A 14-yr old girl, took police to a room at the back of a shop in Discovery Florida, Jonannesburg, on Tuesday 7 May, and identified a shopkeeper as the man who  had raped her. The alleged rapist was then arrested.  The young girl had been sent by her mother to buy a loaf of bread from the shop – the young girl was dragged to the back of the shop, held at gunpoint and raped 3 May.  We are shocked and angry that the police released this dangerous child rapist yesterday 9 May, back into this community before concluding a thorough investigation!  The alleged rapist is from Pakistan – a flight risk! According to the Prosecutor at the Roodepoort Court who said that the police had not yet followed prescribed   procedures and had not taken a blood sample from the alleged suspect  required as crucial evidence to be used to match DNA samples taken from the victim during the medical. He also said that the medical, which said that sexual penetration could not be excluded, was not enough evidence and he therefore made the decision to remove this case off the court’s roll until further investigation! When  asked who would be accountable if this man rapes again, while an investigation takes place, he said the police! According to the young girl’s grand-mother who accompanied the victim and the police, the alleged rapist at the time of his arrest denied knowing the girl but at the same time kept apologising to her!. The traumatised girl disclosed her horrific ordeal to a school friend, Tuesday 7 May, and the school management then alerted the child’s family who took the child to the nearest police station.  The young victim could clearly identify the perpetrator and described the room before the alleged rapist was arrested.   The investigating officer did not remove any items or possessions of the rapist from the room which could be used for forensic investigation.  According to the investigating officer, the young girl had not mentioned blankets or specific items, which were clearly visible in the room at the time of the alleged rapist’s arrest; therefore she did not see the need to remove anything. WMACA has sent reports to SAPS and to the NPA demanding that every effort is made to get this case into the courts as soon as possible and that a blood sample is taken from the alleged rapist who must be held in custody! The police have let a child victim and this community down . We want a full investigation into the mishandling of this case by the State’s own ‘gatekeepers’, police and court officials.  Why were specialised police members not assigned to this serious case of child rape? We want to see accountability and action taken for duties not performed and we want to know why was prescribed protocols not carried out.  WMACA will attend and monitor the court hearings as well as SAP’S following investigations.

‘We at WMACA don’t believe that the Catholic church or any religious leaders should dictate policies to the Department of Education  –  we are a secular society!’, says Vincentia Dlamini-Ngobese, WMACA Spokesperson!

Cardinal Wilfred Napier, head of the Catholic church in SA, has dismissed the plan to distribute free condoms by the KwaZulu-Natal education department as “short-sighted” and “immoral” and “No condoms would be distributed at schools built on Catholic Church property”, according to a report in the Sunday Times.

‘As an organisation defending the rights of children we believe that by not providing condoms we are not taking care of children’s sexual health and well-being’, says Vincentia.

‘We agree with MEC Senzo Mchunu’s decision which followed a conference last month to find solutions to sexual abuse, teen pregnancy and HIV/Aids and other sexually transmitted diseases and substance abuse in the province.

Distributing free condoms is not about condoning sexual activity nor will it increase sexual activity but rather offer a safe option for those students who are sexually active and therefore, should practice safe sex.

However, condoms distributed on their own are not the solution. The Education department must also ensure holistic educational programmes engaging children on appropriate healthy sexual activity promoting abstinence at the same time.  Contraception is not the only resource that should be freely accessible o learners – what about better equipped libraries, sport facilities, computer and science labs.

Our teenagers need an effective and quality education that helps them to value their bodies, protect their wellbeing, and prepare them to make sensible and responsible life choices. Moral children in turn will become, to a greater extent, moral parents and the cycle will perpetuate. This will make for a morally-conscious society, the benefits of which are self-evident. At no cost should we give up on weaving morality into our national fabric.

Parents need to invest and play a more active role in the lives of their children and teachers need to educate their learners correctly.  An earnest effort should be made by every citizen to re-establish the moral code of conduct regarding males and females in homes and society, in rural settlements and urban areas.

“Once something is distributed by people in authority, children take it as an okay. I cannot understand the lack of insight into the psychological damage that is being done to the younger generation,” Napier told the Sunday Times.

If the catholic church could guarantee non abusive clergy, some who have caused untold psychological damage to children over the centuries by molesting and raping them – if the church and all other religious leaders could guarantee perfect adult role models, espousing this ideal of abstinence they might be able to make a difference to learners to motivate them to follow suit.

Again today we see another international scandal emerge from the Catholic church in its pursuit to elect a new Pope. Cardinal Keith O’Brien Archbishop of Scotland was dismissed with immediate effect by the Pope – molesting student priests – he was in close ties with Jimmy Savell, infamous BBC pedophile, ordained by the Catholic church.

The question to ask – if the church and religious leaders are not wanting to follow the South African school set up – then what is their angle in light of the pervasive sexual pathology that is evident in the catholic church and other religious institutions– when the issues of sexual abuse, teen pregnancy and HIV/Aids and other sexually transmitted diseases and substance abuse arise  in their schools – how will they manage these issues?

Proceedings in the case previously called the Soweto Video Gang Rape were postponed today, until the 27^th of March 2013. Vincentia Dlamini, our WMACA Spokesperson present at the Roodepoort Magistrate’s Court this morning reported that the case has been postponed to March 2013 as three of the alleged suspects are currently writing exams.

WMACA have been following this case from the start, as we are concerned about the welfare of the juveniles involved – the victim and the offenders – and we want to understand the circumstances in an environment which produces this type of sexual behaviour among teenagers.

A video of seven young men seemingly gang-raping a 17-year-old mentally challenged girl, went viral earlier this year, sending shockwaves here and abroad. 

Only when the court hears the results of a required report from the Department of Public Prosecutions will we know whether or not the victim is intellectually challenged and if so what her intellectual capacity is – which is crucial to determining her ability to give informed consent which in turn will influence the charges to be brought against the remaining suspects. Furthermore, charges relating to sexual acts with a mentally disabled person rely not only on the mental ability of the disabled person, but also the offender/s’ knowledge of the fact that the victim was disabled and could not consent.

 ‘Even if the other charges are dropped, some of the suspects might still face charges of engaging the sexual services of a minor for reward, using a minor to create child pornography, possessing and distributing child pornography, committing a sexual act in the presence of a minor, and committing a sexual act in the presence of an adult’.

‘WMACA will continue our demands on the criminal justice system to appoint highly trained personnel to conduct immediate and effective investigations and psycho-social assessments to ensure effective services to rape victims – especially child victims – to prevent inaccurate charges which create unnecessary delays and disruptions to children’s lives, such as we are seeing now in this case!’ says Vincentia.

‘This very serious case involving around 35 child victims between the ages of 11yrs old to 14yrs old started at 11am this morning after other less serious cases postponements were cleared by the Magistrate at the Palm Ridge District Court 2. The rapist, Sfiso S. Makhubo was brought in chains and a copy of the indictment was handed to the accused and his Defence.  Before announcing that this case is remanded to 22 July 2013 for trial at the High Court to run until October 31 2013, The State Prosecutor, Joyce Xhakaza then read out all 121 counts dating back to 2006 against him which include charges kidnapping, rape, attempted murder, physical assault contravening sections of the firearm control act, robbery with aggravating circumstances. His HIV status was highlighted on his attempted murder charges – he raped his victims knowing his positive status whose health could be forever compromised by this monster!’   

‘Surely the State does not need a whole year to complete their investigations!’ says an irate Vincentia Dlamini-Ngobese.

‘From the matched DNA samples we know that the accused has raped children since 2006 however it is not known if there were victims before then’, says Vincentia, ‘the 36 yr old Thokoza resident was arrested early this year, 2012 after one of his victims followed him to his house after he had raped her. The victim alerted community members who assisted the police in arresting him’

The State argued that in order to complete its investigation, meaning assessment reports, HIV testing of all involved and court preparation for each victim, it was postponing the continuation of this case until the 22 July 2012!

The court announced that this dangerous perpetrator is to be moved to the Krugersdorp prison today to be closer to Sterkfontein institute for psychiatric observations.

‘We are shocked and disappointed at this decision to postpone this case for a whole year! In the end it’s the victims who will suffer’, says Vincentia. ‘Rape cases involving child victims should be prosecuted with urgency to eliminate unnecessary secondary trauma. This is a serious case involving around 35 child victims between the ages of 11yrs old to 14yrs old, some of whom have already received appropriate therapy at WMACA’s Boksburg Kidz Clinic. 33 DNA samples have been matched to the alleged rapist and you would think it would be treated as a top priority case at all times!’

There have been too many postponements this year. This is not the first time we are expressing our outrage at how this case is being managed by our justice system. Court proceedings started on 23 April 2012 at the Alberton Magistrate Court and we witnessed postponements on 9, 14 and 31 May and then 6 June,( when it was decided to move this case to the sexual offences court at Palmridge Court), we were horrified that this dangerous alleged serial rapist and other inmates where moved to another court room through the corridors of the court building, un-cuffed, putting perpetrators and victims in the same area together and the case was kept waiting while postponements of other far less serious cases were heard.  This was a violation of the victims’ rights!’ says Vincentia.

 ‘We expected more from our justice system today – we are not happy that the State needs a whole year to investigate this case further! We were relieved that this case has moved from the Alberton Magistrate Court to the Palm Ridge Court and now we are satisfied that it will be heard by the High Court which is where this very serious case should have been heard from the beginning as a top priority case managed by highly trained specialists!’

13 August 2012

Women & Men Against Child Abuse (WMACA) members waved goodbye to the serial rapist as he was led down to the cells after sentence was passed. We were satisfied with the 5 life sentences for rape, to run concurrently, for the serial sex offender, 25 year old Hans Tsepho Maloka, who terrorised young boys in the Tsutsumani area between 2010 and 2011 and became known as the “Tsutsumani Fridge Rapist”. Maloka lured boys aged 11 to 17 into derelict areas of Alexandra, asking them to accompany him to help carry a fridge. He then raped his victims and robbed them of cell phones and other possessions.

 ‘We are pleased with the five life sentences for this perpetrator, but would have preferred a life sentence for EACH of the eleven victims that he raped, and to run consecutively, so this monster never gets out of prison’.

‘WMACA has monitored this case from the start, attended all court hearings and protested in support of justice for the child victims in this case since February this year and our efforts have paid off!’

Maloka was brought up to court in leg chains. An interpreter was called in to translate the pre-sentencing and victim impact reports. The accused listened impassively as the reports were summarised by the Prosecutor who added that Maloka did not show remorse and denied the barbaric incidents which caused horrendous trauma to his young victims, who have since displayed severe behavioural changes as a result of their ordeal. The magistrate said that the victims will never forget, and the victim impact reports confirm that they are afraid of the places where it happened, have all experienced nightmares and some have had to get anger management counselling. One of the victims even had to leave school because other children made fun of him.

The Magistrate sent out a strong message today that rapists will not be tolerated in our society and must be removed in order to protect our children. Maloka received five life sentences for 6 counts of rape to run concurrently as well as five fifteen year sentences for armed robbery and a six year sentence for robbery. The Magistrate further requested that Maloka’s name be entered into the Sexual Offences Register.

Last year, WMACA’s Alexandra Kidz Clinic staff alerted the police’s FCS Unit to the possibility of a serial rapist, after attending to a number of rape victims who disclosed the same story. Kidz Clinic Alexandra Social Workers have since counselled eleven of his child victims and have assisted with preparing them for their court appearances.

Maloka was positively identified by victims during an identity parade, after he was spotted by one of his victims who, with the help of his friends, caught Maloka and handed him over to the police.

Justice at last for a young girl who was continually sexually abused by her stepfather from the age of 3.

‘We at WMACA applaud Magistrate Philip Venter for his strong judgement at the Boksburg Regional Court today’, says Tania Otto, WMACA Spokesperson.  ‘This sentence is a victory in the on-going fight against the sexual assault of children. Child rape must be punished as severely as possible, to serve as an effective deterrent, if we are serious about eradicating this scourge and protecting the children of our country’.

The court room was tense and silent as the accused stood while Magistrate Venter announced two life sentences for rape and 10 years for indecent assault, to run concurrently. Furthermore, the child rapist’s name will be entered on to the Sexual Offences Register.  

In his comments before passing sentence, Magistrate Venter made it very clear today that the court’s duty was to pass sentencing as a deterrent to eradicate serious and violent crimes: ‘Rape is one of the most heinous crimes – it murders the victim’s self-respect and subjects them to mental torment for life’.  He added that our country has one of the highest rape figures in the world, especially those involving child victims, and our society’s demands for protection from child rapists must be taken into account – however, far too often children are abused because the offenders know they can get away with it.  He said that sentencing must act as punishment, deterrent and retribution, but must also be justified.

‘The court has a duty to guard the integrity of the judicial system and restore and maintain the public’s trust in our criminal justice system by passing appropriate but severe sentences’, continues Tania, ‘the state had proved its case beyond reasonable doubt through substantial evidence, professional assessments, Victim Impact reports and medical expert testimonies, one of which was WMACA’s Dr Yvonne Riester. The magistrate reiterated how this father had raped his daughter for many years behind closed doors with clever planning and psychological manipulation and yet does not accept blame and shows no remorse. ‘

Magistrate Venter called the victim’s mother to the stand and informed her that if/when any parole hearings are called, she could attend them and voice her objections.

The Legal Aid defence attorney submitted an application to appeal immediately and leave for appeal was granted.

We at WMACA fully support Magistrate Venter’s decisions and statements given today. Our Social Worker from our Boksburg Kidz Clinic, who has counselled the victim since this case was first reported, was called up to testify previously and is confident that the court had given detailed reasons for the conviction and that the sentencing is appropriate and that no other court will be able to contest the sentencing handed down today.

 ‘Today this court has sent out a clear message and warning to child rapists – there will be severe consequences for raping children!’  

We at WMACA are thrilled and relieved that the appeal of the state was successful against the Prins judgement

WMACA and other children’s rights organisations viewed the ruling of the Western Cape High Court on 11 May with the deepest concern and called on the Department of Justice and Constitutional Development, Parliament and the NPA to appeal the decision as soon as possible to ensure that current convictions remained in place.

 Now we call on both the Department of Justice and Constitutional Development, as well as the Justice Portfolio Committee, for greater public participation to review the entire Sexual Offences Act to ensure no possible loopholes remain and that no sexual offender will get away with his or her crimes.

WMACA members were at the Pretoria North Regional Court and were dismayed at what went on in the court room this morning – further delays were caused with all the wrangling about viewing of evidence and changes of defence counsels. We are nearly two years into this case and the trial has not commenced!

We at WMACA agree with the State’s argument that they cannot reproduce the video evidence but it is available to the Defence to view.  The State must protect the children and act accordingly. The court must decide what is in the best interest of justice and more importantly the court must act in the best interests of the children’s rights and protection.

Bail applications were amended as requested. Even though an application for a reduction in the amount of accused 1’ s bail to R15,000.- was granted he will remain in custody. All the other accused must report Monday, Wednesday and Friday between 6am and 9pm to either the Hammanskraal and Pretoria North SAPS stations. Written permission is needed from the investigating officer for any of the accused to leave the Wonderboom or Pretoria jurisdictions. The Magistrate postponed for decision on evidence to the 31 July, 2012.

Todays proceedings were delayed as accused number 1, had to be found in the holding cells, one of the Defence Attorney, Advocate de Jager was absent and only appeared at court midday and the newly appointed Investigating Officer, Captain Maleho claimed that he had not had sufficient time to view the evidence which he had only received on Monday 12 June.

I.O. Maleho has taken over from Tonya Louwrens the previous investigating officer who announced her resignation from SAPS as a result of what we all saw happening in the court at the last hearing in March.   Louwrens expressed feeling psychologically traumatised by the explicit evidence of this case and by having to bear witness to how the child victims are ignored and let down by our judicial system.  As Louwrens stated not once was the well-being of the children discussed in the court and not one of the child victims family members enquired on how their children are doing. Louwrens might have to testify at future hearings.

What we saw again today is a prime example of how the rights of the accused are upheld but the rights of the child victims are completely disrespected and their well-being disregarded. WMACA is very concerned about the secondary trauma that the child victims will endure after such a lengthy time lapse between when they first disclosed their abuse to finally when they will be required to testify.

The nine accused all members of a Pretoria family; face more than 100 charges of child rape and sexual abuse related to child pornography against their own and foster children. They are a grandfather, 58, grandmother, 57, their two sons from previous relationships, aged 34 and 36, the grandfather’s brother, 61, his wife, 42, and their son, who is reportedly mentally disabled. The 26-year-old wife of one of the sons was also arrested. The ninth person was a 31-year old woman believed to be the wife of accused number eight. She was arrested in January 2011 near Hammanskraal.

We were at the Alberton Magistrate Court to day to monitor court proceedings and finally the defence is ready for a bail application which will be heard on the 6th June – if you would like to join us in opposing bail for this child rapist case which involves around 35 or more children please join us -wear black and come to the Alberton Court from 9am 6 June

Cape Town – The NPA in the Western Cape was on Thursday granted leave to appeal a judgment that a man cannot to be sentenced because of a flaw in the Sexual Offences Act.

A full bench of judges in the Western Cape High Court found the National Prosecuting Authority had a reasonable chance of success in another court.

It was given leave to approach the Supreme Court of Appeal.

Earlier this month, the court upheld a decision by the Riversdale Magistrate’s Court that a man who forcibly fondled a woman in 2009 could not be sentenced because the behaviour had no penalty under the act.

Arnold Prins was charged with sexual assault in terms of the act, which came into effect at the end of 2007.

If the judgment is upheld, it would particularly affect sexual criminal cases in the province, as magistrate’s courts were bound by high court decisions.

Other offences without a penalty include sexual assault, consensual sexual acts with children, sexual exploitation and grooming of children, and sexual offences against mentally disabled people.

Justice Minister Jeff Radebe said the government would also appeal the ruling.