CAPE TOWN - The wheels of justice are turning slowly for a Mitchells Plain teenager as outstanding DNA evidence once again threatens to delay the case against her alleged rapists, one of whom she has to see at school everyday.
The now 16-year-old girl was 14 when she was raped in 2020, allegedly by two other minors who were released on warning.
While the one accused did not return to the school this year, the other still does, causing the teen to face secondary victimisation on a daily basis.
The case is expected back in court for trial on March 16, but there is a high probability that it will be postponed due to outstanding DNA evidence caused by a backlog at the SAPS Forensic Science Laboratory (FSL).
SAPS Western Cape spokesperson Wesley Twigg said the Senior Public Prosecutor has sent a letter to prioritize the DNA result in the case.
But the Cape Times has it on good authority that the DNA evidence is still outstanding.
Twigg did not comment when probed further on whether it has since been received.
“The mentioned case is set for trial at Mitchell’s Plain Regional on March 16, 2022. A letter to prioritize the DNA result was requested from the Senior Public Prosecutor,” he said.
Western Cape National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila, said the DNA backlog at the FSL had disrupted many court cases, with some even being withdrawn.
“He said: ”The pressing DNA backlog status due to outstanding reports from SAPS FSL resulted in many court cases being either postponed or even withdrawn, which is (as we were informed by SAPS) due to the shortage of reagents / chemicals required in the DNA analysis process.
“This position unfortunately triggered in some courts extensive backlogs in outstanding cases where the DNA was urgently required which had a detrimental impact on the court rolls.
“This also impeded the NPA in its prosecutorial mandate, specifically in relation to sexual offences and femicide matters,” Ntabazalila said.
The NPA and the FSL have been collaborating on a priority initiative, as supported by both Deputy Ministers of Justice John Jeffery and SAPS during October 2020, in an attempt to fast track outstanding DNA analysis reports.
“As at 13 October 2021, a total number of 2743 FSL reports were received and distributed to the various DPP-offices. In the last batch of 897 reports submitted to DPP divisions, the WC received a total of 143 reports (the second highest number of reports forwarded to DPP divisions).
“It is evident that our joint intervention between NPA and SAPS (FSL) re. the prioritization of these analysis reports, is proving to be hugely successful,” Ntabazalila said.
Speaking on the daily trauma that the teen has to face when seeing her alleged attacker, Western Cape Education Department spokesperson Millicent Merton said the school could not prevent the alleged offender from accessing education.
However, cases needed to be seen on their own merit and could be guided by the courts.
Western Cape Commissioner for Children, Christina Nomdo, previously said she could not comment as her role was one of oversight of government departments in the social not criminal justice cluster, and this “is the limitations of my legislated mandate”.
Human and civil rights activist Zona Morton said systemic issues in the justice system were causing many sexual assault victims to bear the brunt.
She added that Nomdo’s refusal to comment on the matter involving the 16-year-old, showed up the Children’s Office.
“We have Chapter 9 Institutions which proclaim to have Mandates to change the Criminal Protection Act.
“However they remain as silent regarding rapes and murders across SA.
“We were excited when we were told that a Commissioner for Children, Ms Christina Nomdo has been appointed in the WC.
“Yet when horrific crimes are committed against children, she is MIA.
“The DNA Bill has been signed into effect after years of lobbying and extreme hard and committed work by Vanessa Lynch.
“We have to challenge the systemic issues all citizens of SA are facing.
“As a activist for change I will not accept that a rapist or murderer has the same rights as a 4 month old baby that has been brutally raped and murdered.
Nomdo reiterated her position: “As the Western Cape Commissioner for Children I am very concerned about all the rights violations that children experience. My mandate is very clear about where I should focus my attention. If I get involved in every matter on the frontline, with the limited capacities in my office, we will not make the strategic systems change this office is meant to target.”
Cape Times