Note to Editors: Please note Riona Gokool, MPL sound bite in English
The DA is deeply concerned by a written parliamentary reply (view here) from KwaZulu-Natal’s (KZN) Office of the Premier (OTP) regarding the investigation and prosecution of statutory rape cases, involving under-age girls who have given birth, terminated pregnancies or are currently pregnant.
The reply includes an alarming confirmation by Premier, Thami Ntuli, that while KZN’s Department of Community Safety and Liaison exercises civilian oversight over the South African Police Service (SAPS) – monitoring, investigation and prosecution handover of statutory rape cases remains SAPS sole responsibility.
This admission highlights a critical gap in accountability. Despite the departments oversight mandate, there appears to be no direct mechanism to ensure that cases of statutory rape are effectively pursued, investigated and referred to the National Prosecuting Authority (NPA) for prosecution.
The Premier’s response further indicates that the department only intervenes after cases are withdrawn or struck off the roll through Court Watching Briefs and Docket Audits. This reactive approach means that failures are identified only after justice has already been denied, rather than being prevented through proactive monitoring and interdepartmental coordination.
The DA is deeply troubled by this systemic weakness, particularly in cases involving minors who are victims of sexual violence. It is particularly concerning given the DA’s recent finding that 438 girls between the ages of 10 and 14 years gave birth in KZN in just over a year.
Every statutory rape case represents a child whose rights have been violated, yet many such cases fall through the cracks of the justice system, never reaching the courts. The DA calls on Premier Ntuli to;
– Establish a dedicated interdepartmental task team between SAPS, the Department of Health (DoH) and the Department of Education (DoE) to identify and refer all cases of underage pregnancy for investigation and prosecution
-Strengthen real-time monitoring of statutory rape dockets to ensure they are handed to the NPA without delay and;
-Table a quarterly public report within the KZN Legislature detailing the number of reported statutory rape cases, their investigation status and outcomes.
As a partner within KZN’s Government of Provincial Unity (GPU) the DA remains committed to ensuring that every child in KZN is protected by a responsive, accountable, and effective criminal justice system. The cycle of impunity for sexual predators must end.