Africa-Press – South-Africa. NEWS
The man allegedly also sexually assaulted the younger sister of the child.
Given the nature of the complaint and the continuing danger to other pupils, the man was placed on precautionary suspension, pending the finalisation of the process.
The court also ordered the Bojanala education district office, MEC for education Wendy Matsemela and the head of department, Stephinah Semaswe, to ensure that all the relevant processes were followed to finalise the matter speedily.
City Press reported last year that the mother of the children had taken her fight to court because no action was taken against the man who had allegedly raped her child six years ago, while allegedly sexually assaulted her other minor daughter the following year.
READ:
Child rape cover-up: Mother vows to fight
Public interest law centre Section27, representing the Teddy Bear Clinic for Abused Children, instituted legal action against the provincial department of education, the SGB, the principal and the police for their inaction regarding the matter after it was reported.
The Teddy Bear Clinic assisted the parents of the children following their ordeal.
In the affidavit, the mother alleged that the rape of her daughter, who was 12 and in Grade 5, took place in December 2015 at the school.
She stated that her daughter, referred to in the papers as BM, was returning from a local shop with her siblings when they encountered the caretaker, who was also in a relationship with their aunt.
He then asked BM to help him take a gas stove to the school’s storage area. He asked the other two children to go to the local shop to buy him a beer while he proceeded to the school with BM.
When they had reached the school and had put the stove in the storeroom, the man allegedly “drew his firearm and ordered BM to remove her clothing”.
“BM, fearing for her life, complied. The man, thereafter, instructed her to sit on a chair and open her legs. BM again complied, and the caretaker raped her.”
The mother stated that, on learning what had allegedly happened to her child, she reported the matter to the school principal twice, but her complaints were dismissed.
On the first occasion, the principal allegedly told her: “BM is your child; you should do what you want with her.” On the second occasion, he said the alleged rape was the mother’s problem and not his.
The mother stated that she also reported the incident to the local police station and was told that the police could not do anything because there was no evidence, as her daughter had already bathed and washed her clothing.
The caretaker allegedly also sexually harassed BM’s younger sister, referred to in the papers as KBM, in 2016, while she was visiting her grandmother’s house. He had been at the house at the time.
READ:
134 000 orphans as Covid-19 ravages SA
“KBM was accosted by PN (the caretaker), who fondled her buttocks. PN told her that she was growing up nicely and that he was grooming her for himself. He gave KBM R5 following the incident and told her to keep what had happened a secret,” read the mother’s affidavit.
The affidavit stated that KBM, who was nine and in Grade 2 at the time, was left shaken by the incident and begged her mother to let her leave the school, as she did not want to face PN again.
The mother approached the principal again with the new allegation and he responded that, if he were in her position, he would “cut off PN’s private parts”.
The principal did nothing about the incident and the mother opened a case with the police – and yet again, nothing was done.
The court order said the principal had a statutory, constitutional and common law duty to report and manage allegations of sexual abuse against minors in his care at the school. The court found that the principal had failed in his duty and the obligation to act in the best interest of the children, as prescribed in the Constitution.
The court further found that the SGB had also failed, as the employer of the caretaker, to manage the allegations and take the necessary disciplinary measures against him. In addition, the governing body had failed to provide a “clean and safe” environment that was conducive to teaching and learning for the pupils.
Following the order, Section27 welcomed the judgment.
“This judgment is an important step towards strengthening accountability on the part of education officials when sexual assault takes place in the school environment.
Systems of investigating accusations of sexual assault in the school environment and disciplining perpetrators must be improved so that learners’ rights are not violated by predators in the school environment,” stated Section27.
The organisation also said it would monitor the investigation and disciplinary action against the alleged perpetrator.
For More News And Analysis About South-Africa Follow Africa-Press
