Rape of girl (7) spotlights persistent pattern of sexual abuse, procedural failures at SA schools

The Eastern Cape town of Matatiele has become the focal point of intense public outcry following the shocking rape of two seven-year-old children in separate incidents at local schools. Residents have vociferously demanded justice.

In October 2024, a girl (7) was allegedly drugged and raped at the private Bergview College at Matatiele. In November 2024, a boy (7) was raped when he went to the toilet at another independent school in the area.

These cases highlight a disturbing and persistent pattern of abuse by teachers across South Africa (SA).

Luke Lamprecht, head of advocacy at Women and Men Against Child Abuse, recently told Daily Maverick that he questioned whether the procedural steps to be taken in such cases were actually followed by Bergview College.

He questioned whether the school completed Form 22 to report suspected child abuse or neglect to the relevant authorities, such as the provincial social development department, a designated child protection organisation, or a police official, as required by the Children’s Act.

“There are two levels to this situation. The first is the school’s responsibility to ensure all individuals on the premises are properly registered.

This means checking for professional registration, such as with the South African Council for Educators (Sace), as well as confirming they have passed various clearances: a police clearance, sex offender register clearance and child protection register clearance. So the question is, did they do that?”

Once an incident is reported, the school is required to submit Form 22, which populates the child protection register. This register identifies children in need of care, as well as individuals deemed unsuitable to work with children. Lamprecht questioned whether the school followed all these steps and whether this triggered the provincial education department to issue a notice to deregister the school, citing concerns about its ability to provide a safe and secure environment for its pupils. Lamprecht’s questions remain unanswered as Bergview College had not responded to a request for comment by the time of publication.

HR FLAWS, REGULATORY GAPS

Lamprecht highlighted the issue of alleged abusers moving from one school to another without proper background checks by human resources (HR) departments, as was evident in the Iain Wares case.

Wares is a former teacher at prestigious institutions including Fettes College and Edinburgh Academy in Scotland, as well as Western Province Preparatory School, Rondebosch Boys’ Prep and St George’s Grammar School in SA who has long been accused of child sexual abuse dating back to the 1960s. Despite overwhelming evidence of his crimes, Wares has managed to evade international justice for more than a decade. Arrested in SA in 2019, he has since fought extradition to the United Kingdom, employing legal tactics to delay his trial and prolong justice for his victims.

“With Wares’ case, what you can see is they simply just moved him from one place to another. If you go look at Pinnacle College Founders Hill, they had someone moved from one school to another, while he was facing charges of sexual abuse. So the problem starts at the beginning, the problem starts at the HR department,” Lamprecht said.

He said another major flaw in the HR system is the tendency of schools to address allegations of misconduct through informal conversations with the accused rather than formal proceedings. Often, this led to the accused resigning before any investigation was completed, allowing them to move on without consequences. When future employers conducted reference checks, these individuals were given references since no formal disciplinary action had been recorded.

“What we are saying to schools is that the way the rule works is that if you are accused of something, you can’t just resign. Schools need to suspend that person with pay, following the Labour Relations Act and the Employment of Educators Act, and they need to be holding hearings.”

There appears to be a gap in Sace’s regulatory framework regarding the handling of ethical breaches versus legal violations, said Lamprecht. The process requires that, once a finding is made, it is referred to Sace, but the distinction between what constitutes a breach of the educator’s code of ethics and what is legally actionable remains unclear.

Lamprecht cited a case in which a teacher, who was a pupil at the same school, returned to teach after completing their studies. They then began a sexual relationship with a matric pupil who was in Grade 8 during the teacher’s time as a pupil. While this may not be illegal, Lamprecht said it is a clear violation of professional ethics.

“People need to be running the disciplinaries, and they need to be running the Sace hearings because if that person gets dismissed, they are still registered as an educator, so we want them to run Sace hearings so that Sace can also remove the registration so they can’t get employment,” he said.

GAPS IN DATA COLLECTION

The department of basic education has acknowledged there is a breakdown in data collection on sexual misconduct cases between the provincial and national offices. More than 100 cases are currently being investigated, with KwaZulu-Natal recording the highest number.

Sifiso Ngobese, director of school safety in the department, has warned that poor data coordination affects the government’s ability to accurately assess safety challenges.

“Most of these cases are reported locally in schools, in districts and provincial offices. As a department of education, we always struggle to actually keep up in terms of getting accurate data when it comes to these particular cases, some as a result of our side in the department in terms of reporting processes. So it’s very difficult,” he said on Newzroom Afrika yesterday.

Basic education minister Siviwe Gwarube confirmed she had been in contact with provincial officials for two days, demanding accountability from those responsible for the attack and its aftermath.

“This is a deeply distressing case. We must ensure the family gets the justice they deserve,” she said.

In December 2024, Cindy Foca, the Education Labour Relations Council (ELRC) general secretary, explained to Daily Maverick that cases of alleged sexual misconduct are referred to the ELRC by the provincial education departments and handled under an ELRC collective agreement, which outlines the process of inquiry by an arbitrator.

Independent and trained commissioners assess the evidence and make determinations. If a teacher is found guilty of sexual misconduct, section 17 of the Employment of Educators Act applies, mandating dismissal for teachers found to have engaged in sexual relations with pupils. The teacher is immediately dismissed and declared unfit to work with children, and their details are submitted to Sace and the department of social development for inclusion on the national child protection register.

Additionally, provincial education departments are legally required to report such cases to the South African Police Service in compliance with section 54 of the Criminal Law (Sexual Offences and Related Matters Amendment) Act.

Provincial departments handle investigations into sexual misconduct cases involving teachers as alleged perpetrators. However, these investigations are often delayed due to a lack of cooperation from pupils and their parents, said Foca.

“The challenges faced by the council in resolving these cases in the shortest space of time include delays due to examinations, school closures and the involvement or use of lawyers by parties to the dispute. The finalisation of sexual misconduct cases referred to the ELRC is also dependent on the complexity of the case and the number of witnesses involved,” she said.

Foca said the ELRC provides ongoing training on employment laws and regularly presents at principals’ seminars to emphasise teachers’ roles and responsibilities, and the consequences of sexual offences against children, as a deterrent.

The alleged rape of the seven-year old girl, known to the public as Cwecwe, has sparked widespread national support, with a petition calling for justice gaining significant traction on social media, reaching 673 564 signatures by yesterday morning. The outpouring of support continues to grow and a series of marches were scheduled across the country yesterday.

– Daily Maverick