Justice groups demand urgent reforms to protect children from sexual abuse

Justice groups have called on the government to prioritise the reform of the justice system, education system, and child protection services to ensure that all children, especially girls, can grow up in a safe and supportive environment.

This comes in the wake of the recent news of the rape of a seven-year-old girl in Matatiele which has sparked national outrage and seen thousands protesting for justice, with the survivor and her family having experienced unimaginable trauma.

In expressing their concern, the gender equality programme of Lawyers for Human Rights (LHR) and the Equal Education Law Centre said this incident, which allegedly occurred six months ago, has still not seen adequate investigation and accountability.

“It is another stark reminder of the urgent need to remedy systemic failures in how sexual and gender-based violence (SGBV) is addressed, particularly in schools.”

They also expressed concern regarding the handling of the situation by the criminal justice system and other accountable stakeholders. “We demand that the authorities take swift and decisive action in this case and in all cases of SGBV involving minors. There must be full accountability for the perpetrators, and effective prevention measures must be put in place and accounted for,” Kayan Leung of LHR said.

According to her, SGBV in schools reflects the extreme gender inequalities and violence which manifest across South Africa. These two organisations commented that this recent tragedy is not an isolated incident. At least two other reported incidents of the rape of children of similar ages in Matatiele have surfaced.

In 2022/23, there were 19,418 reported cases of common assault and assault with intent to do grievous bodily harm against children nationally – approximately 45% of all reported crimes against children.

Rape was the most reported crime against children, accounting for 38.3% of all cases involving minors. Leung said schools should be safe spaces for children to learn and grow. The disturbing reality is that many schools fail to provide a safe environment, particularly for girls and vulnerable children.

“While SGBV in schools is inherently debilitating, its harm is exacerbated when schools and the State fail to respond urgently, sensitively, and consistently. It is especially outrageous that, in some schools, parents and caregivers are not even made aware of crimes perpetrated against their children.”

Leung also expressed concern regarding the delays and obstacles in DNA testing and evidence collection. DNA collection and testing are critical for justice in sexual violence cases, which are undermined by processing delays, insufficient forensic resources, and bureaucratic inefficiencies.

These delays can have devastating consequences for survivors who face further trauma and uncertainty as they await justice, including the risk of facing their alleged perpetrators or of suspects within their communities roaming freely, she said.

In a recent Portfolio Committee hearing, the SAPS Forensic Science Laboratory reported a backlog of over 140,000 cases. “Government must ensure that forensic DNA testing services are adequately funded and equipped to handle the increasing volume of SGBV cases, eliminate DNA testing backlogs, and prevent unnecessary delays.”

Both LHR and the Equal Education Law Centre also expressed concern over how some of the media handled this latest case and cautioned that sensitivity is necessary. They meanwhile said access to justice remains one of the most significant barriers to accountability for SGBV in South Africa.

Many victims cannot afford legal costs and need psychological support during the trial and they should be assisted in this. But, they said, prevention is key in addressing SGBV. “It is essential that SGBV prevention programmes are integrated into the national school curriculum – all children must know their rights and available support mechanisms,” Leung said.

zelda.venter@inl.co.za