Human Rights Commission demands action on child safety in wake of #JusticeforCwecwe rape case

The South African Human Rights Commission has added their voice to the #JusticeforCwecwe matter calling on compulsory use of the National Register for Sex Offenders. 

Following public outcry, nationwide protests took place this week calling for justice to be served after the seven-year-old girl was raped at Bergview College in Matatiele, Eastern Cape last October. She was attacked on the school premises while waiting for a school transport. The incident was reported to police but no arrests were made for nearly six months.

The Commission said the incident was a pivotal point for "reflection and urgent advocacy around the systemic failures in South Africa’s child protection systems". It reiterated that the best interests of children must take precedence and that the Children’s Act places an obligation on all organs of state, caregivers, and decision-makers to ensure that the well-being of the child is upheld. 

The Commission called for:

• Compulsory and consistent use of the National Register for Sex Offenders to screen all individuals working in environments involving children;
• Strengthen child protection units and interdepartmental coordination mechanisms;
• Increase psycho-social support for affected children and their families;
• Equip educators, healthcare providers, social workers, and community leaders to recognise, report, and respond to abuse urgently; and
• Review existing legislation and policies to identify and address weaknesses in monitoring, oversight, and intervention mechanism.

"The prevalence of child abuse, neglect, and exploitation in South Africa demands not only strong condemnation but decisive and coordinated action. Although South Africa has a robust legislative and policy framework aimed at protecting children, the core challenge lies in the implementation, enforcement, and institutional coordination of these legal provisions. Cases such as the Cwecwe matter reveal glaring lacunas in timely intervention, lack of accountability, and systemic inefficiencies which enable the ongoing violation of children's rights," said the Commission. 

The Commission urged the National Prosecuting Authority to go to court to obtain an order compelling an individual to submit to the taking of bodily samples, such as DNA. The school principal, represented by Afriforum, has refused to submit DNA for testing saying he has not been charged. Afriforum said they would not defend anyone accused of rape. 

"The SAHRC emphasises that addressing child abuse is not solely a legal matter—it is a societal responsibility, my child is your child. Families, churches, and civil society need to play a role in safeguarding the rights of children. It requires a cultural shift toward zero tolerance for any form of abuse, grounded in awareness, advocacy, and accountability."

Weekend Argus