HUMAN RIGHTS VIOLATIONS AGAINST CHILDREN BLATANTLY DISHONOUR OUR CONSTITUTION

This past week, massive protests erupted across the nation following the harrowing sexual assault of a Grade 1 learner, seven-year-old Cwecwe, at Bergview College, a private school in Matatiele, Eastern Cape.

The incident, which reportedly resulted in the drugging and rape of the young child, allegedly occurred in October of 2024. Despite reports that the mother reported the matter to the police, for five long months, it was largely ignored.

To date, the investigation is being led by the national Police Department, together with the SAPS Family Violence, Child Protection and Sexual Offences Unit.

Although Eastern Cape Education MEC Fundile Gade initiated proceedings to withdraw Bergview College’s registration, the Eastern Cape Department of Education has since withdrawn the decision. Although the nationwide outcry over this deplorable incident is palpable, the case remains unsolved, with no one apprehended to date.

According to the World Health Organization (WHO), approximately 1 billion children aged between 2–17 years have experienced physical, sexual, or emotional violence or neglect in the past year. In South Africa alone, over 106 000 rape cases and 22 000 sexual assault cases involving children have been reported over the last six years (2018-2024) – an average of 316 cases per month. This equates to 48 child rape cases opened per day. Additionally, crime statistics from April 2024 to June 2024 show that almost 100 students were raped at school.

Crime against children is a grave and growing concern, not only internationally but also in our own backyards. Nationwide, rape constitutes almost 40% of all reported crimes against children. These heinous statistics are not only indicative of a societal problem, but an inherently human problem.

South Africa, a nation freshly emerging from Human Rights Month in March, has been recently plagued by harmful incidences where children are concerned. From defective food products that led to the death of scores of children – and the hospitalization of many more across the nation – to a concerning rise in missing children’s cases (a total of 632 in 2024 alone – such as that of 6-year-old Joshlin Smith) – has indicated that we are facing a serious crisis.

#JusticeForCwecwe was the nation’s collective outcry this week when scores of citizens took to the streets to protest this ordeal. This movement shone light on the intersectional nature of the challenges and extreme dangers faced by South Africans – but more importantly, South African children.

Child sexual abuse does not only leave a physical scar on victims, but also leaves a deeply psychological burden. The mental state, behavioural patterns, and overall quality of life are adversely impacted in varying degrees. This is especially sensitive for young children who do not have the social and psychological capacity to overcome these types of traumas.

This can lead to an array of mental illnesses, issues with interpersonal relationships, self-harm tendencies, a distorted and distrustful view of adults and society, and so many more challenges. Healing from the trauma of abuse can be a prolonged process spanning several years.

In almost every area and institution of our society, the protections of children are upheld with the highest regard. It is therefore dishearteningly appalling when children are abused in spaces that are inherently made to nurture them – such as schools and homes.

Ensuring children are safeguarded against any type of violence is a fundamental right secured by the Convention on the Rights of the Child, as well as our nation’s great Constitution. One thing has been revealed as a painful reality of post-apartheid South Africa: that our great Constitution is being sorely neglected.

Various government bodies and civil society organizations have condemned the school, the investigating bodies, and the school’s leadership for the abuses that have occurred against the little girl – and who knows how many more young children have faced the same kind of violence?

Ultimately, this case is the blatant violation of a child’s human rights, constitutionally mandated rights, and the safety that is supposed to be assured in our democratic society. The persistence of this investigation – although necessary – is sending a message that child abusers can escape discipline, using the school systems loopholes to abdicate themselves from such situations.

This case is disgraceful, and a school where such incidences can occur is flagrantly disreputable. It is not only on the onus of the Department of Basic Education to drive forth this vigorous investigation forward, but also the fundamental responsibility of the highest levels of governance, from President Ramaphosa himself, to the Constitutional Court of SA. This is not a matter that should be left for the deliberation of institutions with their own vested interests, it is a public safety and human rights issue, and must be treated as such.

This case truly highlights the vulnerability children face in our society. One thing is true however – no matter the ranks of power one may occupy, they can never be exempt from the laws of our Constitution, which enshrine the rights and dignity of everyone in our society – especially young, defenseless children. 

In the face of growing global challenges, it is imperative that we stand united in our commitment to upholding the rights of children and protecting human dignity, ensuring a future where every child can grow, thrive, and live free from harm. As former President Nelson Mandela famously stated: 

“Our children are the rock on which our future will be built, our greatest asset as a nation.“ 

Our collective action today directly shapes the type of society we live in. It is imperative that we remember that the children of today are the leaders of tomorrow, and that our actions (and inactions) today will certainly shape the legacies of the future.