Thato* is among many vulnerable youngsters who suffer rape at the hands of perpetrators. Picture source Vukuzenzele
A North West province mother is disturbed that the police and the court are allegedly delaying justice for her 19-year-old Deaf daughter who has been publicly raped three times by two different suspects.
Thato* from Kanana in the North West province cannot communicate in South African Sign Language (SASL) nor write. She uses facial expression, groaning, pointing, or fighting back when she is hurt, said the victim’s mother, Mathato*. The mother alleges that all Thato* does when she sees one of the suspects or his wife, is to groan in anger.
At the age of 14, Thato* was allegedly kidnapped and raped by a now 26-year-old man, unknown to her on 13 April 2019 in Sannieshof also in the North West province. The suspect whom the police said was arrested, was around 21 years old at the time of the alleged rape in Sannieshof. In April and July 2023, Thato* was allegedly raped twice by another suspect who allegedly lives not far from her home in Kanana. Children and the youth in the community are said to have witnessed all three incidents and alerted the family.
A referral letter from the Kosh Crisis Centre addressed to a psychologist at Tshepong Hospital, dated 11 April 2023 pleaded, “the victim was seen at the centre with history of being raped. Relevant services were rendered. Further intervention services are needed. Please assist.”
According to Mathato* the 2019 alleged incident happened on the same day of Thato’s* grandmother’s funeral. It is alleged youngsters in Sannieshof who witnessed the kidnapping and had followed the suspect to the shack where the rape occurred, informed Thato’s* family. It is alleged this led to a mob arrest of the suspect, but he managed to escape. Apparently the police apprehended the suspect the following day.
North West police’s spokesperson Brigadier Sabata Mokgwabone said the suspect was arrested and appeared twice at the Sannieshof Magistrates’ Court and the matter was struck off the roll to obtain DNA samples from the suspect. But he could not be found.
Thato’s* older sister, Nthati* (24) said she was 20 years old at the time of the alleged incident. "My sister was playing with other kids. Other kids called us and told us that someone took my sister to a shack. We went there with other kids and my cousins. On our arrival he [the suspect] had locked himself up in the shack with my sister. My cousins managed to open the door and he [the suspect] escaped. They chased after him. Members of the community came and assaulted him. Although he managed to escape, he admitted that he raped my sister. There were used condoms in the shack where he was with my sister. I do not know how old the guy is, but I suspect he might be around the age of 27 or 28 now. The police arrested him the following day," alleged Nthati*.
Mathato* alleged that, “The police came and took my daughter to hospital. I accompanied her and it was confirmed at hospital that she was raped.”
Mathato* alleged that for the past five years of the first rape and a complete year after last year’s incidents, she had been in the dark not knowing what had happened to all the three cases. Thus, she contacted the Diary Series of Deaf People to report on the three incidents.
Mathato* alleged:
On 22 July 2024, this publication approached the North West province police for comment and on 24 July 2024, the National Prosecuting Authority (NPA). The two criminal justice system said the 2019 matter was struck off the roll. But Thato’s* family alleged they were never told about this.
Not knowing that the 2019 rape case was struck off the roll in the same year, Mathato* alleged to this publication that her daughter’s disability has been reiterated by the police as the reason behind delayed justice.
Mathato* alleged and expressed that:
On 24 July 2024, Mokgwabone said, “In the 2019 incident, the suspect was arrested and appeared before the Sannieshof Magistrates Court between 15 April and 24 October 2019. However, the matter was struck off the roll pending DNA results. The suspect has been traced to obtain buccal samples, but he could not be found.”
Mother believes the criminal justice system has failed her daughter. Picture supplied
On Wednesday [31 July 2024], the North West NPA’s Communications Officer Sivenathi Gunya said, “According to the charge sheet the matter was struck off the roll during 2019 investigations. On the investigation diary it appears that the DNA was outstanding as buccal samples were not obtained as well as addressing query in relation to the witness statement. I just phoned the sergeant now he is saying the swab were taken last week Friday [23 July 2024] from the accused person.”
But Gunya could not clarify why the swab was allegedly taken from the suspect and not from the victim as per the National Instruction 3 of 2008 sexual offences.
According to the National Instruction 3 of 2008 sexual offences after a rape incident has occurred, the body of a victim is considered a crime scene.
“In order to preserve evidence on the body of the victim, the member [police] must inform the victim to retain any toilet paper and other sanitary material if the victim needs to use the bathroom (toilet paper and other sanitary material must be air dried and be placed in an envelope or brown paper packet and despatched to the Forensic Science Laboratory); refrain from drinking any liquid, if the victim has been forced to perform an oral sexual act, as evidence may be lost in the process. This restriction is applicable only if the victim has not already rinsed his or her mouth,” outlines the National Instruction 3 of 2008 sexual offences.
“An oral swab must be taken as soon as possible after the incident; retain the clothes that he or she was wearing at the time of the commission of the sexual offence, since the clothing may be needed for forensic testing; if possible, arrange for additional underwear and other clothing when he or she goes for the medical examination,” reads the National Instruction.
Although, Mathato* alleged she did not know what transpired to the two cases of 2023, she said strangely on 23 July 2024, the police arrived at her home whilst she was away. The visit by the police happened a day after this publication's phone call to the police for a media enquiry.
“I am very disappointed and sad. I just arrived from hospital for high blood treatment and my older daughter [Nthati*] informed me the police were here. They said the results [samples] do not match that of the man who raped my daughter. Therefore, the matter has to be dismissed. I am asking myself questions why they were quiet all along. They had also said it’s a long process as it takes place in Pretoria. If you [Diary Series of Deaf People] did not investigate the matter, how was I going to find out.”
She alleged, "I found this man [2023 suspect] with my daughter in my yard. I do not know what to call this. I am just shocked and surprised by what the police are saying."
“When he [2023 suspect] passes our home my daughter groans in anger. She would do the same when the man’s wife passes by our home. I had to stop her from behaving that way. At that time, I did not know why my daughter was behaving that way until we discovered that he has raped her. Meaning, this could have been happening even before we realised it,” alleged the mother.
Narrating the alleged incidents of 2023, Mathato* alleged, “I was in the house when the April 2023 incident happened. We had just returned from church, and it was raining and cold. While we were inside the house, Thato’s* sister’s former schoolmates [around the age of 27], came knocking at our door, screaming that there is an older man who is raping my daughter outside in our yard. I was shocked to hear that something like that was happening inside my yard.”
She alleged that in July 2023, “I found the same man with my daughter in my yard. As I found him, my daughter hit him with a fist at the back and suddenly he was nowhere to be seen. My daughter’s velvet dress had footprints. She had peanuts in her hands, and I did not buy them for her. Her lips were dry, and her nose was wide opened. She looked frightened. My neighbour who was with me inside the house came to witness what had happened. I called another neighbour to witness what had happened. I phoned a police officer who lives not far from my daughter [Nthati*]. She was taken to the clinic, and they returned and said she has to be taken to hospital. The police officer said it was already at night, therefore she should go to hospital the following day. The police officer said she shouldn’t bath. She slept with the same clothes she was wearing. She was taken to hospital still wearing the same clothes the following day. The hospital confirmed she was raped."
Asked about the 2023 matters, Mokgwabone alleged:
When informed that the mother alleged that the suspect is known to the family and members of the community, as it allegedly occurred in her yard, Mokgwabone said further enquiries would be made, however he said he cannot comment further on the cases.
Mokgwabone confirmed that a case was opened in July 2023, but no arrest was made. Without an arrest, the police said an alleged suspect’s warning statement was obtained, and buccal samples were taken and the results came out negative.
Mokgwabone said, “A separate incident of rape involving the same victim was reported at Kanana police station in July 2023. The alleged suspect’s warning statement was obtained, and buccal samples taken and forwarded to Forensic Science Laboratory (FSL). The results came back negative in June this year. The Investigating Officer informed the family about the results on Tuesday, 23 July 2024, and thereafter took the docket to the Sexual Offences Prosecutor, who requested to consult with the witnesses at the beginning of next month [August]. While investigations regrettably took long, they are still underway.”
Mathato* alleged that at some stage, "he [2023 suspect] told me that he would buy my daughter a cake. I thought he was just being a good person in our zone area. I thought it is an ordinary love from a person who my daughter grew up under. I did not know that he has turned my daughter into his wife when he has children older than her. This man is filthy. I lose strength when I speak about this. I do not know what to say.”
On 2 August the police informed the mother that the witnesses will be meeting with the prosecutor on 16 August.
“Why were they quiet all along. Why are they calling the witnesses to court only when you [Diary Series of Deaf People] contacted them. One of the witnesses [2023 case] has now relocated to Gauteng,” questioned the victim’s mother.
Several questions were posed to the NPA and the police, however both authorities could not give clarity to the delays on the three matters and how they unfolded. This included questions about the police activeness that is shown only when approached by the Diary Series of Deaf People.
The name of the victim, Thato*, her sister Nthati* and mom Mathato* have been changed. Their identities have been protected as required by law. All suspects cannot be named until they plead before court.
