Shelter where the lives of abused women are mended
For 16 Days of Activism for No Violence Against Women and Children, Independent Media will bring you the harrowing true stories behind the statistics. Please don’t look away. We can all make a difference by supporting victims and the organisations that wo
PROSECUTORS across Ekurhuleni have allegedly let child victims down by failing to prosecute more than 170 cases in which they were victims of abuse.
As the 16 Days of Activism campaign winds down this week, one advocacy group has urged the prosecutors to ensure swift justice in those child abuse cases.
According to Women and Men Against Child Abuse (WMACA), these scores of cases have been stalled – some for years or withdrawn entirely – due to officials insisting on DNA evidence before going ahead with a prosecution.
However, the National Prosecuting Authority (NPA) has denied the allegations and WMACA’s statistics, saying it is doing its utmost to prosecute child abuse matters.
WMACA operations director Vincentia Dlamini provided The Star with a list of cases the organisation has dealt with at its help centres, where senior public prosecutors (SPPs) at courts across Ekurhuleni have either chosen not to prosecute or spent months without making a decision to prosecute.
Statistics show the worst offenders are the courts in Benoni, Brakpan, Tsakane and Springs, where multiple child-abuse cases have stalled over the past two to three years.
Dlamini said that in the numerous cases where the SPPs have chosen not to prosecute, it usually comes down to a lack of DNA evidence.
But for many children, it can take some time before they are willing or able to disclose a rape or sexual assault, meaning DNA is rarely available unless the perpetrator is caught in the act.
The lack of DNA evidence can be supplemented by a wealth of other evidence, particularly testimony from the child if they are counselled and prepared for court proceedings, according to Dlamini.
“The only way a child abuse case should not be prosecuted is if there is no DNA evidence, no witnesses, no medical findings (J88 reports) or the child – after therapy – still cannot speak about the incident,” said Dlamini.
“We also need to dispel the myth that children would lie about these incidents. Trained professionals speak with the children afterwards and can tell if there is anything untoward,” she said.
But the NPA has insisted the allegations are false.
“Dockets are attended For Women and Men Against Child Abuse (WMACA), the withdrawal of the rape case of nine-year-old Lungile* is an indication that the National Prosecuting Authority is failing in its obligation to young victims of sexual abuse.
It was in February 2015 that Lungile’s mother Lindiwe* first laid a charge of rape on her daughter’s behalf at Dawn Park police station in Boksburg.
Their next-door neighbour had allegedly abducted and raped Lungile on two separate occasions, but she was too afraid to report the incident as he had threatened to kill her family if she told anyone about the abuse. immediately and we do consider evidence other than DNA,” said NPA spokesperson Luvuyo Mfaku.
Providing data from the four above-mentioned courts, he said WMACA’s own statistics were incorrect.
The Benoni court said that of the 31 child abuse cases they have dealt with in recent months, only 12 were not prosecuted. The reasons cited for not prosecuting were: “Lack of prospects of successful prosecutions, accused not properly linked, or medical evidence contradicts version of the victim.”
The Benoni court said where DNA was available, it was “a bonus”, but all evidence was considered before enrolment of the matter and that all matters were given immediate attention, with no cases sitting with the senior or
It was only after the second rape that she finally revealed to her mother what had happened and after a medical examination confirmed that penetration had occurred.
While police arrested the neighbour, he was quickly released on bail. But months later, a letter came out of the blue from the SAPS saying that the case would not be pursued, with only one reason mentioned: “No DNA result.”
Despite her own attempts, Lindiwe was unable to hear any further information from the police or NPA about why they would not pursue the case, even though her daughter would be able to testify against her alleged abuser. Only after Lindiwe’s employer became involved, sending control prosecutors.
The acting senior public prosecutor at the Springs Magistrate’s Court, Johan du Preez, also told Mfaku there were only two dockets in his office currently that had been forwarded to him for a decision to prosecute.
“If there is sufficient evidence even if DNA is not available we will prosecute,” said Du Preez, adding that he did not know where WMACA got its figures.
The Brakpan and Tsakane courts also denied the figures, with Brakpan saying it had finalised 32 child abuse cases in the past three years.
The Tsakane court said it currently had 31 abuse matters on its roll, but that only three had been referred to the Director of Public Prosecutions, all of which saw the prosecution continue.
Dlamini said the NPA determined its success rate through the number of convictions. the NPA a formal legal letter through an advocate, that they responded and said they would reconsider opening the case.
Even though the family received a response in October this year saying the complaint had been noted by the NPA, they have heard nothing since. Meanwhile, the neighbour has since fled from his home, and his location is seemingly unknown.
“This is not right at all. My daughter is still traumatised. The police won’t help me. I have heard nothing from the NPA,” Lindiwe told The Star, barely able to contain her tears.
While queries about the matter were sent to the NPA, no response was given by the time of publication. *Not their real names FOR YEARS, Lindiwe* suffered sexual and physical abuse at the hands of her boyfriend and the father of her child.
One day, however, she made the brave decision to leave him as well as get a protection order against him. That was six months ago.
As the country marks the annual 16 days of Activism for No Violence Against Women and Children, centres for women looking for a place of safety are full to the brim and many are functioning because of the generosity of churches and NPOs.
“It was a Sunday when I finally left him,” Lindiwe recalled. “We had been invited to a party and he got drunk. He slapped me and then started beating me in front of everyone. I ran away and he followed me. I managed to get to my aunt’s house and stayed there for two days before social workers referred me to this shelter.”
Lindiwe has managed to cut ties with her ex and is looking forward to exiting the shelter and embarking on a new life. However, she remains emotional about the trauma she underwent. “He forced me to have sex with him and often he would lock me in a room. He was very jealous. Even if I was with the girls, he thought they would attract men,” said Lindiwe, who has three scars on her face from the physical abuse she endured. When Lindiwe arrived at the women’s centre, she didn’t have an ID or her one-year-old son’s birth certificate.
Since her arrival at the shelter, she has been taught beading, earring making and computer skills. “I have learnt so much from the social workers and we have been taught a number of skills so I can try to provide for my son when I leave here,” she said.
Deli Dube, a social worker for the victim empowerment programme of another shelter in Gauteng, said that when they can’t house a walk-in victim or one referred by the SAPS, they take them to another registered institution.
The shelter can house abused women and their children for six months, so those institutions are usually full. “We give them six to seven months to add to their skills and receive counselling. We also help them with documents and applying for grants,” Dube said.
One of the first things the victim was encouraged to do was take out a protection order against the alleged abuser within a week. That serves as proof that the woman has been abused and assists the shelters to keep the alleged abusers from communicating with their victims. “The protection order also shows the abuser that the matter is now between them and the law. The shelter is often their last option and my responsibility is to strengthen the family support system and help them integrate back into society,” she added.
An application for a protection order may be brought on behalf of the complainant by any person with interest in the well-being of the complainant. Dube said her shelter can accommodate 20 people and currently has eight women and 13 children. During the 16 days, they were planning a doorto-door campaign, telling residents the process to follow when there is suspected abuse.
*Name has been protect the victim
At least 170 such cases have been identified