A decision by ANC provincial secretary Jacob Khawe’s wife not to open a criminal case against him over abuse claims complicates the fight against the scourge of gender-based violence (GBV).
This according to organisations fighting GBV who said this also makes it hard for police to hold perpetrators to account.
On Wednesday, the ANC in Gauteng announced that Khawe had been given special leave after allegations that he had physically abused his spouse Nthabeleng surfaced.
However, Nthabeleng chose not to open a criminal case against Khawe, despite kicking him out of the house.
Mandisa Khanyile, director of the Rise Up Against Gender-Based Violence, said it was common for survivors of abuse to allow families or organisations to handle the issue of abuse.
She said women did not report cases because there were direct consequences they would face if the matter was handled by the criminal justice system.
“It is only when survivors are scared for their lives that they end-up pursuing a case...A woman knows how safe she is before she can open a case. She knows how much access the man has on her. The woman knows if her partner has a gun. She knows very well that political people are connected to people that can kill. How a woman assesses her danger is something that is very personal and only her is aware of. We have to respect her decision,” Khanyile said.
Khanyile said Nthabeleng's decision “mirrors what happens in society on a daily basis”.
“Women are withdrawing cases at police stations every day...This is what is happening in society on a daily basis because we don’t have protection mechanisms for survivors.”
Over the weekend, Sowetan's sister publication Sunday Times reported that Nthabeleng had alleged that the abuse began just weeks after their wedding in December 2020.
She alleged that four weeks after the wedding, Khawe disappeared for six weeks and his bodyguard allegedly ignored her calls.
She said Khawe physically assaulted her on four occasions.
Pictures of some of the bruises that Nthabeleng had allegedly suffered were shared on social media but she later took the posts down.
Khanyile said while a third party could open a case, it was difficult to investigate without the involvement of the survivor.
“Who is going to be a witness. You need evidence beyond the picture that was shared. When that picture was taken; by whom under what circumstances. You need the woman to make a statement under oath to help the investigation. You cannot open a case on a hearsay,” she said.
Sihle Sibisi, founder of the Kwanele Foundation, said a woman’s decision not to lay criminal charges against a partner presented a “catch 22” in the fight against GBV.
“Yes there is a woman that has been abused but she has not opened a case. That means legally, there is nothing that can be done...When things like this happen, it is our duty to go out and help but when things unfold as they did with her not opening a case, we basically have to watch what happens next. It is a catch 22 for us,” she said.
Sibisi said the sharing of pictures by the survivor is an indication that those close to her should rush and help
ANC announced on Wednesday that it had placed Khawe on special leave following allegations of abuse. The party’s provincial executive committee (PEC) said the decision was taken at a special meeting on Tuesday.
“The PEC noted that no case has been opened nor have any charges been laid against the provincial secretary. Accordingly, the step-aside principle does not apply. However, the PEC is of the view that the veracity and seriousness of these allegations warrants that they must be subjected to the internal organisational process of the ANC in order to establish the truth,” said provincial spokesperson Bones Modise.
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