Justice for CweCwe

LUCSA Condemns the Department of Education’s Failure to Deliver Justice for CweCwe

It is with heavy hearts that we are following the development at Matatiele Bergview College. As LUCSA, we are in full support of the #JusticeforCwecwe protests and the various on-line petitions. We therefore encourage our member churches to participate in these petitions and where possible also participate in protest actions. The presence of clergy in their clerical attire would add weight to the demand for justice, which is the core duty of being church.

The context of the alleged rape, to this young seven-year-old girl, by a person who promised to be a custodian and caretaker is indicative of the bigger challenge schools find themselves in especially in South Africa. Sexual violence and abuse in schools in Africa, but also in the SADC region, specifically has been documented. This sexual abuse and violence is not only against girl children, but also against boy children and also female educators.

We observe with sadness the decay in moral virtues and values in South Africa and countries in which LUCSA operates. We observe with sadness the failure of government organs from municipal level up to national level to be custodians for the well-being of the populace. We lament that communities have to demand and push for justice through protest actions, thus indicating the failure of organs of state like SAPS to pursue good and just governance. Furthermore, because of corruption; failure to supervise and failure to police with consequence contribute to a large extend to an ever-growing sense of invisibility by criminals and first time offenders, who know the embarrassing limitations SAPS has in properly documenting statements, drafting of charge sheets and investigative policing.

The #JusticeforCwecwe movement is also a call for accountability by the state, as corruption is not only an inconvenience, but just like Apartheid, corruption is a crime against humanity. We therefore call on and demand that the South African government tackle corruption by the horns by taking stern action against corrupt politicians, officials and civil servants.

The tolerance and the imbedding of corruption in both government and private institutions leads us to ask the following:

  1. Were the educators of Matatiele Bergview College not screened from the sex offenders’
    register?
  2. Does the circuit manager of the district where the school is located not do regular site visits and inspection, based on the general dissatisfaction on school management emanating from this case?
  3. What psycho-social support systems does the school have in place – seeing that it is a private school. (We firmly believe these to be one of the basic boxes that need to be ticked when applications for private schooling are made)
  4. What policies are in place regulating bullying, sexual abuse by learner to learner, learner to educator, educator to learner and educator to educator? (We firmly believe these to be one of
    the basic boxes that need to be ticked when applications for private schooling are made)”
  5. We identify that the raped girl, her parent(s) and the school community has been failed by:
    a. The principal by refusing to cooperate with law-enforcement raises eyebrows and unnecessary questions, because the other two suspects are fully cooperating with law enforcement.
    b. The circuit manager has failed in the execution of the duties expected of him/her: “Their
    responsibilities are leading and providing managerial, administrative, technical, resources and curriculum support to principals and schools.” (https://repository.nwu.ac.za/handle/10394/40136#:~:text=Their%20responsibilities%20are%20l eading%20and,support%20to%20principals%20and%20schools)

Failure of the Department of Education in Addressing the Sexual Assault Case

  • The delay in the Department of Education’s response to the reported incident raises serious
    concerns about its commitment to child protection
  • The Department refuses to take responsibility for the incident, citing the school’s private status and separate governance
  • It claims it cannot compel the principal to cooperate because he is not directly employed by the Department, even though two other suspects have cooperated
  • The decision to deregister the school fails to address the core issue of the child’s sexual violation. Instead of holding the principal accountable for inaction, it unjustly deprives the victim and other learners of their right to education
  • The Department’s handling of this case demonstrates a lack of prioritization of sexual assault cases, failing to act in the best interests of the child.

We call pastors and our churches to call out and report illegal schools and ensure that there are school accompaniment programs by congregations in all our communities. We further call that all places that deal with children, develop policies that ensures and enshrines the right of the child as per the broader human and child rights category of Social, Political, Economic, Civil and cultural rights. The African Charter on the Rights and Welfare of the Chid is a regional framework that promotes and protects the Rights of Children.”