During the proceedings, I was called as a witness. I did not consider myself an accused. They got jail sentences, and I was told to stay off the streets