BERGVIEW College, an independent school in the Eastern Cape has remained defiant that its doors will remain open despite a 24-hour notice to deregister over its handling of the rape of a 7-year-old allegedly on school premises.
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BERGVIEW College, an independent school in the Eastern Cape has remained defiant that its doors will remain open despite a 24-hour notice to deregister over its handling of the rape of a 7-year-old allegedly on school premises.
The school intends to challenge the Eastern Cape Department of Education’s (ECDE) decision to issue it with a notice with the intention to deregister.
This follows complaints that the a rape case involving a 7-year old learner at the school has dragged on for several months with no resolution and the the principal allegedly refusing to provide police with a DNA sample.
Police minister Senzo Mchunu on Saturday confirmed three individuals, including the school principal, had been identified as suspects in the rape of a 7-year-old girl, from Matatiele, who was allegedly raped on school premises, while waiting for her transport.
“All outstanding statements have since been obtained by the Investigating Officer. DNA tests have also been conducted. The Senior State Prosecutor will be consulted in the course of the coming week whereafter, the family will be provided with feedback on the matter,” Mchunu said.
Afriforum, who had been accused of protecting the principal, said their private prosecution unit rejects "any suggestion that the unit is protecting a suspected rapist from investigation".
The unit represents Jaco Pieterse, Principal of Bergview College in Matatiele.
"Pieterse is not a suspect in the rape case involving a learner at the school, nor have the South African Police Service (SAPS) ever regarded him as a suspect that would justify their request for a buccal sample for DNA testing. Further, it is the unit’s understanding that Pieterse had no contact with the victim prior to the offence being committed, nor is there any evidence that the offence took place on school grounds. The Investigating Officer’s informal request that Pieterse provide a buccal sample was made at the behest of the victim’s mother. Therefore, it is patently untrue that Pieterse has not co-operated with the police in their investigation," Afriforum said.
The ECDE said one of the conditions for the registration of independent schools is that they must provide a safe and secure schooling environment.
“The rape case involving a 7-year-old learner at the school and the current investigation and the handling of the matter by Bergview College has violated the conditions regarding the safety of learners. A rape case was opened in October 2024 and to this date, the matter has not yet made progress. The delays are attributed to the school management. The Department is concerned with the conduct of the school principal in relation to his apparent refusal to cooperate with the South African Police Service (SAPS). The Department has therefore taken a decision to withdraw the registration of Bergview College as a school in the province.”
The department said its officials visited the school to deliver the letter on Friday, the department confirmed.
“This decision becomes effective within twenty-four (24) hours. The department will commence the process of placing the learners from Bergview College in other schools in the area.”
In a letter addressed to parents on Sunday, the school said it intended approaching the courts to set aside the de-registeration.
"The school has taken urgent legal advice and we have been advised that the MEC does not have the authority or power to withdraw the registration of our school as he has purported to do. His purported decision is illegal and invalid and does not comply in any way with the prescripts of the South African Schools Act or Eastern Cape legislation relating to the registration and deregistration of independent schools. The School will be approaching the High Court on an urgent basis to set aside the illegal and invalid “decision” that the MEC has made.”
The school maintained that the principal, ‘according to the SAPS’ was not a suspect in the case of rape and is not connected with such matter in any way.
“In the circumstances the school feels that our principal was entitled to take personal legal advice to protect his rights. Management has done an extensive investigation regarding the matter and found no evidence that the incident took place during school hours or on the school premises. The matter is, however, the subject of the SAPS investigation and the school has given all information requested to the SAPS for their investigation and co-operated fully with the investigators when requested to do so."
The school said that a non-educating employee who is allegedly a person‘of interest to the SAPS has been placed on indefinite leave pending the finalisation of the SAPS investigation.
“The school has been advised that the aforesaid employee is one of 4 possible persons under investigation.”
"NotInMyName International's Themba Masango said the reported “nonchalance” of the school and its principal was deeply alarming.
“An independent audit should investigate the school’s response to identify failures in protocol, negligence, or attempts to obscure the truth.The principal and staff must be held accountable if found complicit or indifferent, with consequences ranging from disciplinary action to legal prosecution, as appropriate.” said Masango.
Parents for Equal Education founder, Vanessa Le Roux added: "I have been saying this for almost a month now, I have started engaging the Ministers of police and Justice, they should stop passing their duties as law enforcement agencies, and the criminal justice system to departments of education. This little baby will never be the same, her innocence was taken in the most Horrific way, and a Principal is worried about the name of a school, and "rumours"?
Cape Times