Weekend Argus (Saturday Edition)
Childrens’ home served with eviction notice
Orphanage manager due in court for fraud and abuse
JUST nine days after 17 children were removed from a controversy-plagued Woodstock orphanage, the City of Cape Town has issued an eviction notice for the Melbourne Road property.
The notice was issued to the management of the Al-Noor Orphanage on Thursday – three years before its lease was due to expire. Staff from the orphanage were given until 5pm yesterday to vacate the premises.
Orphanage facility manager Nkululeko Mboniswa said he understood the land was to be used for social housing.
“Our lease is valid until 2022. This seems like a plot to get the land so it may be used for social housing,” he said.
The city said its Property Management Department would determine the future use of the property in due course.
The eviction notice comes in the wake of allegations of sexual assault of a number of children who were housed at the facility and removed, leading to the Department of Social Development suspending the orphanage’s registration earlier this month.
The department conducted a preliminary investigation into the situation at Al-Noor after being alerted by a child who had lived at the centre.
Orphanage manager Amina Okpara was arrested by the Hawks for fraud and corruption on June 14 – two days after the orphanage was shut down and 17 children removed. She now faces further charges, including that of sexual offences.
It’s alleged Okpara redirected donor funds meant for daily operations of the centre into her personal bank account. She was arrested during a sting operation by the Hawks’ Serious Corruption Investigation team.
At the time of the arrest, there were 35 children in the building for whom no records existed on the premises.
The City of Cape Town confirmed the eviction notice, saying it had received information from the provincial Department of Social Development that the orphanage had been de-registered.
“In light of this, as well as the controversy surrounding the orphanage, the city has terminated the lease agreement. According to the principal lease agreement, the property may only be used for the purpose of developing and operating an orphanage and related facilities,” said spokesperson Luthando Tyhalibongo.
“The department’s primary responsibility is the safety of the children, so it has suspended the registration of the centre pending the final outcome of our investigations into the matter. When it comes to any allegations of abuse or neglect against children, we cannot afford to take any chances,” Joshua Covenant Chigome, spokesperson for MEC of Social Development Sharna Fernandez, said.
In an attempt to save the embattled premises, Mboniswa had called for an urgent meeting with the mayor, but said it proved to be fruitless after the city said it would be sending security to enforce the eviction notice.
Mboniswa said that by 7.45pm yesterday, no security personnel had entered the premises to enforce the order and staff remained uncertain as to what would happen during the course of the evening.
Mboniswa said while they were in support of the investigation against Okpara, they did not like the manner in which things had been handled by the department. “We will co-operate, however, allegations remain allegations until proven otherwise. Anyone who is guilty of any of those allegations should feel the full might of the law,” he said.
Okpara will appear in the Cape Town Magistrate’s Court on Tuesday for a bail application.
SOUTH African child law provides a guideline for the implementation of the rights of the child. It obligates duty-bearers and those responsible for the care, safety and protection of children to act in the best interests of children.
Government departments, their officials and workers, as well as NGOs and private individuals, all have obligations not to harm children.
And at the core of child rights law and implementation is accountability. Accountability is an instrument and a process by which the government and NGO role-players are required to implement, demonstrate, explain and justify how they have fulfilled their obligations to realise the rights of children.
Recent allegations of serious complaints of physical and sexual abuse of children; misconduct, fraud and corruption, are cause for serious concern. Headlines reported that 17 children were removed, and that the founder and head of the Al-Noor Orphanage had been arrested.
This orphanage has been plagued by scandals. In 2006, the facility was closed down by the Department of Social Development (DSD) following allegations of a social-grant scam, and children recruited and forced to wear “Islamic clothing”, and given Muslim names.
An official from the National Youth Commission was suspended for alleged links to the social-grant scam and a Home Affairs employee allegedly used contacts in the department to arrange birth certificates and identity documents for children at the orphanage.
There were also allegations of abuse, children being used in prostitution and drug pedalling a year earlier. In 2010, there were again allegations of fraud and misuse of funds meant for children to watch Fifa World Cup matches.
Various investigations were conducted. The DSD, the Hawks and the orphanage investigated the allegations and promised to bring charges against those implicated and responsible for abuse and exploitation of the children.
How, then, is it possible that after all these years, all the allegations, the removal of children, the investigations and suspensions that Al-Noor continues to operate and be plagued by serious allegations and fraud claims?
Al-Noor is a registered childcare and youth facility for orphaned children. The government and NGObased social workers refer children to its facility. It therefore must comply with the laws and policy guidelines for childcare centres; and monitoring and reporting guidelines of funders. Why is this continuing? Is it a case where all duty-bearers in fulfilling the rights of the child have failed these children, those orphaned and poor?
Has the DSD failed to monitor, evaluate and hold Al-Noor to account? Why hasn’t anyone been prosecuted and sentenced by now? Were these allegations false and unfounded?
There are so many unanswered questions and all parties seem to have failed to report on the outcomes of their inquiries and interventions to the media and public. We need to know what was done over the years to address these allegations and safeguard the children at Al-Noor.
Or is it because there is a lack of accountability, monitoring and compliance by the role-players involved? The DSD, Hawks and Al-Noor are accountable to the children. They have a duty to make sure children are respected, protected and not harmed. That is what they are supposed to do, and if they do not or cannot; then the children and their representatives must have some recourse; and hold them to account.
Perhaps it’s time for an independent monitoring body to investigate these allegations, identify any offences that were committed; and assess whether Al-Noor is fit to care for orphaned and vulnerable children.
The investigation must review the responses and efforts by the DSD and the Hawks over the years, and action taken to safeguard affected children.
Once appointed, the Western Cape Commissioner for Children will provide another mechanism for child rights accountability, specifically for children in the Western Cape.
The commissioner will be able to promote, monitor and report on the implementation of children’s rights and the violation of their rights.
The commissioner will also receive and investigate complaints, as well as sanction those who fail to respond, provide information, allow access or implement its recommendations.
The rapid finalisation and proclamation of the Western Cape Commissioner for Children’s Act of 2019 is urgent.
The act also provides for the involvement of children in the appointment and work of the commissioner. All children in public and private schools and care facilities must be informed, encouraged and supported to report when their rights are violated. This improves accountability.
Monitoring and reporting on progress made in implementing children’s rights is an important part of holding duty-bearers accountable and help to remove barriers to service provision and the safeguarding of children.