Key Points
- Director of the Centre for Criminology Albie Terblanche highlights that DNA evidence problems present obstacles in the Court of Law for the Matatiele rape case.
- AfriForum rejects law enforcement statements about the process of DNA sample submission.
- Children’s rights activists advocate for improved practices when addressing child abuse incidents.
The senior education official working at a private school in Matatiele Eastern Cape has protection from criminal prosecution because their rights against self-incrimination are established in the constitution.
The official incident investigation encounters an important problem because authorities do not have proper legal powers to extract DNA samples from the subject.
Legal barriers to investigation, DNA standoff
Advocate Vusi Khuzwayo points out the investigation might stop because the official has not received official criminal charges. The South African Constitution stands as a barrier against compelling the official to give DNA evidence because it could result in his self-incrimination, leading to DNA standoff in the case.
Due to this constitutional protection he holds the right to silence which makes the investigation more difficult. The ongoing criminal investigation remains inactive because the accused remains free without legal charges and the moral requirement under the Criminal Procedure Act has not been met.
Dispute over DNA samples
Barry Bateman from AfriForum clearly stated that DNA sample submission reports from the school official contradict earlier police statements. The official has no intention of avoiding cooperation but demands that all legal requirements for such procedures should be in place.
Through a letter sent to Eastern Cape Police Commissioner AfriForum expressed their commitment to DNA testing upon completion of proper legal processes. The officials expressed their condemnation of the police by asserting that the DNA sample demand lacked valid justification.
Children’s rights and ongoing trauma
Dr. Shaheda Omar who serves as a children’s rights advocate expressed concern about child abuse problems across educational institutions. The activist highlighted that children experience numerous traumatic experiences due to gender violence although most incidents remain hidden.
The victim identified as “Cwecwe” is one among thousands of children who silently endure abuse. Omar made clear that students need protection from harm while attending school with special attention needed to enhance system safety.
Challenges in child abuse cases
Research conducted by the Teddy Bear Foundation indicates that at least 50 percent of children face abuse prior to their 18th birthday however most cases ending in convictions remain rare. To achieve justice Omar together with other activists push for improvements within the system for abuse victims.
