Date: 15/04/2025
Recent news of the rape of a seven-year-old girl in Matatiele has sparked national outrage and seen thousands protesting for justice, with the survivour and her family having experienced unimaginable trauma. This incident, which allegedly occurred six months ago, has still not seen adequate investigation and accountability. It is another stark reminder of the urgent need to remedy systemic failures in how sexual and gender-based violence (SGBV) is addressed, particularly in schools, its handling by the criminal justice system and other accountable stakeholders, and the protection of vulnerable persons, such as children.
Gender-Based Violence in Schools
SGBV in schools reflects the extreme gender inequalities and violence which manifest across South Africa.
This recent tragedy is unfortunately not an isolated incident. At least two other reported incidences of the rape of children of similar ages in Matatiele have surfaced. In 2022/23, there were 19 418 reported cases of common assault and assault with intent to do grievous bodily harm against children nationally – approximately 45% of all reported crimes against children. Rape was the most reported crime against children, accounting for 38,3% of all cases involving minors.
Schools should be safe spaces for children to learn and grow. The disturbing reality is that many schools fail to provide a safe environment, particularly for girls and vulnerable children. Acts of violence, sexual harassment, and other criminal behaviour in schools severely undermine affected children’s learning and development by creating conditions of fear and hostility, and increasing the risk of ongoing violence and trauma.
While SGBV in schools is inherently debilitating, its harm is exacerbated when schools and the State fail to respond urgently, sensitively, and consistently. It is especially outrageous that, in some schools, parents and caregivers are not even made aware of crimes perpetrated against their children.
Delays and Obstacles in DNA Testing and Evidence Collection
DNA collection and testing are critical for justice in sexual violence cases, which are undermined by processing delays, insufficient forensic resources and bureaucratic inefficiencies. These delays can have devastating consequences for survivours, who face further trauma and uncertainty as they await justice, including the risk of facing their alleged perpetrators or of suspects within their communities roaming freely. In a recent Portfolio Committee hearing, the South African Police Service Forensic Science Laboratory Division (SAPS) reported a backlog of over 140 000 cases – and therefore pending criminal investigations.
Successful prosecutions require skilled and committed investigative officers to build credible cases, supported by DNA evidence. The Family Violence, Child Protection, and Sexual Offences (FCS) unit within SAPS must be fully capacitated to deal with the scourge of SGBV cases expeditiously and professionally, while avoiding secondary trauma and victimisation. Government must ensure that forensic DNA testing services are adequately funded, resourced, and staffed to handle the increasing volume of SGBV cases, eliminate DNA testing backlogs and prevent unnecessary delays in survivours’ access to justice.
Irresponsible reporting by the media
We are deeply concerned by the media’s reckless identification of the child. This violates journalistic ethics and breaches the legal protections designed to shield vulnerable children from further harm. These are journalistic duties that are not extinguished upon the child’s identification by her family or other media. Publicly identifying children – whether through names, photographs, or videos – risks exposing them to re-traumatisation, victimisation, and potential retribution from perpetrators. It also subjects them to unnecessary public scrutiny at a time when they should be given space to recover from their ordeal. Continued media exposure of the child and her family could severely compromise their ability to heal.
When reporting on child victims of heinous crimes such as rape, the media must refrain from publishing their identity, even where a child victim has already been identified in other media. The media’s failure to refrain has violated the Press Code of Ethics and Conduct for South African Print and Online Media.
The continued exposure of the child serves no public interest. Further, there is no evidence that fully informed consent was obtained from both the child and their legal guardians before publishing their details. We therefore urge all media houses to respect children’s rights and their best interests enshrined in section 28(2) of the Constitution, when publishing on matters involving children. The safety and well-being of children is not subservient to headlines and “breaking news”. Publications still carry the same impact without identifying child victims.
Access to Justice and Legal Representation
Access to justice remains one of the most significant barriers to accountability for SGBV in South Africa. Many survivours, especially children and those from disadvantaged backgrounds, cannot access adequate legal representation or support. Many cannot afford legal costs, navigate the complexities of the legal system, or secure psychological support during the trial.
We call on the South African government to ensure that legal aid services are accessible to all survivours of SGBV, particularly minors, and that they are provided with the necessary psychological and social support to navigate the often-traumatic process of seeking justice. Legal support should not be a luxury for the few – it is a right for all survivors of violence.
The Need for Education on SGBV Prevention and Child Protection
Prevention is key in addressing SGBV. Without adequate education on gender equality, human rights, and child protection, children are made vulnerable and unaware of how to recognise and access protection from exploitation and violence. It is essential that SGBV prevention programmes are integrated into the national school curriculum – all children must know their rights and available support mechanisms
Child protection programmes must involve schools, communities, and families, and we must address harmful gender stereotypes and attitudes that perpetuate violence and discrimination against girls and women.
Call for Urgent Action and Accountability
We demand that the authorities take swift and decisive action in this case and in all cases of SGBV involving minors. There must be full accountability for the perpetrators, and effective prevention measures must be put in place and accounted for.
We call on the South African government to prioritise the reform of the justice system, education system, and child protection services to ensure that all children, especially girls, can grow up in a safe and supportive environment.
We stand in solidarity with the survivour and all victims of SGBV, and we will continue to fight for a society upholding the rights and dignity of every child, with justice for every survivour.
For more information contact:
Kayan Leung
Head: Gender Equality Programme, Senior Attorney, Lawyers for Human Rights
kayan[@]lhr.org.za
Jay-Dee Booysen
Media and Communications Specialist, Equal Education Law Centre
jay-dee[@]eelawcentre.org.za
