‘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!’

We at WMACA are outraged, extremely angryand disallusionned after a High Court ruling highlighted a fatal omission in the new Sexual Offences Act. We and other childrens rights groups have been warning the Department of Justice since the Act was introduced that there were serious inadequacies which needed to be addressed but no attempt has been made to rectify this situation.

All our work at trying to secure convictions and severe sentences  for child  sexual offenders is in jeopardy unless Parliament and Ministers take action immediately to mathe necessary amendments and wesist that the entire Act be reviewed if we are to eradiciate the scourge of rape and all sexual offences in our society.

“Experts have warned that anyone accused of committing a sexual assault in terms of the act could now apply to have their charges quashed on the basis of the court’s ruling.

In addition, those who have already been convicted could apply to have their convictions set aside.

In effect, the judgment means that anyone accused of crimes in terms of certain sections of the new Sexual Offences Act cannot be formally charged – because legislators omitted to prescribe sentences for at least 29 offences listed in the act.”

Taken from Saturday Star – Journalist – Fatima Shroeder

URGENT Calling all friends and WMACA supporters
WMACA needs you to join us on Monday the 23rd April, 9am, in a protest to OPPOSE BAIL of a serial child rapist at the Alberton Court, 41 VAN RIEBEECK AVENUE, ALBERTON NORTH.
There are around 40 known child victims – some have identified the perpetrator applying for bail and there are confirmed DNA matches. WMACA’s Boksburg Kidz Clinic has been requested to render therapy to the victims.
If you are available to join us at the Alberton Court please wear a black T-shirt and be at the court by 850am.

It’s a sad day when people come out in support of a man accused of raping young children.

By refusing to comment on the accusations of rape as recounted by several of Bob Hewitt’s victims as reported in the press over this last weekend, the SA Tennis Association has turned its back on victims who were entrusted into Hewitt’s care by parents and the tennis authorities at that time.

‘It’s sad when people come out in support of a man accused of raping young children’ says Germaine Vogel, Women And Men Against Child Abuse Advocacy Manager.

“It’s shocking to hear how many people and players in the professional tennis circle were  aware of complaints by underage girls and their parents about Hewitt’s alleged abuse but failed to take action to protect young children from further abuse’ continues Germaine

Today, under our new amended Acts, it is an offence to fail to report any knowledge or suspicion of crimes against children and vulnerable groups.

“This hate image incites racism that almost all South Africans have fought so hard to eradicate,” the director of Women and Men Against Child Abuse, Miranda Jordan, told the weekly Sunday Times, which used the photograph on its front page.
We were asked to comment on an image sent to us which was then pubished with our comments on the front page of the Sunday Times, Aug 29. As a result, authorities in South Africa are investigating the sickening image posted on Facebook of a white man with a hunting rifle and a big grin kneeling in a classic hunter’s pose over his “prey” – what appears to be the lifeless body of a black boy.
Police Minister Nathi Mthethwa has ordered an investigation into the matter and asked the man in it to come forward and declare whether the picture is a fake or has been doctored.
Other media associations have come forward in protest that the image which has been in circulation for more than three years was exposed by them when it first surfaced. Others are arguing that it is merely a fake and should not have been printed by the Sunday Times – however WMACA is of the opinion that it does not matter how old this image is or whether it’s a hoax or not – what matters is that it is still circulating the social networks and been used by Face Book members without anyone reporting it to Face Book officials or the South African authorities and every effort must be made to charge the people who continue to distribute this hateful image.
WMACA reminds any South African who has viewed the picture and not fulfilled the obligation reporting it to the police in terms of the Children”s Act, would be equally culpable if the picture was genuine or not.

Submitted by: Business & Human Rights Resource Centre

Categories: Human Rights, Corporate Social Responsibility

Posted: Jun 14, 2011 – 08:56 AM EST

GENEVA, Jun. 14 /CSRwire/ – Today the non-profit Business & Human Rights Resource Centre launched an online portal on “Business & Children.”

The portal provides up-to-date information on the many ways that companies impact children’s rights. Issues covered range from child labour to workplace parental leave; from sexual exploitation to education. Each topic includes a concise introduction followed by examples of positive initiatives companies are taking, allegations of abuses, and company responses. (more…)

By Malou Guanzon-Apalisok
Cebu Daily News
8:52 am | Monday, June 13th, 2011 0share5The arrest and prosecution of a couple who used their own children to engage in cyber pornography have caused a lot of apprehension among the population. However, more than the active participation of the Cordova couple in offering their children to on line sex predators, it is the disclosure of the mother and her 15-year-old son that is equally appalling.

According to the young man, his parents learned about the pornographic trade from their neighbor. During initial investigation, the mother told policemen she took up cybersex as a means of livelihood because she knew people who were also doing it. Fr. Alvin Lao, who tends the San Roque Parish said he heard about cybersex operations in homes since being assigned in Cordova six years ago. Fr. Lao said local church and lay leaders tried to discuss the problem with local officials but nothing came out of it. (more…)

Going all out for a great cause
Raising funds for victims of human trafficking
Jun 13, 2011 12:23 AM | By HARRIET MCLEA

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In a bid to raise funds for an organisation that fights human trafficking, Not For Sale, a South African woman will compete in a gruelling 27-hour triathlon in the US.

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MIND OVER PAIN: South African triathlete Paula Heron
She will start the Tri4Freedom fund-raiser with a two-and-a-half hour swim on Saturday morning. (more…)

Legal eagles share knowledge with the youth

Advocate Nandy Moodley, Adv Ansuya Harilall, Adv Amy Kistnasamy, Adv Omashni Naidoo with Nzwandile Ndlovu site co-ordinator of Thuthuzela.

The Directorate of Public Prosecutions hosted a youth outreach programme on June 1 at the Stanger Town Hall in celebration of ‘youth month’.
The event, which was attended by more than 300 children, was as entertaining as it was educational.

Programme director Mzozi Mthembu from the Soul City/Soul Buddyz programme was the lively link between the items, making the entire audience, presenters included, dance, shout, clap and ‘stare lovingly into each others eyes,’ to brighten the mood.

During the programme, a young poet read his poem about the evils of the popular drug, ‘Whoonga,’ saying that it is a death threat to the community, the spirit and the child.

Advocacy manager for Women and Men Against Child Abuse and the KZN task team representative for human trafficking, alerted children to the ways in which abuse and trafficking can occur.

Professionals addressed other topics, including juveniles in conflict with the law, and the skills needed to stay safe. The children also watched a Zero to Hero presentation, and a short play about rape.

Chief prosecutor from Pinetown, Adv Amy Kistmasamy, said that the purpose of the day was to celebrate youth and to reinforce their rights, as they would be running this country in the near future. She said that a lot had been put in place to support today’s youth, particularly in the courts.

“We used to concentrate mainly on prosecuting and didn’t have the option of doing the softer things, and now we are more victim-centred.”

She said that sexual offence prosecutors are now trained to deal with abuse cases, and victims are offered an intermediary for court, or can participate from a room adjacent to the court where necessary.

Adv Kistmasamy also introduced the one stop rape facility, the Thuthuzela Centre at Stanger Hospital, to those who did not yet know about it.

The programme brought tears and laughter to the audience, made up mainly from pupils chosen from schools in KZN.

If you know or suspect child trafficking is taking place contact this free number 0800 555 999. Anonymous calls will be accepted.

All about Thuthuzela

Thuthuzela (the Xhosa word for ‘comfort’), the one-stop rape centre at the Stanger Hospital, opened last year to embrace and support rape victims in their greatest time of need.

On arrival at the centre first and formost, victims are welcomed and comforted. The medical examination is then explained to them and a consent form is signed. After the exam they are offered shower facilities and where possible, comfort bags, which include underwear and basic toiletries.

Immediate and follow up counselling is offered, follow-up visits are scheduled and treatment and medication are provided for the prevention of sexually transmitted diseases and infections.

Only at this point is an investigating police officer called in to take a statement and open a case, which is done with a centre worker present if desired. The centre also helps the victim prepare for court.

Prior to the opening of the centre, rape victims had to first report to a police station. In many cases they would have to wait in the charge office for the family and child protection unit (FCPU) to arrive (where there is such a unit). Once their statement had been taken and a case opened, the patient would only then be taken to the Trauma Unit at Stanger Hospital where they very often had to wait in a queue for between four and fifteen hours.

Head of the centre Dr Shivani Chirkut stresses that there is no rush at the centre.

“Don’t be afraid, we are centred on you, while you are with us you are the only thing that we see and hear and it will take as long as it takes.”

Make a difference

The Night Owls, the Sheffield Beach quilting group, have already supplied 100 comfort bags to the Thuthuzela Centre, but as the need is ongoing, they need the community’s support.

The Night Owls make and take in bags from sewing groups and individuals who donate drawstring bags and handbags. The ladies fill the bags with donations of underwear, a face cloth, a small jar of Vaseline or Savlon, a small container of talcum powder, toothbrush and paste, soap, tissues, wet wipes and a small hand towel. Into the children’s bags a small, soft teddy, (knitted, sewn or bought) is also added. The hospital provides sanitary towels and baby nappies.

The biggest need they say is for comfort bags for children of both genders from the ages of five to 15 years. If you are able to help in any way please contact Melanie Meyer on 032-946 2370 or email melanie@meyerassociates.co.za.

The centre is also short of clothes, as rape survivors have to hand their clothing in as evidence. There is a need for teenage and adult size clothing and, in particular, clothing for girls between the ages of three and 10. Clothes can be dropped off at the centre in Stanger Hospital, or at Alberlito Hospital with coordinator Karishma Singh.

Published on June 8, 2011 at 2:55 pm

Child porn, rape case delayed
June 10 2011 at 09:47am
By Yolande du Preez

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INLSA

The accused in the child porn case leaving the Pretoria North Magistrate’s court after a brief apperance. Picture: Phill Magakoe

With their heads bowed, nine family members who are accused of being involved in a child pornography ring and who have been in custody since their arrest in December last year, briefly appeared in the Pretoria North Regional court on Thursday.

Shivering from the cold, the women arrived minutes after the men as they were led up from separate holding cells.

Defence counsels, Legal Aid lawyer Hein Combrink, representing four of the accused, and JJ Van Zyl, representing the remaining accused, requested that the case be postponed.

During a hearing in May, problems arose with the legal representation for some of the accused, and Combrink explained to the court that there could be a conflict of interests.

This meant that the Legal Aid Board would have to appoint more lawyers to represent some of the accused. He said he still had to go through some of the paperwork.

The family, which includes the alleged victims’ grandparents, the grandfather’s brother and his wife and children of the two couples, face 23 preliminary charges.

These include rape, compelled rape – which means that one person is forced to rape another – grooming, and using children to produce child porn.

Eight of the nine accused were arrested early in December last year, after two of the children, who had been in the foster care of the grandparents, made the allegations.

A ninth suspect, who is the daughter of the grandfather and wife of one of the suspects, was arrested later.

The State did not object to the request, but made it clear that they were ready to proceed with the case and that their witnesses were in place.

Magistrate Pieter Nel said the case would continue on a day-to-day basis during the weeks of December 1 to 9 and January 16 to 27, 2012.

The accused will remain in custody.

Their children and grandchildren have been removed from their care. – Pretoria News