Rape victim, 8, ‘denied justice’
Tafelsig family claims alleged inefficiency and corrupt action of detective led to the case being withdrawn
THE family of an eight-year-old rape victim in Tafelsig claims the alleged inefficiency and corrupt action of a Mitchells Plain police detective led to the case against the alleged perpetrator being withdrawn.
They have approached the provincial police Ombudsman for assistance.
The child’s 39-year-old mother, who cannot be named, said in December 2019, when her daughter was 6 years old, she was allegedly “sodomised” by her former stepfather, who worked as a nurse in a government hospital. A doctor's examination, performed at a Thuthuzela centre in Heideveld, showed that her daughter had five scars on her anus, she said.
The family said they became aware that the case had been withdrawn only after a female friend of the alleged perpetrator, working as a clerk at Cape Town Central police station, had a disagreement with them, and revealed that the case had been long been withdrawn.
“The friend made allegations of a bribe paid by the alleged perpetrator to the investigating officer. As a family, we have been in the dark while the investigating officer was doing everything to jeopardise the case; constantly covering up for the alleged perpetrator and hiding crucial information from the family and humiliating me,” she said.
“I reported this to the police station authorities and asked for the detective to be changed. I explained that the detective treated me unfairly, was disrespectful towards me and constantly shouted that I was asking too many questions. On the third occasion, I went with two family violence officers, but our concerns were ignored.”
The child’s grandmother, who also cannot be named, said the family wanted the law to take its course.
“We want the alleged perpetrator to be jailed and the investigative officer to be punished for what he did. They have both caused the family a lot of suffering and pain. The detective is a representative of the law and we cannot allow him to do the same thing to another family,” she said.
Police spokesperson FC Van Wyk said a rape case had been registered at the Mitchells Plain police station for investigation. He said the case had been provisionally withdrawn but could not provide reasons for why that had happened.
Van Wyk did not respond to the family’s allegations and referred the enquiry to the National Prosecuting Authority (NPA) for further response.
NPA spokesperson Eric Ntabazalila did not respond to questions.
Western Cape Police Ombudsman spokesperson Deidre Foster confirmed that they received the complaint and said it was being investigated. “Our office will maintain regular contact with our complainant in respect hereof,” Foster said.
Anti-GBV activist Lucinda Evans demanded that the NPA provide reasons for why the case was withdrawn.
“While we are still shocked and horrified that the NPA has postponed a rape and murder case of alleged child killer Moyhdian Pangarker, it has now failed yet another child. Is this child ever going to get justice in her life?” Evans asked.
Community Safety MEC Albert Fritz said in the last quarter of 2020 his department’s Court Watching Brief Unit monitored 139 cases of which police responded to 117.
Fritz said out of the 139 cases, 42 involved gender-based violence which included rape and sexual assault.
“The systematic failures which occured most prevalently in these offences were either dockets not brought to court timeously, investigations remaining incomplete, outstanding forensic reports or complainants did not come to court.
“The department sends the reports to SAPS on a quarterly basis in order for SAPS to take remedial action or, once the investigation has been finalised, the matter is once again placed on the court roll,” he said.