North West school rape case confirms victims are being failed by the system

A “shame of the nation” – this is how Police Minister Bheki Cele described the Krugersdorp mass rapes where eight women were horrifically gang-raped near mine dumps on 28 July 2022. It so happened that these atrocious events took place just a few days before Women’s Month, during which we ought to be celebrating women and commemorating their profound contribution to our country’s liberation. 

Yet, women and girls continue to bear the brunt of sexual violence in our society. We are constantly inundated with chilling reports of violence against women in public spaces, workplaces, family settings and even schools. These are places that ought to be safe, but as we have all sadly come to accept that there is no place where a woman’s safety is guaranteed.

During July, SECTION27 celebrated a long-awaited outcome for two sibling learners who were victims of sexual violence. One was raped by a caretaker in 2015 at her school in North West. She was only 12. Her sister was sexually assaulted by the same caretaker two years later. 

Days after the rapes, when the victims’ parents reported the incidents to the principal, they were simply instructed to do as they saw fit. The complaint was not investigated, and the perpetrator was neither taken through a disciplinary process nor suspended. For years, no action was taken against the perpetrator, who continued to be employed by the school governing body (SGB) and continued to pose a serious risk to other pupils. 

This is despite the 2019 Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools stating that school officials have a duty to immediately report, investigate and take action against accused parties in any suspected incident of sexual abuse or harassment.

After numerous failed attempts to engage with education authorities, in September 2021 SECTION27, representing the pupils and the Teddy Bear Clinic, instituted legal action in the Mahikeng High Court, seeking an order directing the education authorities to suspend the perpetrator and conduct an investigation and disciplinary process. The order was granted. The court ruled that the education authorities were “in breach” of their constitutional, statutory and common-law duties to investigate cases of sexual assault. They were subsequently ordered to take the appropriate action to deal with the sexual assault allegations.

Read more in Daily Maverick: “When protectors become predators – rising incidence of sexual violence against children in SA schools”

The disciplinary hearing was finally held on 22 June 2022, and on 20 July the disciplinary committee handed down its decision. It found that the perpetrator was guilty of raping the pupil in 2015 and sexually assaulting her sister in 2017. It recommended that the SGB dismiss the perpetrator with immediate effect. 

Failed repeatedly