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?

Image: mirror.co.uk

Men who lack positive role models, says Dr Amelia Kleijn, who interviewed 10 men serving sentences around the country for raping children under the age of three.

Kleijn, a practising social worker with extensive experience with victims and perpetrators of gender-based violence, presented her study – “The demographic profile and psychosocial history of a group of convicted perpetrators of the rape of children under the age of three years” – at a conference attended by WMACA staff.

“What stands out with the 10 men I interviewed and such offenders broadly, is the lack of positive role models – someone who can show or teach them that there is something better, beyond their current circumstances,” she said. “I’m not talking of a ‘Mandela-like role model’. I mean a teacher, brother, uncle, father, religious leader or taxi driver. Any man who can show a boy an alternative way to behave. That is the one element that seems to separate these men – the lack of such a role model.”

Kleijn said millions of South African men have grown up in hardship, many have grown up in single-parent households, have experienced abject poverty, but do not turn out to be rapists or abusive people.

She said all the child rapists she interviewed were driven by feelings of revenge and their actions were triggered by an incident that sparked anger. One of the men said he raped a baby because he was angry that his kettle was stolen,” she said.

She said all the men she interviewed did not have a high school education, or did not finish primary schooling. Others did not go to school at all.

They were beaten severely as children.

They were not employed for the two years preceding the rape though they tried their best.

They were angry at the injustices of the world and one day something happened that made them snap.

Kleijn said she spent a lot of time with the men, one of whom laughed and exclaimed: “I do not know, lady,” when asked if he did not fear that he would suffocate a toddler while raping her. “This clearly illustrates the mark of a psychopath – someone who has no remorse or empathy for others,” Kleijn said.

She said one of the men she interviewed raped a two-and-a-half-year-old child after his drinking buddies made a joke about his mother’s genitalia. She said the jokes, the rapist admitted, angered but also aroused him.

“Another, who had three children of his own, raped his three-month-old niece because he was jealous of his sister,” Kleijn said. The man said he could not stand that his sister was able to better provide for her child while he couldn’t take care of his children.

Kleijn said often the men were related to the child and angry at people related to the child. She said her research dispelled the myths that this kind of crime started post-1994 or was related to cleansing rituals to cure HIV.

‘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!’

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!’  

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.

SA coach held for rape

May 22 2012 at 09:32am
By Kamcilla Pillay

A suspected paedophile sports coach who was granted bail by a Durban magistrate earlier this month has been arrested at his home in Europe for alleged sexual abuse relating to a Durban athlete.

The man, coaching a team there for the upcoming London Olympics, was arrested on Friday.

This happened almost a month after he was arrested by the SAPS family violence, child protection and sexual offences unit at King Shaka International Airport on allegations of sex crimes two years ago involving a Durban girl, now 14 years old.

The teen, currently in Europe for a sports event, had claimed she was also previously sexually assaulted by the coach in Europe.

Her father, who cannot be named to protect her identity, had notified authorities in Europe, said Marc Hardwick, a private investigator who deals with crimes against children.

Hardwick said he had interviewed the teen last Monday, at the request of her family, and she revealed that the coach had also assaulted her in the country where he was now living.

A spokesman for the public prosecutor’s office in the country in which the suspect was arrested, said on Monday it was for the alleged sexual abuse of a South African girl, and he remained in custody.

“Bail is possible, but unlikely.”

The warrant of arrest had been issued on Friday and the arrest was effected the same day, the prosecution spokesman said. The accused had appeared before the magistrate who issued the warrant.

“The warrant of arrest is based on the (alleged) victim’s testimony and in case of a conviction, (the accused) is facing a minimum penalty of two years and a maximum penalty of 15 years,” he said.

If additional charges were brought against him, he would appear in court again.

Pornography

The coach is also set to appear in the Durban Magistrate’s Court again in August, to face allegations of rape of a child, sexual assault of a child, grooming a child for the purposes of sexual assault, as well as possessing and distributing child pornography.

“I know about the circumstances in South Africa, but right about now, I cannot predict what will happen until August,” said the European prosecution official.

“At this very moment, (the accused) is facing one charge, but I would like to emphasise that he is innocent until proven guilty. There will be more details after the preliminary proceedings are concluded.”

John Lister, the attorney and spokesman for the family of the girl, said that they had been notified of Friday’s developments.

“We were told that he would be facing rape charges (relating to a minor),” Lister said.

He said the coach, while South African, was a permanent resident in the European country and would be charged where he had allegedly perpetrated the crimes.

Her father said that he had learned that authorities there had “extensive evidence” of the coach’s alleged crimes, but would not go into details so as not to jeopardise the investigation.

The coach would now be preparing for his trial by assembling a defence team there.

When the Daily News sought confirmation from the Department of International Relations and Co-operation, it emerged that officials in Pretoria had by Monday not yet been told of the arrest.

“Usually we are notified of any incident involving a South African national. We expect to hear from them soon,” said department spokesman Clayson Monyela.

Contact

The coach was arrested in Durban on April 24 after being persuaded to return to the country by the father of the alleged victim, who had been in contact with the man’s wife.

The suspect had been under the impression that his trip to Durban was merely to apologise to the girl and her family and to sign a non-disclosure agreement before he could fly back to Europe.

But he was arrested soon after landing and appeared in the Durban Magistrate’s Court.

He has not pleaded to the local charges, and therefore cannot be named.

The coach had applied for bail. The State unsuccessfully opposed it.

The prosecutor, Priscilla Paterson, had argued that, if granted bail, the alleged victim would come face-to-face with him at the sports tournament in Europe.

Magistrate Trevor Levitt allowed bail of R80 000, criticising the police and the State for condoning the manner in which the coach had been lured and nabbed.

Levitt said the suspect had been deceived.

After the ruling, the coach flew back to his family, leaving the Durban father vowing to fight on:

“He will face his day in court. This is not finished,” he had said after the coach’s passport was returned to him in court after being granted bail.

“I will continue to fight for my daughter.”

He said on Monday his daughter had left for a tournament in Europe on Saturday morning.

“If I had the opportunity to speak to (the coach) again, I’d ask him why he broke our trust; he was supposed to take care of our child. He was supposed to develop her, but he broke her down,” he said.

While pleased that the man had been arrested, he said that ultimately the whole situation was “an extremely sad thing”.

“I wouldn’t use the word happiness – I’m pleased he’s not walking free”.