The Invitation
On 11 October 2017, at a National Conference convened by the South African Human Rights Commission, Afrika Tikkun will protest the miscarriage of justice of a case involving the rape in 2013 and forced marriage of a child with intellectual disability. Failed at every level of authority beginning with the organisation under whose supervision this rape first took place, this girl continues to this day without any satisfaction of justice. A human time line will be made stretching out of the building and down the road to demonstrate the travesty of the failure of process ending at the SAHRC. These are our questions:
- Given that this child was not the only victim, how can parents of children with disabilities be sure that the children at the centre (where the alleged rape took place) today are safe? How is their protection from harm really being ensured?
2. Were there any consequences for all the staff from the centre, the police and the Department of Social Development who failed to act to protect the children at the centre in 2013 and 2014?
3. Are there any consequences for the Human Rights Commission for taking so long to do so little?
4. What has happened to the girl who was married to her rapist? Where is she now and is she ok?
Without answers to these questions from the Commission, what is the meaning of the South African Bill of Rights for children with disabilities? What is the role of the Commission? What is the point of active citizens raising their voices about injustice if nothing seems to be done by those who are responsible for ensuring the human rights of children in South Africa?
The Story
A rape charge was laid at the police against a staff member of a centre for children and youth with disabilities in July 2013. The victim: a 15 year old girl with an intellectual impairment. She should have been protected by international human rights and South African law because she was a child and had an intellectual disability. In the Sexual Offences Act and the Children’s Act there are supposed to be extra protections for children like her. Her family and the staff at the centre had the duty to protect her from harm. So did the police. And so did the social workers and Department of Social Development when they heard about the situation and were asked to help. But they did not protect her.
The mother of the child withdrew the rape charges. Lebola was paid and the girl was ‘married’ to her rapist by the age of 16. Witnesses met with Commissioner Malatji from the South African Human Rights Commission in June 2014. He is responsible for Disability, Older Persons and Convention on the Rights of Persons with Disabilities. The witnesses were extremely concerned about the rights and safety of the child and others who went to the centre.
Although other girls never laid charges, there was at least one other girl that the same staff member had raped. She was 18, had a severe intellectual impairment and fell pregnant with a baby that later died. She and her mother did not want to press criminal charges but were listed with six other witnesses on the complaint made to the Commission.
Of the eight witnesses with information to share, the Commission’s investigation consulted two. The first time the Commission visited the centre was a year after the complaint was made. Three years later the South African Human Rights Commission moved to close the case saying it is resolved.
