The DA in KwaZulu-Natal says there is a serious lack of accountability in the handling of statutory rape cases in the provincial government.
According to a written reply to a question in the KZN legislature, premier Thami Ntuli said the province had limited oversight in ensuring the prosecution of such crimes.
Ntuli, who also serves as community safety and liaison MEC, was questioned by DA MPL Riona Gokool about what role the two offices he heads play in ensuring the SAPS family violence, child protection and sexual offences (FCS) unit investigates and refers statutory rape cases, especially those involving underage girls who have given birth, terminated pregnancies or are currently pregnant, to the National Prosecuting Authority (NPA) for prosecution.
Ntuli said the department has civilian oversight of the police, which includes the FCS unit, but conceded they have no direct control over investigations or handover of cases for prosecution.
Asked how they verify that cases are properly handed over to the NPA, Ntuli said the FCS unit’s case management, monitoring investigations and forwarding files to the NPA are handled by SAPS.
The community safety and liaison department deals with complaints about police inefficiencies and failure to perform their duties. The department makes recommendations to district commissioners and the provincial commissioner for action.
Ntuli outlined measures taken to strengthen accountability and ensure such cases “don’t fall through the cracks”.
“The department conducts court watching briefs to promote professional policing. This assists in identifying cases removed from the court roll due to policing inefficiencies and ensures those failures are reported, investigated and addressed by police leadership.
“The department also analyses charge sheets for cases removed from court rolls, focusing on contact crimes, including sexual offences and statutory rape. Dockets are audited to ensure they are finalised by verdict.
“Findings from audits and watching briefs are presented quarterly to the police provincial management forum, chaired by the commissioner, allowing for departmental feedback on withdrawn or struck-off cases.”
Gokool, however, was unconvinced by those efforts.
She said Ntuli’s responses were “deeply troubling”, adding the oversight system is reactive rather than preventive.
“Despite the department’s oversight mandate, there appears to be no direct mechanism to ensure that cases of statutory rape are effectively pursued, investigated and referred to the NPA for prosecution. This means failures are only identified after justice has already been denied, rather than being prevented through proactive monitoring and co-ordination.”
This is especially worrying after the DA found that 438 girls between the ages of 10 and 14 gave birth in the province in just more than a year, which raises serious concerns about underage sexual abuse and the government’s failure to ensure accountability.
“Every statutory rape case represents a child whose rights have been violated, yet many such cases fall through the cracks of the justice system, never reaching the courts.”
The DA called on Ntuli to:
- set up a joint task team between police and the departments of health and education to make sure underage pregnancies are investigated as possible rape cases;
- create a real-time monitoring system for statutory rape dockets to ensure swift handover to the NPA; and
- publish a quarterly report in the KZN legislature showing the number of statutory rape cases reported, their investigation status and their outcomes.
“As a partner in KZN’s government of provincial unity, the DA remains committed to ensuring that every child in this province is protected by a responsive, accountable and effective criminal justice system. The cycle of impunity for sexual predators must end.”
TimesLIVE
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