Blind SA turns to court for new abuse probe

BLIND SA has approached the high court seeking an independent investigation into a series of allegations of mistreatment, including alleged rape, of pupils at the Pietermaritzburg-based school for the blind and visually impaired.

The incidents Blind SA want reinvestigated happened six years ago, in 2018. The body’s application, filed at the Pietermaritzburg High Court on July 11, claims the original investigation into the allegations against the Arthur Blaxall School for the blind were inadequate.

Last month, the Education Department opposed the application.

No one was criminally charged and prosecuted for the alleged physical and sexual assaults after the school and provincial Education Department concluded their initial investigation.

The lobby group for people living with a visual disability want the court to appoint Centre of Child Law’s Ronaldah Lerato Karabo Azah to conduct another investigation into pupils’ allegations of sexual assault, neglect, bullying, living condition and poor-quality meals given to them.

Blind SA President Christoffel de Klerk said the pupils’ claims needed new urgent attention because it wanted justice for victims.

The Education Department filed a responding affidavit opposing Blind SA’s application on the basis that the issues raised happened six years ago and had been addressed. The department said the new investigation would disrupt the school’s operation.

De Klerk said it would have been better for the department to support the application so the allegation could be investigated and perpetrators be dealt with.

“But now it (education) is saying there are no issues,” said De Klerk.

He said there were “cases of rape” of pupils which had allegedly not been properly dealt with.

“There are cases of pupils being injured when there was nobody to care for them at their residences.

“The food issue was a lesser issue in the catalogue of what is happening there because it was just not nice food to eat and was off,” he said.

In its affidavit, Blind SA listed cases of mistreatment of pupils who were boarders.

The court document, compiled by Blind SA chief executive officer Jayaseelan Nair, who according to the department, was once a pupil at the institution, listed the school governing body (SGB), KwaZulu-Natal Education MEC Sipho Hlomuka and Basic Education Minister Siviwe Gwarube as the respondents.

When contacted for comment, Basic Education spokesperson Elija Mhlanga said it would be inappropriate for him to comment on an issue that has been referred to the court.

“The matter is being handled by the legal section,” said Mhlanga.

The provincial education department, school management and SGB did not respond to requests for comment.

The group wanted Azah to investigate allegations of:

• Three instances of sexual abuse at the school premises;
• Overcrowding in the school hostel;
• Inadequate food and nutrition served to the pupils;
• Neglect and inadequate supervision of pupils in the hostel;
• Inadequate number of braillers and textbooks;
• Pupils over the age of 18 being isolated from their friends at the boarding facility;
• Poor infrastructure.

Blind SA alleged that the school hostel, which was meant for 120 pupils, accommodated 185.

The allegation sparked a debate after they were aired by a Moja Love Channel 157 on DStv in 2022.

The Blind SA papers said “Parent One (was interviewed by the channel) stated that their 7-year-old child relayed to them several startling revelations about the goings-on at the schools”, including being regularly assaulted by other pupils.

“Two photos showed the young child with injuries on head and chin.”

The document quoted one of the parents saying “the children are abused and raped at the school by other” pupils.

“The aunties (caregivers) at the hostel that are meant to watch over them, do not do so. Instead, they drink alcohol in front of the kids,” read the court document.

It also alleged that parents had reported the situation to the department “but received no assistance”.

“The school ignored the parents each time they talked to the school principal about this matter.

“They contacted the show to help them find out what is really happening at the school.”

Blind SA also told the court that another parent related how her/his 10-year-old son was raped in the school toilet and that the incident was confirmed by a doctor medical examination report.

“Parent Two also stated that the school was aware of the incident and that they spoke to the principal in December 2021” but the parent claimed to have had no feedback despite some follow-up.

The papers allege that housekeeping supervisors behaved in a manner that “resulted in the absence of a parental figure” with pupils “not having anyone they trust or could confide in”.

The filing claimed there were times when there were no supervisors in attendance while pupils were in the hostel..

In a letter to the education department in April 2022, which was attached to the Blind SA affidavit, school principal Vincent Govender said the school had taken steps to address allegations.

“The first case of sexual abuse was brought to our attention on 14 April 2018 (and) the allegation was investigated. The parents of the perpetrator and the victim were informed, a meeting was convened, a tribunal was held.

“The perpetrator was suspended from the hostel but retained as a day scholar (and) the parents of the perpetrator chose to remove the learner from the school (and) Mr Nursoo, a psychologist, provided counselling for the victim,” said Govender in the letter.

Govender said another victim of sexual assault was referred to Thuthuzela Clinic in Edendale while the school was in the process of providing counselling.

“However, the mother was advised by the clinic personnel to adopt an alternative course of action. Consequently, the school was unable to take the matter further.”

He said a parent of other victims of sexual assault reported the matter to the police whose social worker counselled the pupils.

In the responding affidavit, provincial education head Nkosinathi Ngcobo said a new investigation would be a duplication of the previous process.

“It will also disturb the operations and educational programme of the First Respondent (Arthur Blaxall School),” Ngcobo said.

He said reopening the investigation was not warranted as “the incidents occurred a long time ago and necessary investigations were made. Other issues of complaint related to administrative issues have already been solved,” he said.

According to Ngcobo, if the investigation reopened, it would mean that the curator would have to interview all parents, pupils, and staff using unlimited access to the school and hostels, a situation that would disturb the school curriculum and operations.

“No information is provided about when and how the investigations are going to be conducted without disturbing the curriculum.

“Currently, the school has more than 120 enrolled learners with special needs (and) the applicant wants to interview all learners, and parents on three incidents of sexual abuse which occurred years ago,” said Ngcobo.

South African law has no prescription for sexual offences.