The mother of one of two Soweto pupils who accused a police officer of sexually assaulting them, says she had to withdraw her daughter from testifying in the case because she felt let down by the criminal justice system.
The woman’s daughter, 10, was one of 87 pupils who accused a school security guard of sexual abuse and rape at AB Xuma Primary School in Orlando in October 2017. The mother said she lost faith in the justice system after the school guard Johannes Molefe was acquitted.
Her daughter and another girl were allegedly sexually attacked by a police officer tasked with gathering information from them less than six months after the initial incident.
The mother, who cannot be named to protect her minor child, told Sowetan yesterday that the matter had taken an emotional toll on her family while in pursuit of justice. This, she said, had nearly destroyed her family as the case dragged on in court for years without conclusion.
Yesterday, the case against the 33-year-old officer, who was attached to the family violence, child protection and sexual offences investigations unit in Meadowlands Soweto, was postponed for the umpteenth time in the Protea magistrate’s court to April 1 due to the lack of an intermediary for the remaining child victim.
The officer was removed from the unit after the allegations and he was moved to the SAPS provincial headquarters in Parktown, Johannesburg, where he assists with logistics. He was arrested and granted R5,000 bail in August 2018.
The mother of the 10 year-old victim said yesterday that though she did have second thoughts from time to time about withdrawing her daughter from the case, she felt it was in the best interest of her daughter’s wellbeing.
“In 2019 I decided that it would be better if my child was not involved in this case. I felt that it was affecting her negatively. She constantly had to retell what happened during counselling sessions and that was not good for her. After mkhulu [Molefe] was acquitted, I realised that my child won’t get justice in the other matter.”
She said, however, her daughter was coping with everyday realities and seemed to have moved on from both incidents.
“It’s because she’s a child and this happened three years ago. I was told that issues stemming from these incidents may arise when she’s a bit older, so I’ll have to look out for that. But at the moment, she is doing well,” she said.
But the mother of the sole witness remaining in the matter is steadfast in pursuit of justice for her daughter, despite several delays and the setback of the guard being acquitted two years ago.
Though she would not speak directly with Sowetan yesterday as she is a witness who will also take the stand in the trial, the victim’s mother told child protection organisation Women and Men against Child Abuse (WMCA) that she wanted her daughter to know that she fought tooth and nail to make sure that her attacker faced the full might of the law.
“The mother knows that the first case against the security guard did not go well. But she wants to make sure that she can look her child in the eye and tell her that she fought with all her might to get justice for her,” said WMCA spokesperson Luke Lamprecht.
NPA spokesperson Phindi Mjondwane said she would cheque with the chief prosecutor at the Protea's magistrate but failed to respond to respond to Sowetan's questions at the time of going to print on Thursday.
TIMELINE
October 2017
Police arrest AB Xuma scholar patroller Johaness Molefe, 58, for allegedly sexually assaulting 87 girls at the school.
August 2018
An officer attached to the SAPS forensic social workers unit, who was investigating the AB Xuma matter, appears at the Protea magistrate’s court on charges of sexual assault and rape of two pupils aged seven and eight. He allegedly molested the pupils after he was deployed to the school in March 2018 to prepare the 87 pupils for court.
He was granted bail
November 2018
The trial for the scholar patroller, the initial suspect, starts. The alleged victims also testify. The number of victims was brought down to 12 after most children said nothing happened to them. The defence argued that the girls were coached by adults.
December 2018
Molefe is acquitted with the judge citing a “comedy of errors” committed by teachers, police and Teddy Bear Clinic, which was assisting the victims, for contaminating the case. The National Prosecuting Authority (NPA) promises to appeal against the acquittal.
January 2019
The case against the police officer is postponed to July for further investigations.
July 2019
The matter is postponed again for further investigations.
November 2019
The mother of one of the victims withdraws her daughter from the case.
February 2020
The case is postponed again for further investigations.
May 2020
The matter is postponed due to the limitation on court functions owing to the outbreak of Covid-19 and trial date is set for October.
October 2020
The trial is postponed to January14 2021 due to a full court roll.
January 14 2021
Case is postponed again due to lack of intermediaries.
