• Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons;
• Portfolio Committee on Education;
• Portfolio Committee on Health;
• Portfolio Committee on Justice and Constitutional Development;
• Portfolio Committee on Safety and Security;
• Portfolio Committee on Social Development;
• Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women.

The aims of the hearings are as follows:

• To understand the nature of sexual violence;
• To develop a comprehensive picture of the causes of this crime and the conditions that exacerbate it; the political, social and economic values that underpin this violence;
• To understand gaps in existing legislation that should protect children, such as the Child Care Act, the Sexual Offences Act, the Criminal Procedure Act;
• To understand the gaps in Government’s response to violence against children such as services to families, especially rape survivors; effective police casework; the criminal justice system, the rehabilitation of offenders;
• To identify short, medium as well as long term solutions, and what action is needed from Parliament and Government;
• To understand what is needed to change behaviour in respect of the sexual abuse of children.

In order to facilitate members’ preparation for the hearings, the Parliamentary Research Unit was requested to provide the Task Group with concise research material that covers the most pertinent research by institutions and organisations across the country into the causes and ramifications of sexual violence, as well as policy proposals that may have emanated from this research.

The initial stage of this process was to provide an overview of the written submissions. The oral submissions were captured at the public hearings from 11 – 13 March 2002. This report is thus a consolidation of the written and oral submissions.

The perception of our society as having a "rape culture" needs to be located within an historical framework. The legacy of violence that underpinned the apartheid state has led to extremely high levels of violence throughout society, including in the home. The political, social and economic aspects of South African society has also shaped and organised the crime of rape which is a reflection of the deeper problems faced in our society. There is a tacit acceptance of rape, which is:

Over and above the aspects mentioned above, such as control and power, one needs to critically focus on other factors that contribute to the spiral of sexual abuse of children. Various theories are advanced to understand the causes, context and nature of sexual abuse. Some of these, amongst others are:

• The ideology of sexuality and its inherent and underlying assumptions of male and female sexuality;
• The form and content of the institutions of pornography and prostitutions and how these contribute to the increasing image of girls (and women) as docile objects and men as the dominant subjects;
• Although the coordinating function of language is to facilitate communication, the importance extends beyond this in the context of sexual acts of dominance and control. Language is a powerful tool that mirrors prevailing culture, teaches and abets attitudes, which helped create it. Language in a sexist society comprises words, which objectify and demean girls (and women).
• The myths around sexuality and rape myths – myths that men’s sexual cravings are uncontrollable is part of the fiction surrounding rape and used by men to explain this behaviour;
• The impact and implications of unemployment that can be viewed as a threat to the personal identity of a mass of men;
• The recent misnomer such as, "sleeping with a virgin can cure AIDS" highlights some of the myths so prevalent in our society.

South Africa has ratified certain international treaties, which places certain obligations on states to realise these rights for all citizens.

These are:

• The United Nations Convention on the Rights of the Child (UNCRC);
• African Charter on the Rights and Welfare of the African Child (AC);
• Review and Reform of Legislation and Policy on Child Protection since the 1996 Stockholm Conference Against Commercial Sexual Exploitation of Children.

• Amendment of the Films and Publications Act;
• Development of the Child Protection Units;
• Children’s Courts and Sexual Offences Courts in major centres;
• Development of a Protocol for Child Abuse and Neglect and Victim Empowerment Programmes;
• National Strategy on Child Abuse and Neglect;
• Review of the Sexual Offences Act;
• Review of the Criminal Procedure Act.

Although various structures at government level are in place to address the issue of sexual abuse of children, the implementation of laws and policies are not fully actualised. This could be attributed to a number of factors, which range from limited resources to a lack of knowledge about the gendered nature of this issue. There is an assumption in South Africa that violence, sexual abuse of women and children is a personal and private affair and therefore the political impetus to address this is not as crucial as the broader, global aspects of politics and economics.

The multi-dimensional phenomenon of sexual abuse of girls and women in South Africa is beginning to receive much more attention than was the case in the past. The formation of various Departments to address the different aspects of South African society has seen the role-players working in often isolated and compartmentalised entities with its focus on specific issues. Therefore, this becomes rather damaging, as one needs to view the issue within a holistic paradigm as this issue impacts on the legal, social, economic and health rights of girls (and women).

It is therefore important that all sectors monitor the trends and liaise with one other regarding the most effective ways in which to combat this problem. In this way, there is a mutual interconnected relationship with the various departments and other stakeholders. The health costs of treating victims must be weighed against the cost of preventative care. If more resources were spent on education, shelter services, policing and prosecution, a strong message would be sent out that this is a crime that is not condoned.

The intensity of the spiral of sexual abuse of children in South Africa demands that certain intervention strategies be effected to eradicate this pervasive problem in our society. Therefore, primary, secondary and tertiary interventions need to be developed to eliminate the conditions that lead to these occurrences. Primary interventions entail the political restructuring of society, that is; the combating of violence, abuse and unemployment, the establishment of improved housing, health, welfare and educational systems. Secondary intervention such as public awareness, information distribution and education on the issue, as well as addressing gender roles in society necessitates improved conditions and social structures in place to empower girls, boys, men and women. Tertiary intervention requires that a comprehensive approach and provision of structures for the treatment of victims/survivors be instituted. This requires that over and above crisis intervention to help victims, a more holistic approach be taken by practitioners to locate the issue of sexual abuse of children in its economic, political and social totality.

• It is suggested that an audit of the existing legislation be carried out in order to determine whether it is adequate to deal with the issue of child pornography. If the legislation is found to be inadequate, steps must be taken to amend the existing laws or introduce new legislation.
• Presenters made recommendations regarding the South African Law Commission reports on the Sexual Offences Act and the Child Care Act. Some presenters called for amendments to the current Acts before the new Acts are passed due to the urgency of the issue of child rape. The relevant Portfolio Committee should therefore seriously consider this recommendation.
• The Childline presenter, as well as various other presenters, identified inadequate bail legislation as one of the exacerbating factors of child rape and abuse. It is thus recommended that the Department of Justice be summoned to appear before the Task Group to propose solutions to the bail problem.

• According to Ms Johanna Kehler from NADEL, people who are aware of the occurrence of a rape must be convicted even if they did not directly participate in the rape. The law must allow for the prosecution of any person who allows and facilitates either directly or indirectly a rape to occur.
• The NADEL presenter also indicated that if any person has knowledge of sexual abuse they should be obliged to report this information. The law should provide for the mandatory reporting by certain groups such as teachers and social workers.
• The RAPCAN submission was presented by Kirsten Franci who suggested that legislation should provide for the category of ‘vulnerable witnesses’.

• Alcohol abuse was cited as a significant factor in causing sexual abuse. It is recommended that legislation severely restrict the sale and distribution of alcohol.
• Urgent attention needs to be paid to replacing the Child Care Act with more comprehensive legislation. The new legislation is envisaged to be introduced in Parliament in the second half of 2002. This needs to be followed up.
• Section 4 of the Prevention of Family Violence Act of 1993 needs to be repealed since it has created confusion with respect to reporting cases of sexual abuse.
• The Department of Justice has indicated in their presentation that the existing bail legislation (contained in section 60 of the Criminal Procedure Act) is adequate. In fact, according to the Department bail laws had been tightened to deal, especially, with repeat offenders. On the other hand, the majority of presenters identified inadequate bail legislation as one of the exacerbating factors of child rape and abuse. It is thus clear that, somewhere between paper and practice, something has gone wrong.

• Investigating Officers.
• Prosecutors.
• Probation Officers (who deal with minor offenders).
• Magistrates.

• Since 2002 has been declared the year of the volunteer, more volunteers should be trained to assist in dealing with the problem of child abuse.
• There should be improved interaction among all organizations working with abused children to share experiences and expertise.
• The relevant Government Departments should be invited to brief Portfolio Committees on their Programmes aimed at eradicating child rape and abuse.

• Ms. Jackie Gallinetti, co-ordinator of the Children’s Rights Project at the University of the Western Cape, argued that a multi-disciplinary approach should be adopted to ensure better co-ordination and co-operation between role players.
• She also stated that inter-sectoral agreements and protocols should be incorporated in legislation to increase accountability of departments.
• Andre Kallis, the Head of the South African National Council for Child Welfare, argued that a National Inter-sectoral Child Protection Strategy has to be developed immediately.
• He stated that Government departments should take note of problems experienced by NGO’s.
• He also believed that the present programmes and structures of the National Plan of Action should be reviewed to include NGO representation.
• Mrs. L L Mafenia made a presentation on behalf of the Far North Regional Network on Violence Against Women. She believed that Government is unable to stop abuse without the assistance from communities. Community leaders can intervene before the child is raped and must therefore be empowered and be given the necessary resources to do so.
• Dr Rose September presented the submission on behalf of the Child Protection Programme. She suggested that Cabinet insist that the Department of Social Development complete the National Strategy on Child Abuse, Neglect and Exploitation and provide a completed draft to Cabinet.
• Dr September also called for the establishment of an inter-ministerial committee to oversee the implementation of the strategy. The main aim of the committee should be to establish inter-sectoral co-operation at national and provincial level.

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• The presentation by the National House of Traditional Leaders was made by Kgosi Suping. He suggested that a national imbizo be convened for provinces and their regions to pledge commitment to the Ubuntu concept. The medical fraternity will be requested to explain the effects of rape on victims. The national imbizo will be followed by provincial imbizo’s. The purpose of the imbizos are to urge people to develop self-esteem, self-respect and self-trust.

• Why do social workers from the Department not work closely with the CPUs in all provinces?
• National protocols for the management of child abuse cases have to be ratified by the relevant Ministers.
• The Inter-departmental Task Team involved in refining the strategy for a more co-ordinated and integrated response to child abuse, must complete its refinements by the end of March 2002. The Task Group will need to devise a mechanism to follow up on implementation.
• More collaboration is needed between the Department of Health and the Department of Education to train teachers to easily identify potential abuse cases at schools.
• Look at accountability issues with regard to joint binding agreements. If these agreements are not placed in law or regulations then consideration must be given to the role that Parliament could play in ensuring that Government departments deliver in terms of the inter-sectoral agreement responsibilities.
• An enabling mechanism to highlight inter-sectoral agreements should be developed and this information should be submitted to Parliament.
• Provision should be made for the establishment of inter-sectoral infrastructure.
• The confusion around the existence of a National Plan of Action in the Office of the President needs to be sorted out since many of the suggestions and recommendations may already be contained in this Plan. After contacting the Office on the Rights of Children situated in the Presidency, it appears as if this National Plan does exist.
• Systemic approach to preventing child abuse should be adopted and it involves working with the children who commit the crimes, their families, and other systems that they interact with such as the school, peers and the media.
• Religious organisations have an important role in facilitating moral renewal. The Task Group could use the report to engage faith-based organisations to play a more active role in the process of moral regeneration and sure that a specific focus is given to child sexual abuse in this context.

• Members questioned the issue of whether short dresses can lead to rape. Members also asked that the traditional leaders leave out the issue of short dresses causing rape when they address communities, as it may appear to encourage men.
• Caution should be exercised where traditional practices can harm children. For example, virginity testing can expose the young women who are virgins to risk and might further shame girls who are not virgins and who struggle to admit that they have been sexually abused.

• According to the RAPCAN presenter, poverty and rape is not a simple linear correlation. Poverty is also never to be used as an excuse for rape. However, it is one of the factors that place stress on an individual.
• Poverty does not cause abuse but plays a role in facilitating abuse. The Child Welfare Society presenter supports the call for a Basic Income Grant which will help to address child sexual abuse.
• According to Kgosi Suping, the presenter for the National House of Traditional Leaders, sexual abuse of children in schools is facilitated by girls wearing short dresses which may attract weaker men.
• Ms. J. Nhlopo from the Khuma Multi-purpose Organisation stated that it would be important to interrogate cultural notions such as the notion that a father is head of a household and therefore has the right to do whatever he sees fit.
• Professor Andy Dawes represented the University of Cape Town Children’s Institute. He believed that Government must ensure that children’s immediate human and physical environments do not pose a risk for abuse. This involves community level development and support strategies that can be implemented in the short to medium term.
• Professor Dawes also argued that some of the underlying attitudinal factors that lay the ground for child abuse in its various manifestations needs to be addressed. This involves the much more difficult and long-term process of changing attitude and behaviour. This is likely to occur over several generations rather than in the short term.
• Professor Dawes made the following recommendations:
• Strengthening social cohesion and making neighbourhoods safe.
• Supporting vulnerable families at risk of abuse.
• Developing programmes aimed at re-orienting attitudes and practices.
• Funding research into the problem and into solutions.
• Dr. Saths Cooper, the Chairperson of the Professional Board for Psychology, stated that there is often an assumption that the increase in rape and child abuse is as a result of South Africa’s new democratic dispensation. This could not be further from the truth since it is evident that the socialisation process of the 25-35 year age group, who make up most of the perpetrators, occurred during the 1970’s and 1980’s while Apartheid was at its height.
• Dr. Neil Anderson made presentations on behalf of CIET Africa. He indicated that the effect of socio-economic conditions and its relationship with abuse were taken into consideration during his study. It was found that sexual abuse occurs in all communities irrespective of socio-economic conditions.
• Dr. Rachel Jewkes presented on behalf of the Gender and Health Group at the MRC. She suggested that two of the main causes of sexual abuse, namely poverty and alcohol abuse, should be prevented.

• The Deputy Minister of Home Affairs focused too heavily on the question of pornography and failed to address the question of the Department’s role in dealing with the problem of sexual abuse. It is suggested that the Task Team follow up this oversight.
• Alcohol abuse was cited as a significant factor in causing sexual abuse. It is recommended that legislation severely restrict the sale and distribution of alcohol.
• Drug and alcohol abuse has been cited as one of the main causes of abuse. It is suggested that harsh sentences be given to perpetrators whether they are drunk or not.
• Many presenters suggested that a direct link existed between the levels of sexual abuse and the levels of poverty without any substantial evidence. This particular assumption needs to be interrogated and researched since it has serious implications for poor communities.
• No leniency should be given to drunk rapists as alcohol does not cause rape.

• The salaries of social workers need to be increased.
• Focus on the protection and the rehabilitation of survivors through safe houses and shelters.
• Accelerate the training of doctors in the specialised area of sexual abuse against children.
• Assemble a team comprised of department and community members to make children feel valued and cherished whatever the circumstances.
• Train doctors and nurses to collect and document evidence for presentation in court.

• Ms Rashieda Ebrahim and Catherine Solomons (a volunteer) represented the Cape Town Child Welfare Society. According to Ms Ebrahim, a major challenge facing the social services sector, is to recognise and acknowledge the value of volunteers who do not necessarily have tertiary education.
• Ms Joan van Niekerk, Chairperson of Childline South Africa, stated that role-players who work within the child protection system must be appropriately selected for their roles, appropriately trained, and appropriately debriefed on a regular basis.
• She also believed that attention must be given to child victims of child sexual assault especially male victims. Research at Childline indicates that the male victim of childhood abuse and neglect is more likely to develop abusive behaviour during both child and adulthood.
• Clifford Bestall from Shadow Pictures encouraged the registration of street committees, which were very effective during apartheid. They must be empowered to responds to cases of abuse against women and children by reporting them to the appropriate structures.
• Kirsten Franci from RAPCAN suggested that the establishment of expert Child Abuse Centres be investigated.
• Ms. J. Nhlopo from the Khuma Multi-purpose Organisation argued that a Centre for abused children should be established in each area and should be operational 24 hours a day. Children could stay at these Centres either on a temporary basis, during times of need, or permanently until they reach the age of 18 years.
• The Centre should include representatives of the Child Protection Units, District Surgeons and counsellors to ensure that holistic care is provided to children when they arrive at the Centre after being abused.

• Since it was indicated that the true extent of sexual abuse of children could not be determined because there was no single national database on child or sexual abuse, it is suggested that this database be formulated.
• Clarify the composition and mandate of the expert team to investigate the efficacy of post exposure prophylactics to rape survivors and establish the time frames for this investigation.
• Clarify whether forensic nurses are considered as experts in court cases.
• Follow up whether the Department of Social Development’s functions have been abdicated to NGO’s and explore the funding dilemma in more detail.
• One of the pertinent issues raised during the hearings is the fact that existing government and NGO Programmes are not always accessible to people living in the remote rural areas. Also, it is not always easy to attract professionals like psychiatrists to settle in these areas. It is thus recommended that the Task Group invite Government Departments, as well as the Agencies responsible for the human rights of children mentioned above and Non-Governmental Organisations, to brief it on:
• Measures that have been taken to reach rural areas with programmes.
• Recommendations on mechanisms through which targeting of rural areas can be improved.

• When one considers conviction statistics for rape and sexual offences one should not look at the convictions in isolation, but should rather assess the conviction rate against the number of actual reported cases. The Task Group thus resolved and the Department of Safety and Security agreed to provide the Task Group with statistics that disaggregates statistics in terms of reported cases versus convictions.

• Ms Salosh Pillay from the Domestic Violence Helpline in Durban, argued that the Child Protection Unit (CPU) needs to employ more trained personnel in the area of child abuse.

• The Department of Safety and Security does not attach any time frames for implementation or completion of its stated programmes. Nor does it indicate which individuals will be responsible for such implementation. It is thus recommended that Departments be required to provide the Task Group with time frames for these programmes to facilitate monitoring of progress.
• The establishment of the new Family Violence, Child Protection and Sexual Offences Unit (FCS) created confusion amongst members of the Task Group with regard to the status of Child Protection Units (CPUs). It is thus recommended that the Task Group request a follow-up presentation with regard to existing CPUs, the future of CPUs and the relationship between the 2 Units.

• When an action is brought against an alleged perpetrator of sexual abuse, the action should not be allowed to be withdrawn without the consent of the Director of Public Prosecutions.
• Sentences that are imposed on perpetrators of rape and sexual offences are too lenient. In responding to this issue, the Department of Safety and Security referred to section 28 of the Constitution which prioritises the best interest of the child at all times. Thus, after intervention by a social worker, charges against a perpetrator are withdrawn if a case is potentially more harmful to a child than it would do good.
• Victims of rape and sexual offences are often subject to secondary abuse by the criminal justice system. For example, they have to wait for long periods at police stations. The Department of Safety and Security responded by pointing to the fact that police stations have now been equipped with facilities for victims such as private rooms and a one-way mirror that shields the victim from the perpetrator/s.
• Cases of rape and sexual offences are too often withdrawn on the basis of a lack of evidence. The Department of Safety and Security responded that when it has completed its investigation, it hands over all evidence to the Prosecutor who will decide on whether to prosecute or not. If the Prosecutor considers the evidence before him or her insufficient to secure a conviction, he or she will withdraw the case.
• What mechanisms does the Department of Justice employ to ensure standardised procedures for victims and witnesses in court, especially disabled persons? Guidelines should be drafted in this regard.
• Victims of rape and sexual offence crimes are often subjected to secondary abuse by the criminal justice process.
• Court cases should be fast-tracked and completed in the shortest possible time.
• Court cases are too often withdrawn on the basis of a lack of evidence.
• The Department of Home Affairs should also be involved in One-Stop Justice Centres.
• In dealing with victims and witnesses, cultural and language aspects should be taken into account and accommodated by court staff such as Prosecutors and Interpreters.

• Thembeka Tjabane, from Duze in the Free State Province, argued that:
• Pregnancy of the child should serve as prima facie evidence of abuse.
• Bail should not be given in sexual abuse cases.
• Sex abusers should be given life sentences.
• Ms. L Khosa, a teacher from a township in Newcastle, recommended that jail sentences be given to women who protect men who rape.
• Ms. Beauty Ntuli, the co-ordinator of Women Against Children and Community Abuse (WACCA) Advice Centre, argued for harsher sentences for rapists. It was suggested that sentences for sexual abuse and rape should be at least 20 years.
• Ms. Ntuli also believed that those who neglect children should be sentenced to correctional supervision and undergo training on how to treat children.
• Ms. Jackie Gallinetti, co-ordinator of the Children’s Rights Project at the University of the Western Cape, stated that presiding officers should be trained in child development in order to assist them to make decisions regarding competency. When in doubt, experts should be called in to make decisions.
• The presenter for the South African Human Rights Commission (SAHRC) highlighted the following recommendations:
• A system that is premised on the best interests of the child needs to be developed.
• Sexual violence against children should be treated as a priority by government.
• National government has to fast-track the legislative review process of various pieces of legislation relating to the protection of children.
• Ms. Joan van Niekerk, Chairperson of Childline South Africa stated that role-players in the criminal justice system who fail in their responsibility to protect children through corruption, disinterest and carelessness must be held accountable for their failure and disciplined appropriately.
• Ms. Salosh Pillay from the Domestic Violence Helpline in Durban argued that:
• DNA testing should be decentralized to ensure that the results are obtained speedily and a conviction can be made.
• Courts should provide qualified social workers or psychologists that are trained to work with the abused children in a sensitive manner.
• In camera facilities should be provided so that children are not exposed to perpetrators.
• The Judiciary needs to address the problem of delays in courts.
• Ms. Kirsten Franci from RAPCAN stated that people who work in the Criminal Justice System must be sensitized and trained with regard to the disclosure of abuse.
• She also indicated that blockages in the Criminal Justice System must be eliminated and resources made available to combat child sexual abuse.
• The submission by the Khuma Multi-purpose Organisation was presented by Ms. J. Nhlopo. She believed that abusive mothers should be reported to the police and legal action taken against them.
• She also called for life sentences to be imposed on people who are found guilty of raping a child.
• The Aids Orphans Community programme recommended that an Ombudsman be established to deal with the follow-up of cases that are reported, but continually delayed or reneged on by the police and justice systems.
• Shabalala Lucas recommended that the issue of maintenance defaulters needs serious review, as the non-payment of maintenance severely impedes the advancement and development of children.
• Mr. Sigwela who made an individual submission recommended that DNA testing should be conducted immediately after an incident of rape so that the investigation and prosecution process can be fast tracked.

• Despite reports by the Department of Justice that bail legislation has been tightened to ensure that serious offenders such as alleged rapists and sexual offenders remain behind bars, the general feeling expressed by the Task Group and NGOs are that bail legislation is too lenient. Cases have been cited of where alleged perpetrators were released on bail and again raped their victims whilst out on bail. It is thus recommended that the Task Group invite the Department to do a briefing on the scope of existing bail legislation.
• The task team should obtain a commitment from the National Directorate of Public Prosecutions to ensure that all officials responsible for the implementation of bail legislation understand the application of the law.

• In light of allegations of abuse made against warders in KwaZulu-Natal, the Department of Correctional Services should be summoned to do a presentation to the Task Group in which it addresses these allegations.
• It is important to look at solutions after the release of offenders. Imprisonment should not be seen as the only solution. Sexual offenders are particularly susceptible to rape in prison, which negates any rehabilitative measures and may even exacerbate their problems. Rehabilitation measures in prison are important, as is careful assessment of offenders prior to sentencing.

• Ms. Joan van Niekerk, Chairperson of Childline South Africa, believes that attention must be paid to the child sexual offender. It is essential to develop programmes and services for these young people who are usually the victims of abuse themselves. They should whenever appropriate be diverted from the criminal justice system.
• Furthermore, punishment of the child sex offender has to be more appropriate.
• Ms. Buyi Mbambo from the UN Child Justice Project, indicated that diversion for many sex offenders would be an appropriate way to deal with them. This does not imply that they should not be taken through the criminal justice system. But children’s developmental capacity and age has to be considered.
• She also indicated that there was a need to ensure that programmes are in place to deal with child sex offenders. Currently there is a gap in the availability of specialized programmes. The two that are run are by Childline in Durban and SAYSTOP in the Western Cape.
• Furthermore, Ms. Mbambo stated that child sex offenders should be seen as a unique population with special needs that can be addressed through early intervention treatment efforts. Research has shown that treatment and prevention will prevent child sex offenders from becoming adult sex offenders.
• Ms. Kirsten Franci from RAPCAN suggested that there should be focus on the rehabilitation of juvenile offenders.

• Appropriate diversion and treatment programmes for perpetrators must be developed.
• The issue of child rape offenders is problematic. There are only two programmes in the country that offers assistance to child sex offenders. It has been shown that early intervention and treatment can assist in rehabilitating young rape offenders.

• Schools at all levels should be targeted by an awareness campaign to inform and educate children about sexual abuse.

• Ms. L Khosa, a teacher from a township in Newcastle believes that sex education and AIDS awareness should be offered at schools.
• Ms. Joan van Niekerk, Chairperson of Childline South Africa argued that the Department of Education should be encouraged to include in its life skills education the teaching of human rights, impulse management and responsible sexual behaviour. These skills should be taught to all learners, both male and female at every level of the education process.
• Ms. Felicia Dyanti from Langa, argued that stories about sexual violence should be told so that the silence around rape could be broken.
• Reverend Peter-John Pearson from the South African Catholics Bishops’ Conference indicated that men needed to be educated to realize that women are autonomous and equal beings.
• He stated that the religious sector has a role to play in the way that they instruct their young people in the values of their faiths. There is a need to counter-act the commodification of women and respond to the call for moral renewal.
• The Reverend also believed that education is important and programmes can be introduced to educate children and youth about appropriate forms of behaviour and interaction. Educators should also be trained to identify problems.
• Ms. Salosh Pillay from the Domestic Violence Helpline in Durban argued that educators who are perpetrators of sexual violence should not be granted bail and not be allowed to teach again.
• Ms. J. Nhlopo from the Khuma Multi-purpose Organisation believed that a full-time advisor should be appointed at each school around the country especially in primary schools to provide supportive services to abused children.
• Ms. Rhoda Kadalie called on National departments to conduct extensive campaigns aimed at men to assume their responsibility to prevent child sexual abuse.
• She believed that children should be encouraged, by means of TV commercials, advertisements, and billboards to talk about their "secrets" with an adult whom they know and trust.
• Ms. Kadalie also suggested that community education campaigns on child sexual abuse be conducted. These campaigns should also focus on educating adults to be vigilant regarding child abuse and to offer a helping hand when a child needs it.
• Dr. Saths Cooper, the Chairperson of the Professional Board for Psychology believed that schools at all levels should be targeted by an awareness campaign to inform and educate children about sexual abuse.
• United Christian Action recommended that parents be allowed more authority in determining when and how their children should be taught sex education at schools. It was further recommended that pro-abstinence, pro-family and pro-marriage sex education replace the current Planned Parenthood sex education programmes at schools.

• Time-frames have to be set for learning materials to be developed for the Life Orientation/Life Skills Learning Area programme.
• It must ensured that the module on Managing Sexual Harassment and Gender-based Violence be implemented in all provinces by the end of 2002.
• The workbook on Signposts to Safe Schools should be distributed to all schools by the end of May 2002. This needs to be followed up.
• It is uncertain whether the teachers’ manual on gender equity in education has been published and distributed to all schools. More detail is required with respect to the level of implementation of this policy document.
• The Minister’s announcement of a special task team to monitor the implementation of legal and policy instruments should be evaluated in terms of its mandate, powers and budget.
• The national toll-free line that has been proposed to assist survivors in reporting cases of abuse must be followed up.
• School governing bodies and the community should be more involved in addressing the issues.
• Educators at the school often assist children in being cleaned up after the case has been reported to the police. The problem however is that children are abused continuously and the school provides assistance in cleaning them.

• No recommendations were made in this regard

• Ms. Naledi Pandor, Chairperson of the National Council of Provinces, argued for the establishment of a national register of sex offenders and a sex offenders Act which would complement steps taken by State institutions. Examples were taken from the UK and US to support her motivation.
• She further recommends the establishment of a South African version of the UK Sex Offenders Act of 1997.
• Ms. Pandor argued for consideration of the following provisions based on both the UK and US examples:
• Sex offenders must register with the police within a certain time period after release from prison.
• Community protection orders ban sex offenders from areas frequented by children.
• Banning offenders from contacting victims.
• Adding conditions to sentencing provisions.
• Posting details of child abusers on the internet.
• Leaflet drops and posters at Police Stations and at libraries.

• While the Sexual Offender Register is supported by the presenter and other grassroots organisation it is important to carefully scrutinise the efficacy of the Register in counties where it currently exists.
• It is important to investigate the cost implications of establishing a register of this nature in relation to the actual value of this service.

• The Film and Publication Board has to continue ensuring that a balance is found between freedom of expression and restrictions on pornography.
• Complaints regarding the media should be taken to the responsible media regulatory body or a media ombudsman.

• Ms. Jackie Gallinetti, co-ordinator of the Children’s Rights Project at the University of the Western Cape, believed that a code of conduct in the media should be established which will protect children from identification.
• Clifford Bestall from Shadow Pictures suggested the initiation of a campaign where men can value their masculinity with pride. Traditional ideas about ownership of women and children should be condemned.
• Mrs. L L Mafenia from the Far North Regional Network on Violence Against Women believed that education campaigns are necessary to create awareness about sexual abuse among the illiterate and poor. These campaigns should be carried out using radio instead of television. It is also important to take language into consideration.

• The media portrayal of children is an important point of concern. Discussions should be held with the governing bodies of the media with regard to the implication of identification of a child who has been raped. There should be a balance between the newsworthy component of such acts and the need to protect the identity of the child.
• The importance of the role of the media with regard to the protection of the identification of children who have been raped and their parents is highlighted. The Task Group could consider a workshop with media bodies to discuss these issues and how to balance newsworthy coverage with protection of the child and family.
• It is important that documentaries relating to child rape are screened in this country to raise awareness about child sexual abuse.
• The media such as radio and TV can also be used in such a way that portrays men as respectful towards women.
• The presenter asked that the media provide more coverage of serious issues in the child social service system rather than only cover sensational cases.
• The question was raised whether pornography and other media exposure causes rape. Pornography and media exposure does not cause rape and therefore banning it will not stop rape. It was however noted that the media has an influence on young people and the way that they behave. The problems however are related to the relationship between men and women.
• Working with men and boys is a priority and there is a need to promote men’s television programmes.
• Sexuality and gender education is crucial in the media.

• More attention needs to be paid to legislation dealing with the trafficking of children and the deregulation of sex work.

• Ms. Z. Ebrahim, assisted by friends, represented the Youth Action Group. The organization stated that:
• Young people should be involved in the fight against commercial sexual exploitation of children (CSEC).
• An international children’s day against CSEC should be instituted.
• Focus should be placed on the demands or needs of victims.
• Government must start playing an active role in curbing CSEC.
• Legislation and other programmes aimed at eradicating CSEC should be harmonised so that there is a co-ordinated effort to fight CSEC.
• Organisations should share their mechanisms that provide information on CSEC to ensure optimal usage of resources and avoid a fragmented approach to the problem.
• Ms Vanessa Anthony represented Molo Songololo called for the:
• Development of anti-trafficking legislation.
• Prosecution and conviction of all involved or directly benefiting from the trafficking industry.
• Compliance with international agreements and agendas for action.
• Training of organisations and administrators of justice working with children.
• Its Your Move Action Group recommended the need to create awareness and to lobby national, provincial and local political and community leaders to advocate against commercial sexual exploitation of children.

• No recommendations were made in this regard

• Presenter, Ms L Khosa, called for life sentences for HIV positive rapists.
• The SAHRC argued for post exposure prophylaxis to be dispensed to child victims of sexual violence in all cases.
• The Catholic Church supports the Abstain, Be faithful aspects of the ABC campaign. The official church position on using condoms however is that condoms have not proven to be a totally reliable barrier to HIV transmission. Therefore, one cannot ask women to be on the receiving end of this risk. Many Catholics feel that it does however minimize risk, and individually would advocate for its use. In marriage however, the Bishops feel that if one partner is HIV positive, it should be a mutual decision to use condoms or not.
• Clifford Bestall from Shadow Pictures suggested that the President should:
• Outline the problem and state that Government will not tolerate the situation by giving new measures to protect children.
• State clearly that HIV and AIDS cannot cured by having sex with a virgin. Traditional leaders should also provide the correct information.
• Reverse the Government’s position on anti-retrovirals for rape victims.
• Dr Selma Broude from the Palliative Medical Institute made the following recommendations:
• Organise traditional healers who are prepared to cooperate to tell the community that the idea that sex with a virgin cures Aids is untrue. What these healers say and how this should be done must be done in consultation with the healers. A campaign should be well orchestrated and thorough and adequate funds should be made available for the message to be sent clearly and unequivocally to the communities.
• In order to combat rape as well as the spread of HIV, parents must be reached. The reluctance of parents to talk to their children about sex must be combated. The institute has organised a grouping called ‘Parents of People with HIV/AIDS’ which comprise committees of parents. Workshops are held with these committees about issues around HIV/AIDS and sexual conduct and encourages these parents are encouraged to speak to other parents about these issues.
• Dr. Rachel Jewkes presented on behalf of the Gender and Health Group at the MRC. She argued that anti-retrovirals be provided to rape survivors. The use of anti-retrovirals after rape is as effective to rape victims as is providing it to needle-stick victims.

• The Department of Health should take particular responsibility to combat, from a medical perspective, the myth that sex with a virgin cures AIDS.
• Disclosure around HIV/AIDS status is often associated with promiscuity. Education about HIV and issues of stigmatization need to be addressed to combat this problem.
• The testing of perpetrators for HIV/AIDS would motivate women to take anti-retrovirals after the rape. It is important to remember that there is a window period and that all women need to take anti-retrovirals immediately after rape.
• Track developments in the national and provincial Imbizos and provide input into the Imbizos to ensure that the myth that sex with a virgin cures AIDS is effectively dispelled and that issues regarding child abuse are dealt with in an appropriate manner.

• No recommendations were made in this regard

• Andre Kallis, the Head of the South African National Council for Child Welfare believed that:
• Resources have to be provided to ensure that new legislative requirements are complied with.
• The salaries of social workers need to be increased.
• The percentage of the Department of Social Development’s budget used to fund NGO’s is inadequate and has to be reviewed.
• Under-spending and rollovers within the National Poverty Alleviation Strategy and other programmes are unacceptable.
• The financing policy of NGO’s has to be improved.
• The South African Human Rights Commission presenter indicated that more financial and human resources need to be made available to implement programmes of action.
• Ms Joan van Niekerk, Chairperson of Childline South Africa, indicated that resources must be committed to projects that effectively protect children from abuse and manage children after they have been abused.
• Rev Peter-John Pearson from the South African Catholics Bishops’ Conference argued that budget priorities should take the work that organizations are doing into account. Government should furthermore provide organizations with the proper resources to address the problem of sexual abuse. Money should be redirected at addressing and protecting children from abuse and not go towards arms.
• Dr. Jackie Loffell presented the submission by the Johannesburg Child Welfare Society. She made the following recommendations:
• It is important for Government to form implementation and financial partnerships with NGO’s in the area of child social services.
• Poverty does not cause abuse but plays a role in facilitating abuse. The presenter supports the call for a Basic Income Grant which will help to address child sexual abuse.
• Shirin Motala presented the submission by ACCESS and Laura Pollecutt presented the submission by Soul City. They made the following recommendations:
• Introduce a comprehensive social security system for all South Africans. A Basic income Grant is supported.
• Improve access to the Child Support Grant.
• Revisit the care dependency grant criteria to include those that are HIV positive.
• Restructure the budgetary allocation and commitments to social service spending to address child poverty.
• Child Welfare Society recommended more private sector involvement. Many large corporations have corporate social responsibility programmes, which will look at applications for funding of programmes.

• A Centre for abused children should be established in each area and should be operational 24 hours a day. Children could stay at these Centres either on a temporary basis, during times of need, or permanently until they reach the age of 18 years. Questions were raised whether costing had been done on the establishment of the Centres described by the presenter. No costing of these centres had been done.
• Priorities of spending by Government must be channelled to ensure that poverty alleviation and unemployment are targeted.
• Need to increase the status of teachers and this should be reflected in their salaries.
• Discussions were held around the impact of low salaries on the morale of service providers and their productivity. Service providers need to earn a decent living to be able to stay in the sector. Better salaries will not prevent first level abuse but will assist in first level intervention and in responding effectively to abused children thereby preventing further abuse. Adequate training, support and management of social services will contribute to increased productivity and job satisfaction.

• Individuals who make submissions to the Committees in Parliament requiring assistance regarding accessing Government services should be assisted in this as soon as possible. Follow ups should be done to ensure that the relevant assistance is forthcoming.
• Members of the Task Group should be provided with a copy of the National Child Protection Strategy.
• Structures should be put in place at the hearings to help the presenters deal with the psychological trauma of reliving their stories at the hearings.
• The issue of the media presence, especially when the presenters have not told their stories publicly, should be taken up. What protection can the Task Group afford the presenters to protect their identity and stories?
• It is important for Departments to receive copies of the report as well as tasks or recommendations pertaining to their particular Department. They should then report to the Task Group in terms of how they will address the identified problems and recommendations and give specific time frames and specify the allocation of resources in this regard.
• Portfolio Committees should also receive copies of the report and track these recommendations relevant to the Departments over which they exercise oversight.
• It was noted that many of the Departments were absent from the hearings and were therefore unable to listen to the problems facing rural communities.
• The Task Group has to follow up on all Government Departments who were absent during the course of the public hearings. The public hearings are largely incomplete due to a lack of participation from these Departments.
• It was recommended during the hearings that a public hearing should be set up by the Portfolio Committee on Communications to facilitate the public debate on the programme content of the electronic media.

This submission focuses on (child) pornography, prostitution and gangsterism as intertwined in organized systematic abuse of children. Given the extent of the problem very little empirical research has been conducted on child prostitution.

Ms Mayne’s research emphasises the strong link between pornography and violent sex crimes against females and children. This is supported by police statistics, which indicate that there has been a steady rise in child sex abuse crimes from 1992 to the present, in the region of 65%.

Advertising in mainstream newspapers of teenage girls for sex, families using children as cash commodities to earn an income represent just some of the issues that need to be addressed.

Trafficking of children from the rural areas under the guise of finding them employment as domestics but they are then sexually abused and forced into prostitution. This practice is rife in the Western Cape.

• The topic of child prostitution as a form of abuse requires more empirical research.

The submission looks at the role of society in creating an enabling environment for rape. It focuses on the role of parents, government, religious communities, big business, the medical community, alcohol industry and the traumatized child. It statistically illustrates the high incidences of child abuse accompanied by the low conviction rate of child abusers.

The presentation argues that in most cases the majority of abusers are not strangers but are known to the victims. In several cases they are the caregivers of the abused children. The Child Care Act addresses these issues but local communities need to take more responsibility in enforcing the protection of children.

The presentation also looked at the role of government and big business in providing the necessary trained personnel, improving departmental budgets, providing forensic laboratories and forensic kits to police stations and health workers, training personnel and the provision of child care facilities.

The presentation criticises the current training of medical personnel and calls for the improving of rape forensic and rape care training at medical teaching institutions. It calls on the pharmaceutical companies to help fund the proposed training.

The submission proposes that there is a strong link between violent crime and the use of alcohol. It quotes the Medical Research Council study that found alcohol as a common factor in 60% of the murders reported last year. The document proposes that liquor manufacturers fund welfare, training and criminal justice projects through the government tax or other levies imposed.

It is reported that children who are abused are often likely to become abusers themselves. Children should not be put in abusive and dangerous situations. Several case studies were presented. The Department of Education and Correctional Services should ensure that children do not go to jail and should provide adequate alternative facilities for safekeeping. The presentation argues that children should not be exposed to violence and abuse.

The presentation recommends counseling and peer mediation in schools and calls for the establishment of trauma groups in schools. Teachers need to also be trained.

Sexual violence against children is inextricably linked to the high prevalence of violence in our society.

She believes that the high levels of sexual abuse are due to society’s over population, breaking down of norms, unemployment, lack of formal housing, child prostitution, environmental destruction and poverty. She mentions various research findings in support of this. She states that a "prestigious world population survey" 10 years ago, recommended that South Africa adopts a 1 child per family policy, as China has, in order to deal with some of these challenges.

Recommendations emanating are for the Government to give incentives and disincentives in support of a 2-child policy per family. The government should also publicise more the ABC campaign and testing. The use of abortion should be encouraged for accidental pregnancies as well as planned parenthood.

Mr Shabangu is a Councilor of Ward 15 in Middleburg, Mpumalanga Proince. His submission raises concerns and complains of the poor response and inefficiency by police personnel in the Middleburg Child Protection Unit. The concern arises from the case of child sexual abuse reported by a complainant Ms Deliwe Maseko, whose child was raped. The suspect was not arrested while the police were given all the information about the suspect.

Mr Shabangu submits that on lodging a formal complaint with the Child Protection Unit in December 2001, he has not received any response.

From the above submission, the following recommendations are made:

• The police personnel need to be trained in dealing sensitively and appropriately with cases of child sexual abuse;
• There is a need to devote more resources to units dedicated towards fighting child sexual abuse;
• The issue of child sexual abuse needs to be put as a priority on the agenda of police and the justice system.

This letter once again illustrates family neglect of children in the household. The problems of parents are transplanted onto unsuspecting children. Forms of deprivation include starving children, inadequate meal intakes during school hours. Children resort to desperate measures of selling their clothes etc. in order to have a meal. The economic plight of parent’s impacts once again on the ability to provide for children.

Mamokhothu Santho-Qhotswane is a mother from Bloemfontein, who is a survivor of domestic violence. In response to the Presidents call for declaring 2002 as the year of volunteerism, Mamokhothu Santho-Qhotswane would like to volunteer to participate and assist during the Public Hearings on Sexual Abuse of Children. Mamokhothu Santho-Qhotswane strongly believes from her experiences that domestic violence is the main source of child and sexual abuse.

Mamokhothu Santho-Qhotswane’s submission includes documents detailing her experiences of abuse by her husband. The submission provides documents detailing her four-year struggle to obtain justice. The documents also show how inefficiency and corruption in the police force and court officials in Bloemfontein caused her suffering without getting appropriate protection from the justice system.

From Mamokhothu Santho-Qhotswane’s case of abuse, she reports that the decision makers involved in cases of abuse often play a destructive role and cause further trauma to the victims. This is because the decision makers often lack sensitivity and empathy to the victims. Mamokhothu Santho-Qhotswane, in her case of abuse by her husband, recounts how she received biased and unprofessional treatment against her and as a result she was denied custody of her children.

The submission by Mamokhothu Santho-Qhotswane shows that inefficiency and corruption in the courts inhibit justice and protection of victims. In her case in Bloemfontein court, the dockets went missing, charge sheets went missing, and the case was postponed for many occasions. When lodging formal complaints about the inefficiency to senior officials and Deputy Minister in the Justice system, the situation did not improve. Mamokhothu Santho-Qhotswane argues that her experiences in the justice system show that women are still regarded as inferior and seen as objects. Mamokhothu Santho-Qhotswane’s concern is that the children who are growing up in families where there is violence and abuse, as in her case, the children see violence and abuse as a norm.

• There is a need for the Government to restructure the justice system in such a way that it is sensitive and able to deal with sexual abuse cases appropriately;
• Police and court officials need to be trained so that they will be able to deal with victims in a manner that shows empathy and sensitiveness.

This letter deals with abandonment and neglect of children by an unemployed mother who has left these vulnerable children to survive on their own. There appears to be stigma of abuse as the children are unresponsive and withdrawn.

The submission from Nozipho Silangwe highlights the need for strong campaigns and workshops to raise awareness about protecting children from sexual abuse. According to Nozipho, the main source of child abuse is men. Most men have lost economic control and dominance over women. As a result men are taking out their frustrations on weaker persons, which are children. They also abuse children to fulfill their sexual fantasies. Awareness campaigns should target men so that they will recognize their responsibility and have a positive view to life and the rights of children. Nozipho recommends that key male personalities and leaders should be used to campaign against child abuse and women abuse. This is likely to achieve positive results.

This letter highlights the role of the state’s intervention, specifically the Justice Department’s sentencing procedure. It argues that the sentences handed out to perpetrators are too lenient. It indicates that within the context of a rights-based approach, it appears that the rights of rapists are given precedence over the victim.

• The minimum sentence for victims aged 1 month to 10 years should be 20 years and 15 – 20 years for victims aged 11 years upwards.

The letter deals with the failure of the justice system to arrest suspects as well as suspects who are freed based on a number of reasons. Further, it questions the misnomer around the myth that "sleeping with virgins would cure AIDS".

• The minimum sentence for child rapists should not be less than 20 years. A life sentence in which no presidential pardon is allowed should be imposed.

This letter highlights the inadequate public relations campaign on child rape issues. Although sex, AIDS etc, is covered extensively in schools and on television, there is no strong preventive component in the message conveyed.

A perception exists that people offering this training in schools are not properly trained and the facilitation used is not adequate for the classroom.

Core points of submission are:

• Children need to be informed of their rights;
• What to do should they be raped;
• Ask for comparative statistics of South Africa child rape cases compared to Africa and the rest of the world.

This letter illustrates what effects child abuse has on victims. A case is mentioned of a child being abused in Rustenberg, North West. Although relatives knew about the abuse nothing was done as there was a financial element of benefit to the victim-his school fees were being paid. The victim regards home as an unsuitable place to live and sees the prison environment as a safer place.

The perception that it is useless to report the case to the police since nothing would get done about it further exacerbates the situation.

There seems to be a strong socio economic element in some cases of abuse. However, abusing children for profit, however, is unlawful.

This letter once gain illustrates parental neglect of school children. The non-payment of maintenance severely impedes physiological development of children. Reporting this case to social workers in the area yielded no results. The probability of turning to crime to survive is high. This letter raises the topic of the culture of non-payment / maintenance defaulters who deprive their children of basic necessities of life.

• The question of maintenance defaulters needs serious review.

Mr. Sigwela’s submission raised the issue of sexual abuse of children in the family situation. Reference was made to a newspaper article in City Press where a girl had sex with her father encouraged by the mother. The author makes interesting observations and recommendations. These include:

• Repeat sex offenders are linked to the lack of evidence against perpetrators;
• Apparent lack of uniform procedures for investigating child rape cases at police stations;
• The use of DNA testing immediately after the rape, which will facilitate fast track evidence leading to quicker prosecution;
• Rapist should pay for the DNA testing and other related medical expenses.

• The caliber of police personnel handling child rape cases needs serious investigation. Child Protection Unit finds it difficult especially when family members are involved;
• DNA testing should be conducted immediately after the incident so that the investigation and prosecution process can be fast tacked;
• A sex offenders list would keep track of repeat offenders and improve efforts at rehabilitation.

The submission raises a concern about the high rate of child abuse in the country. The submission focuses on existing laws and the role that the community can play to eradicate the problem of child sexual abuse.

The submission argues that the existing laws do not give community an active role in dealing with child sexual abuse. The submission raises a concern on the Magistrate’s Court Amendment Act No: 67 of 1998 which provides for the summoning of assessors who are reliable and capable persons from the community. The concern is on the wording of the Act, which seems to be discretionary on the involvement of assessors. If the involvement of the community is discretionary, this is a problem and needs to be ratified. Another concern is that despite the Act providing for the summoning of assessors, in reality the assessors are not being regularly summoned for child abuse cases.

Furthermore, the submission raises a concern due to the low rate of conviction of perpetrators of child sexual abuse. Even where perpetrators are convicted, the sentences are often lenient and not sending a strong messages to potential offenders.

• Communities should have a right to be involved in the adjudication of such cases;
• Severe sentences for offenders;
• There is a need for the ongoing training and support for all stakeholders involved in dealing with child sexual abuse cases;
• A well-coordinated campaign by the Government and community is needed to achieve a more effective fight against sexual abuse of children.

The submission highlights several causes for the abuse of children. These include:

• The gender and resultant power imbalances in our society;
• Uncontrolled sexual urges of men;
• Effects of migrant labour system on tribal and family life.
• Poverty and overcrowding;
• Inadequate childcare facilities for poor families;
• Judgmental sexual education for the youth and health care professionals.
• Biased reporting by the media.

The presenter, from Duze in the Free State Province, related evidence based on her own experience.

She presented 2 cases.

In the first case, a child was abused by her uncle, which ultimately resulted in her pregnancy. She is currently 13 years old. The case was reported to SAPS but withdrawn on the basis of lack of evidence.

Ms Tjabane is acting as a foster parent to 5 children in addition to her own 2. The problem is that she hasn’t been accessing foster grant assistance.

• The pregnancy of the child should serve as prima facie evidence of abuse.
• Bail should not be given in sexual abuse cases.

The presenter is a teacher from a township in Newcastle. She sketched the conditions in the township, which is characterised by unemployment and poverty. She outlined 7 cases regarding abuse of children, which she has confronted in her work.

A 8 year old girl was abused by her HIV positive father who believed he could be cured by a virgin. Both her parents have since died and the girl is HIV positive.

A physically challenged 16-year-old girl has continuously been gang raped by her stepfather and his friends when they are drunk. She has a child of 4 years of age. Her mother has died and she is left alone with the child.

The girl, a grade 5 pupil, is raped continuously by her brother and cousin who lives with them.

A 7-year-old boy is raped repeatedly by his uncle and as a result, cannot walk properly.

Case 6:

A 41-year-old woman was raped by her HIV positive fiancé in front of her 2 children. She is now infected.

Her father is repeatedly raping a grade 1 pupil. When the rape was reported to her grandmother, the grandmother denied this happening and has since withdrawn the child from school.

• In most cases, the perpetrators were the breadwinners. This meant that other family members hesitated to report the cases for fear of loss of earnings.
• Drug abuse exacerbates incidence of child abuse.
• Children are often left in the care of other family members or other people whilst the mother is away at work. Most abuse happens after school whilst mothers are at work.
• Mothers are often too busy to listen to their children who report being raped or abused.
• Mothers often trust abusers.
• Some abusers are known criminals and children are too scared to report them.

• Poverty should be fought to ensure that people are not silenced when the perpetrators are breadwinners.
• Life sentences for HIV positive rapists.
• Government should offer counseling programmes.
• Sex education and AIDS awareness should be offered at schools.
• Shelters should be provided for abused children.

The Presenter, who is from Langa, spoke about her own childhood experience of being abused.

She related the story of being given away by her mother at the age of 5 years to live with her great-aunt and uncle. She was promised an education but was made to fend for herself and was used as a slave in the house. She was beaten by her aunt and was not allowed to play with other children.

She was raped 4 times by the aunt’s son. Circumstances in the home forced her to run away. She was taken back after being found by a herdsman in the forest. At the age of 11, the great uncle abused her. At the age of 19 years, she went back home.

• There is a silence in communities to talk about and deal with rape.
• The Presenter’s mother does not really understand what has happened to her and has never asked her about it.

• The stories should be told and the silence around rape should be broken.
• Encourage parents to be aware of issues of children.

The issues covered in Ms Kadalie’s presentation include:

• Defining abuse.
• Causes of child abuse
• The bodies responsible for protecting children
• Proposed measures to protect children
• Recommendations for the prevention of child sexual violence

Abuse occurs when adults, either physically, or in some other way, hurt children or young people under the age of 18 years. The presenter distinguished between 4 kinds of abuse, namely physical abuse, emotional abuse, neglect and sexual abuse. These 4 types of abuse are often interrelated. The presenter thus argued for a multi-pronged approach to address the problem.

According to the presenter, there are no definitive reasons why people abuse children, since these reasons may be different for different abusers. However, she pointed to the following common factors that have been identified as causing adults to abuse children:

• Myths that having sex with virgins will cure AIDS.
• High unemployment rates of males in the informal settlements and townships.
• A society characterised by extreme forms of violence. Violence against women and children, in particular, has become endemic to South African Society.
• Stress, financial problems, powerlessness in adult relationships or unhappy circumstances.
• Socio-economic problems such as joblessness, poverty, and a lack of proper housing, etc.

The presenter cited 3 main institutions that should bear the responsibility to protect children from all forms of abuse. These are the family, schools and the State.

The presenter proposed specific measures to be taken by the family and the State to protect children. These include:

• The family should start teaching children at home about the various aspects of sex.
• The State should:
• Put in place adequate policies and legislation.
• Conduct research on, amongst others, the extent, nature and background of the problem, myths around child sexual abuse, etc.
• Implement compulsory sex education for teachers and learners at all levels, including preschools.
• Provide care and assistance for victims after rape or abuse has been reported.
• Police and judicial authorities should commit themselves by ensuring convictions and imposing stiff sentences.

According to the presenter, the ultimate purpose of the child sexual abuse policy is to prevent sexual violence so that there are no victims at all. She made a number of recommendations on how Government can prevent sexual abuse of children. These include:

• Assertiveness training and self-defence classes for children at schools.
• Encourage municipalities to reduce the number of unsafe streets.
• Subsidise safer schools projects making the safety of children paramount.
• National departments should conduct extensive campaigns aimed at men to assume their responsibility to prevent child sexual abuse.
• Children should be encouraged, by means of TV commercials, advertisements, and billboards to talk about their "secrets" with an adult whom they know and trust.
• Conduct community education campaigns on child sexual abuse. These campaigns should also focus on educating adults to be vigilant regarding child abuse and to offer a helping hand when a child needs it.

The presenter also made a specific recommendation to the Task Group to invite all relevant agencies responsible for the human rights of children to conduct extensive research on the issue over an extended period of time.

• At present, intervention by the State has only occurred at a stage where the issue of the sexual abuse of children is already at a very advanced stage. Are there any proposed medium and long-term measures or recommendations for the State to address this issue? The presenter pointed to the myriad of preventative measures that the State can apply. For example, employing psychologists in schools, making child sexual abuse programmes part of the school curriculum etc. Furthermore, there is existing expertise that the State can draw on. The presenter committed herself to assist in training people on sexual abuse issues.

The Chairperson of the NCOP, Ms Naledi Pandor, motivated for the establishment of a South African Sex Offenders Act and a national register of sex offenders.

The sexual abuse and rape of girl children is so widespread in our society that out of 20,000 estimated cases reported each year, nearly half are rapes committed on children. The rape of Baby Tshepang in Upington is the worst example of this trend.

In schools, sexual violence directed at girls erodes their right to education. Although some of the teachers are to blame, the entire teaching profession should not be condemned. Further research needs to be conducted in this area.

Moreover, South Africa has laws against rape, incest and sexual assault. But there is more that can be done. More so, in view of the fact that paedophiles and rapists are not cured by imprisonment. Child offenders are repeat offenders by nature. They are released to commit their heinous crimes once more. By recommending the abrogation of the similar-fact doctrine the Law Commission project team on sexual offences law throws its weight behind the belief that sex offenders are repeat offenders. And that is why we need a Sex Offenders Register Act.

• South Africa should consider enacting an amended version of the UK Sexual Offenders Act and that we follow our Law Commission’s recommendations on amending our law of evidence to make it more difficult for sex offenders to escape conviction;
• Compile a national register of sex offenders to ensure that everything was being done to protect children from sexual abuse. Such a register will complement the positive steps already being taken by the police and other government agencies. The US Congress has set a precedent in 1996 when it passed Megan’s Law following the murder of Megan Kanka, aged 7 years. Her murderer had been convicted of two sex crimes, lived with two other known sex-offenders, and her parents had no idea that they lived in their neighbourhood. Under Megan’s Law the American people now have the right to know if a convicted child sex offender is living in their area. Different states in the US use different methods of keeping tabs on sex offenders. Some 21 US states, mainly in the midwest and in the south, post details of child abusers on the internet. In Florida, for example, photographs and details of the offender’s crime, date of birth and address are posted on a website. The worst offenders are branded with a ‘predator’ alert. In other states the details of sex offenders are posted at local police stations and libraries. Elsewhere, concerned citizens drop warning leaflets at homes within a half-mile radius of a known sex offender’s address.

• SALC to make it difficult for offenders get parole.
• Some provisions which could be considered based on both the UK and US examples include:
• Sex offenders must register with the police within a certain time period after release from prison.
• Community protection orders ban sex offenders from areas frequented by children.
• Banning offenders from contacting victims.
• Adding conditions to sentencing provisions.
• Posting details of child abusers on the internet.
• Leaflet drops and posters at Police Stations and at libraries.
• The advantages of having such legislation include:
• Parents feel more secure and can take the necessary precautionary measure, if they know that a pedophile resides in their area.
• Disadvantages:
• Sex offenders can provide false addresses and go underground.
• Vigilante action and human rights violations against sex offenders.
• Mistaken identity.

Ms. Angela Bester, the Director General of the Department of Social Development, made a presentation to the Task Group on the Sexual Abuse of Children with the assistance of Mr. Ashley Theron. Ms. Bester stated that the Parliamentary hearings were significant in that they provided an opportunity to find solutions to child abuse and reflected a greater willingness to have the issue of sexual abuse discussed more openly.

The Department has based its policies on the Constitution of the Republic of South Africa, The United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child.

The Department’s policies on child abuse are not confined to sexual abuse, but also include neglect and exploitation.

Protocols for the management of child abuse cases have been developed in all Provinces. The Protocols make provision for a multi-disciplinary and integrated service to child victims and their families.

A similar protocol has been developed for the national departments and is awaiting final comments from the relevant Ministers.

The NCCAN has developed a draft strategy. While the principles and intentions of the strategy are agreed upon, a Programme of Action with specific objectives, targets and time frames must support it.

There are a range of services provided by the Department, including trauma counseling, clinical assessment, interim placement of children if required and support in dealing with investigative authorities.

• The Department has initiated a 24-hour service pilot programme providing for social workers to be on call to assist police officers with cases of abuse. The service is fully operational in the Western Cape and the Free State and in one area each in Gauteng and the Eastern Cape.
• A Victim Empowerment Programme, co-ordinated by the Department, has established 100 projects, many of which are one-stop or 24-hour services for women.
• Training has been provided to a range of professionals who work with abused children.
• Life skills programmes for children form part of the workload of social workers in the Provincial Departments.
• Provincial Departments participate in social crime prevention programmes such as the Neighbourhood Response Programme (NRP) in the Western Cape and Safe Houses Programmes (SHP). The NRP assists community members to identify and report child abuse cases. The SHP involves the training of safe house parents.
• Community awareness campaigns are conducted during Child Protection Week in May and Social Development Month in October.
• A Directory of Children’s Services has been produced with the assistance of Save the Children Fund, together with a Directory of Services to Victims.

The Child Protection Register has been established in all provinces in terms of section 42 of the Child Care Act. The purpose of the register is to monitor each reported case on sexual abuse. The register operates on a manual system. However, the system will be computerised by November 2002.

The Inter-Departmental Committee has identified the need to strengthen the legislative framework and harmonise all laws.

The Child Care Act is widely regarded as being inadequate and therefore needs to be replaced by new comprehensive childcare legislation.

Section 4 of the Prevention of Family Violence Act of 1993 needs to be repealed since it has created confusion with respect to reporting cases of sexual abuse.

• Social workers from the Department work closely with officers of the Child Protection Unit (CPU) in certain provinces.
• The NCCAN was established as a sub-committee of the National Plan of Action for Children in South Africa (NPA). The NCCAN comprises the main government departments involved in child abuse, provincial representatives as well as representatives of the non-governmental sector.
• Provincial Child Protection Committees exist in all Provinces.
• Each Provincial Department of Social Development has an official appointed as the Provincial Child Protection Co-ordinator.
• The Inter-Departmental Committee has identified the following priorities for action:
• Strengthening the legislative framework and harmonising all laws.
• Improving the investigation of cases of abuse.
• More attention to prevention.
• Improving co-ordination of services provided by the various departments and the NGO sector.
• Responding to children with special needs.
• Mobilising partnerships with communities.
• Building institutional capacity at all levels.
• Strengthening governance within the child protection system.
• Enhancing information, research, monitoring and evaluation.

• The Department highlighted the need for a co-ordinated and integrated response to child abuse. This involves, amongst others, the provision of a common vision and framework for all role players as well as combining, sharing and optimising resources.
• The relatively low number of cases on the Child Protection Register suggests that there is still under-reporting of cases. The Department needs to investigate the reasons for the under-reporting. The information collected through the register also has the potential of being an important source of information for research purposes.
• There have been calls for a register of perpetrators. The SA Law Commission has considered this issue and in its discussion paper, the Law Commission advised that such a register could be established along the lines used in the United Kingdom.
• More attention needs to be paid to preventing abuse. This requires, amongst others, addressing the social conditions that increase the vulnerability of children, for example, alcohol abuse.
• Approximately 90% of the Department’s budget is spent on social assistance grants. This leaves little room for securing an adequate budget to deal with child abuse.
• Ideally, there should be at least 1 One-Stop Centre per magisterial district. At the moment only 2 exist. The Director-General indicated that there should be at least 1 Centre per province in the next 2 years.
• The Chief Director stated that there were currently 47 shelters for abused women and children, 30 of which were being subsidised by the Department.

Minister Kader Asmal and the Chief Director, Ms. Thobeka, made presentations on behalf of the Department of Education. The presentations were made in the context of an increase in the number of incidents of violence in schools, particularly directed against the girl-child.

A range of strategies and polices have been put into place by the Department, shortly after receipt of the Gender Equity Task team Report in 1997.

In 2000, a module on Managing Sexual Harassment and Gender-based Violence was developed for schools. The module has been piloted in Gauteng, the Free State and Mpumalanga and will be taken to the rest of the provinces in 2002. It provides schools with the knowledge and skills needed to deal with the different facets of sexual harassment and violence.

The Department, together with the South African Police Service, completed a workbook on Signposts to Safe Schools in 2001. The workbook serves as a reference for action to be taken by schools on a range of school safety matters, including sexual abuse. All schools should receive a copy by the end of May 2002.

A teacher’s manual on gender equity in education has been developed to ensure that schools become friendly to girl learners.

The Department will work to ensure a common understanding of what constitutes sexual harassment through the development of a national sexual harassment policy.

• The Safe Schools project was launched in 1999 in order to create safe and disciplined learning environments that celebrate innocence and value human dignity. The Project, which was launched as part of the Tirisano Implementation Plan, has focused on, amongst others:
• Improving physical safety at schools
• Mobilising communities to take ownership of schools
• Developing policies on school safety
• The focus of the Life Orientation/Life Skills learning Area within Curriculum 2005 is intended to develop the skills, knowledge, values and attitudes that are essential for participating in a democratic society.
• Due to the image of the teaching profession being damaged by the recent Medical Research Council report on the Rape of Girls in South Africa, the Department has to embark on a campaign to restore confidence in the profession.
• In the next few weeks the Minster will be announcing the establishment of a special task team. This task team will work closely with various stakeholders to continuously monitor the implementation of the legal and policy instruments in the education system.
• The Department launched a programme in 2002 to empower girls to extricate themselves from difficult situations. The programme aims to create awareness in girl-children that they are not defenceless and therefore do not have to be victims.

An amendment to the Employment of Educators Act of 1998 was introduced in November 2000. The amendment provides for the dismissal of a teacher who has been found guilty of engaging in a sexual relationship with a learner, with or without the consent of such learner.

The South African Council for Educators Act of 2000 ensures that when a teacher is found guilty of the sexual abuse of a learner, s/he is deregistered as a teacher and may never be appointed as a teacher.

The Safe Schools Project focuses on establishing partnerships between the Department of Education and other government departments as well as civil society organisations.

The Department proposes collaborating with other Departments in order to monitor how survivors experience processes relating to the report of sexual abuse outside schools.

• The learning materials developed to educate children about sexuality were found to be morally inadequate by a Member attending the hearings. The Minister strongly disagreed with this submission and argued that the learning materials assisted learners in understanding their sexuality.
• Concern was raised around protecting children in pre-school. The Minister indicated that the rolling out of programmes started from grade R.
• Sex education in rural areas was highlighted as potentially problematic when left in the hands of rural community leaders since all of them are men. The Minister therefore indicated that no distinction could be drawn between sex education in rural and urban areas. The Department has to take responsibility for this aspect of education as well.
• The Minister has on a personal level, carried out the monitoring of programmes to some extent. The inspector system has also been re-instated to oversee the implementation of policies and programmes at schools.
• If the various policies and programmes developed by the Department failed to adequately deal with the problem of sexual abuse, the Minister may be forced to set up all girls schools. This, according to the Minister, would be a last resort.

The National Commisioner of Police, Mr. J Selebi, assisted by various staff members, represented the South African Police Service (SAPS).

The Department’s presentation centered on the 3 aspects of the work of SAPS in relation to rape and sexual offences, namely:

1. Prevention. SAPS’ activities focus on the prevention or reduction of crimes through community and sector policing, situational crime prevention and policing the factors (such as drugs and alcohol) that contribute to crime and violence.
2. Response and Investigation. The SAPS reaction to crimes like rape and sexual offences includes investigation and gathering evidence for use in prosecution.
3. Support to victims and witnesses. The SAPS considers the need to adopt a victim-centered approach in the criminal justice process as crucial. It thus provides programmes to improve services to victims and support victims through the criminal justice process.

1. Prevention

The policy documents underlying the preventative work of SAPS is the National Crime Prevention Strategy of 1996 and the White Paper on Safety and Security.

2. Response and investigation

• National Instruction 22/1998: Sexual Offences. This document deals with support to victims at crucial aspects of the investigation.
• Family Violence, Child Protection and Sexual Offences Unit (FCS) policy document.

In addition, members of SAPS are providing input and comments into the following legislative processes:

• The Sexual Offences Bill (SA Law Commission Project 107).
• The Child Care Act (SA Law Commission Project 110).
• The proposed amendment to the Films and Publications Act, 1996
• The Child Justice Bill, 2001

1. Support to victims and witnesses

According to the Department, its programmes aimed at rape and sexual offences cases have both an internal focus (in relation to members of the Department) and an external focus (in relation to other government departments in an integrated manner).

The SAPS acknowledges the fact that sexism and gender inequality impact negatively on human rights. It has thus committed itself to vigorously fight to eliminate unfair discrimination and to uproot sexual harassment. To this end, it has initiated various programmes and measures. These include:

• Counseling services. This programme is aimed at addressing substance abuse and domestic and marital problems for members and their immediate family members.
• Presentation of pro-active programmes. These include programmes on managing stress effectively, life skills and the facilitation of the development of ethical behaviour.
• Awareness Programmes. These include programmes on suicide prevention, HIV/AIDS awareness and prevention and sexual harassment.
• Partnerships. The Department has entered into partnership with several initiatives and institutions. These include the Office on the Status of Women, the Commission on Gender Equality and Non-Governmental Organisations such as NICRO, Women Against Abuse (WAWA) and People Opposing Women Abuse (POWA).

The Department listed various problems that hamper the effective handling of sexual offence cases. These include a guilt feeling of the victim who thus does not go for support, withholding of progress reports from the victim, blackmailing of victims and the attitude of management.

1. Prevention

• Crime trend analysis. Crime trends at local level are analysed to inform prevention and crime combating operations.
• Crime prevention projects with Community Police Forums, other community organizations, NGOs and other departments. These programmes target crimes such as rape and sexual offences. Many of them focus on public education and mobilizing communities to report crimes and fulfill their responsibilities as witnesses to crime.
• Crime prevention projects at police stations. During 2001, 20 police stations were prioritized for crime prevention projects to address crimes against women and children. These include crimes such as rape, sexual offences, child abuse and domestic violence. For 2002, 128 where 50% of rape cases are reported, have been prioritised for this purpose.

1. Response and investigation

• Involvement in multi-disciplinary programmes aimed at crimes against children. These include the Department’s involvement in the Family Violence, Child Protection and Sexual Offences Unit (FCS). The Department also participate in various International, national, provincial and local committees and forums working on crimes against children.
• Training courses. The Department offers various training courses for members with regard to offences against children. These include a basic detective course, a sexual offences investigations course, and a FCS Investigators course. During 2002, the Department will also introduce a new course on sign language, which is specifically aimed at assisting people who are unable to voice their concerns or complaints.

As a response to the letter of the Chairperson of the Task Group on Sexual Abuse of Children, the following table gives details on the units located in different provinces. These special units are well equipped with personnel.

1. Support to victims and witnesses

• SAPS Victim Empowerment Programme. This programme is aimed at, amongst others:
• Training SAPS members in victim empowerment.
• Improving facilities for victims at police stations.
• Involving the community in practical victim support initiatives.
• Improving feedback to victims.
• Implementation of the Domestic Violence Act of 1998. The SAPS is one of the departments responsible for the implementation of the Domestic Violence Act. The Act provides the SAPS with various ways to intervene in domestic violence incidents that are reported. These include:
• Arrest and protection during the incident.
• Victim support and referral for further support and counseling.
• Discretion to arrest where there is imminent harm.

• Training. Starting in 2002, the basic training for all members include victim empowerment training. During 2001 6 139 members were trained. 30 849 members were trained since the start of the Victim Empowerment Programme.

The Department stressed the crucial importance of adopting an integrated and multi-sectoral approach to fighting the scourge of rape and sexual violence. The main objectives of such an approach are prevention and co-operation. As such, it is one of the role players in various programmes with other government departments, non-governmental organizations and community-based organizations.

Inter-departmental initiatives in which the Department participates include:

• The Anti-rape strategy.
• The Domestic Violence Programme.
• The Victim Empowerment Programme.
• The Child Abuse and Neglect Programme.
• The Child Justice Programme.
• The Women Empowerment Programme.

The Department is also represented on the Inter-Departmental management team for rape and sexual offences (IDMT), lead by the Directorate for Sexual Offences and Community Affairs in the National Prosecuting Authority. The IDMT has developed an information-based approach to develop a strategy to address rape and sexual offences.

The Department has management processes in place for each programme to ensure that the work is done in an integrated and inclusive manner.

Issues that were raised during discussions include:

• When one considers conviction statistics in rape and sexual offences cases, you should not look at the convictions in isolation, but should rather assess the conviction rate against the number of actual reported cases. The task group thus resolved and the Department agreed to provide the task group with statistics in which it breaks down statistic in terms of reported cases versus convictions.
• Sentences that are imposed on perpetrators of rape and sexual offences crimes are too lenient. In responding to this issue, the Department referred to section 28 of the Constitution which prioritises the best interest of the child at all times. Thus, after intervention by a social worker, charges against a perpetrator are withdrawn if a case is potentially more harmful to a child than it would do good.
• Victims of rape and sexual offence crimes are often subject to secondary abuse by the criminal justice system. For example they have to wait for long periods at police stations and. The Department responded by pointing to the fact that police stations have now been equipped with facilities for victims such as private rooms and a one-way mirror that shields the victim from the perpetrator/s.
• Cases of rape and sexual offences are too often withdrawn on the basis of a lack of evidence. The Department responded that when it has completed its investigation, it hands over all evidence to the Prosecutor who will decide on whether to prosecute or not. If the Prosecutor considers the evidence before him or her insufficient to secure a conviction, he or she will withdraw the case.

Advocates P. Du Randt and Advocate Majodwena represented the Department of Justice and Constitutional Development and the National Directorate for Public Prosecutions (NDPP) respectively.

The Department’s presentation centered on 4 issues, namely

1. Policies and Legislation currently administered by the Department.
2. The position regarding the implementation of the minimum sentences.
3. How repeat offenders are dealt with.
4. What provisions are made for rape victims who have to testify in court.

The presentation by the NDPP centered on the Sexual Offences and Community Affairs Unit (SOCA).

The Department views the protection of the victims of sexual offences as a matter of the great importance. It has thus tasked the South African Law Commission to conduct urgent investigations with the view to improve the legal framework relevant to dealing with sexual offences. The Commission subsequently published a discussion Paper on Sexual Offences. The Discussion paper contains a draft Sexual Offences Bill that embodies some progressive recommendations on the reform of the law relating to sexual offences.

• A revised definition of the offence of rape. The proposed definition extends the definition of ‘sexual penetration’ to include any act which causes penetration by the genital organs of one person into the anus, mouth or genital organs of another person. It will also include penetration by means of any object, including any part of the body of an animal, or part of the body of one person into the anus or genital organs of another person, in a manner which simulates sexual intercourse.
• A view that non-disclosure by a person infected with a sexually transmissible disease prior to sexual relations with another person constitutes rape.
• Affording vulnerable witnesses, such as children, additional protection measures during a sexual offence trial.
• Provision for the prohibition of the organisation or promotion of child ‘sex tours’.
• Child prostitution now constitutes what was previously referred to as Commercial Sexual Exploitation of Children due to the fact that the divergent role players, for example pimps and clients, targeted in the original provisions, are all in some way involved in child prostitution.

In addition, the Department has tasked the South African Law Commission (SALC) to develop a comprehensive new law relating to children accused of crimes (Child Justice Bill). The new system emphasises individual assessment of each child and tries to find alternative ways to deal with children. The idea is to keep them within their families and communities and to protect them from the damaging effects of courts and prison as far as possible. Diversion options and programmes embody restorative justice principles, which focus on reconciliation and restitution rather than on retribution and punishment.

The position regarding the implementation of the minimum sentences.

The Criminal Law Amendment Act provides for the imposition of minimum sentences in respect of certain serious offences.

Section 51 of the Act states that persons convicted of certain serious offences listed in Schedule 2 of the Act must be given a mandatory minimum sentence, unless the judicial officer imposing the sentence is ‘satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence’. Rape is one of the offences listed in this Schedule.

However, an empirical study by the South African Law Commission (SALC) has shown that the severity of incidents of rape with aggravating circumstances committed after implementation of the Act has increased when compared to pre-implementation sentences. The study thus questions the effectiveness of the minimum sentence approach prescribed by the Act as a crime reduction mechanism.

The SALC has proposed a draft Sentencing Framework Bill, which seeks to address sentencing disparities in a number of ways. It lays down explicitly as a prime sentencing principle that all sentences must be proportionate to the seriousness of the offence. Seriousness, in terms of the draft Bill, is to be determined by the degree of harmfulness of the offence and the degree of culpability of the offender.

According to the extended legislative programme of the Department, the Bill will be introduced into Parliament as soon as circumstances permit, either during 2002 or later.

The Criminal Law Amendment Act provides for a mandatory life sentence of persons convicted of two or more offences of rape, but who have not yet been sentenced in respect of such convictions. Repeat sex offenders for rape are therefore liable to a minimum sentence of life imprisonment.

Also, in 1997 the Department tightened bail provisions. Section 60 of the Criminal Procedure Act was amended to provide that where an accused person is charged with an offence listed in Schedule 6 of the Act, such a person must remain in custody. The onus is on the accused to prove to the court that exceptional circumstances exist that permit his or her release. Schedule 6 offences include rape where the victim was raped more than once or by more than one person; where the victim was raped by a person charged with having committed 2 or more offences of rape or by a person knowing he has AIDS or HIV.

The focus areas of the SALC’s discussion paper on Sexual Offences are on process and procedure. Specific recommendations are made in this discussion paper and the draft Sexual Offences Bill to make it easier for victims of sexual offences to testify in court. This includes, amongst others, the creation of a category of vulnerable witnesses, removal of cautionary rules and one-way mirrors.

Also, section 170A of the Criminal Procedure Act makes provision for the appointment of competent persons as intermediaries. Where the court is of the opinion that a witness under the age of 18 years may suffer undue mental stress if he or she testifies, such intermediaries may be appointed to testify on behalf of the child. The insertion of this section ensures that survivors of sexual offences testify in victim-friendly environments and that secondary victimisation through participation in the criminal justice process is eliminated.

This Unit is one of the Operational Units within the National Directorate for Public Prosecutions. It was established in 1999 to focus on violent and indecent offences against women and children, as well as family violence in general. It ensures that victims and witnesses are treated fairly in court.

The main priorities of SOCA, as listed in its presentation, are to reduce sexual offences, increase the reporting rate, improve the conviction rate, reduce secondary victimisation and reduce the time taken to finalise cases.

The Unit has established 3 Multi-Disciplinary Care Centres for the victims of sexual offences and domestic violence at hospitals in the Eastern and Western Cape. These Centres constitute a co-ordinated approach that brings together different service providers in a ‘one-stop’ model.

The Department believes that curbing the escalation of violent crimes and rape against women and children requires a common approach by the relevant stakeholders. These are the Department of Justice and Constitutional Development, the South African Police Services (SAPS), Correctional Services, Social Development, Home Affairs, the Office on the Status of Women and the Office on the Rights of the Child in the Presidency.

The National Crime Prevention Strategy (NCPS) has prioritised crimes against women and children. This priority area consists of a number of interdepartmental programmes, supported by departmental action. These programmes are interdependent and complement each other. However, each has a distinct focus and cannot be collapsed into one programme with one approach. They include:

• Interdepartmental Management Team. This Team was established in 2000, and is led by the Sexual Offences and Community Affairs Unit (SCOPA) of the National Directorate of Public Prosecutions. It also includes the SAPS, the Department of Social Development and the Department of Health. The Team was scheduled to make a submission to Cabinet on a draft action plan for the reduction of rape and the improvement of criminal justice processes with regard to rape and sexual offences during January 2002.
• Domestic Violence Programme. The Inter-departmental domestic violence programme addresses aspects like the implementation of the Domestic Violence Act of 1998, dealing with perpetrators and victims of domestic violence and intersectoral co-operation. The Department of Justice and Constitutional Development is responsible for leading the implementation of the Act. The Department of Social Development is responsible for leading programmes for victims and offenders.
• Victim Empowerment. This programme aims to improve services to all victims of crime. It makes provision for victims with specific needs like women and children.

• Child Protection. All provinces are implementing a Child Protection register. Guidelines on the notification of alleged child abuse cases has been finalised. Good progress has been made to rationalise national and provincial structures for child protection. A Protocol on the Management of Child Abuse and Neglect has also been completed.
• Dealing with offenders. A national Inter-Sectoral Committee on Child Justice, chaired by the Department of Justice and Constitutional Development was specifically set up to gather information and make recommendations for specific interventions concerning the situation of children awaiting trial in detention. The Committee monitors children awaiting trial through the collation of statistics provided by the Departments of Correctional Services, Social Development and SAPS.

Issues raised during discussions include:

• What mechanisms does the Department employ to ensure standardised procedures for victims and witnesses in court, especially disabled persons? Guidelines should be drafted in this regard.
• Victims of rape and sexual offence crimes are often subjected to secondary abuse by the criminal justice process.
• Court cases should be fast-tracked and completed in the shortest possible time.
• Court cases are too often withdrawn on the basis of a lack of evidence.
• The Department of Home Affairs should also be involved in One-Stop Justice Centres.
• In dealing with victims and witnesses, cultural and language aspects should be taken into account and accommodated by court staff such as Prosecutors and Interpreters.

The Deputy Minister for Home Affairs, Mr. Charles Nqakula, briefed the Task Group on the issue of child abuse. His focus was primarily on the effect and impact of child pornography on society.

Child pornography is defined as any image, real or simulated, however created, depicting a person who is or who is shown as being under the age of 18 years engaged in sexual conduct or a display of genitals which amounts to sexual conduct.

Once a pornographic image is in the public domain, it is likely to be distributed and reproduced, regardless of the fact that the perpetrator has already been caught. These images will therefore inevitably follow the child up to and through adulthood causing immense humiliation and pain.

Most children who are sexually abused suffer physical harm including various infections, genital sensitivity and soreness, as well as anal irritation. The child may also be infected with HIV/Aids.

The abuse has a negative effect on a child’s intellectual and emotional

well-being.

• Articles 19 and 34 of the UN Convention on the Rights of the Child (CRC)
• The Agenda for Action adopted at the First World Congress Against the Commercial Sexual Exploitation of Children in 1996.
• Convention 182 adopted by the International Labour Organisation in June 1999.
• Article 9 of the Convention on Cyber-Crime published by the Council of Europe in June 2001.

• There is a strong link between the possession of child pornography and sexual abuse.
• The incidence of child pornography is increasing.
• There is a need for an effective, unified international response to child pornography.
• Specialist police units dealing with child pornography need to be established.
• Hotlines or triplines should be set up to allow individuals who have found what they think are illegal material on the Internet to report it.

1. There is a need for proper and effective co-ordination at both government and civil society levels.
2. The expertise and resources of the entire criminal justice system, including the Child Protection Unit, must be developed.
3. It is vital that members of the judiciary gain a proper understanding of the new developments in the distribution of child pornography. Their sentencing policy should also reflect society’s abhorrence of the sexual abuse of children.
4. Internet service providers must be brought into the fight against the use of the Internet for the sexual exploitation of children and child pornography.
5. Public education on the dangers of unsupervised access to the Internet must be prioritised.
6. Government must give effect to the plan of action of the World Congress Against the Sexual Exploitation of Children.
7. The Office of the President must be provided with the necessary resources to become more involved in protecting children from child pornography.
8. The setting up of the "24/7" network, which is required of all countries that have signed the Budapest Cybercrime Convention, must be given some priority.

Dr. Eddie Mhlangu presented on behalf of the Health Department.

• Sexual abuse and rape cases often result in psychological trauma to health workers.
• Sexual abuse of children can result in:
• Physical trauma to children.
• Emotional trauma.
• Physiological trauma.
• Infections.
• Risk of exposure to HIV and AIDS.
• The Department of Health faces a number of challenges including:
• Increased number of cases.
• Increased complexity of injuries requiring specialized medical skills.
• The need for prolonged and sustained psychological support to the child and the family.
• Lack of human resources and capacity in certain areas.

In addressing the above, the Department has implemented the following:

• Gender Focal Points assist in sensitising health workers to the issues. This will lead to increased investigation of suspicious cases.
• Training of health workers in skills to deal with abused children.
• Forensic nurse training to increase the pool of health care workers in dealing with abuse cases.
• Gender Focal Points together with the Medical Research Council is assessing medico-legal services.
• The department participates in inter-departmental initiatives on violence.
• Family intervention and the promotion of the role of men in child care.

Attention will be given to the reduction of abuse of alcohol and other substances which impact on the sexual abuse of children.

Mr. Hannegan introduced the SALC presentation. Ms. Joan van Niekerk, Project co-ordinator on Sexual Offences, provided information on the draft Sexual Offences Act. Prof. Noel Zaal, Project co-ordinator for the review of the Child Care Act, presented the work of that committee.

The committee was initially appointed to make recommendations on sex offences committed on and by children. In 1998, this mandate was expanded to include adults. The recommendations that SALC has made revolve around both policy and legislation.

The SALC identified certain problems from its workshop process. These include:

• Inadequate implementation of the law. This includes the lack of protective services in rural areas for children.
• Lack of training particularly of the judiciary, which leads to poor decision-making.
• Lack of resources, exacerbated by high case loads.
• Corruption, particularly amongst police officers influencing the high withdrawal level of cases.
• Child rape and sexual assault is complicated in that it is related to broader social problems, e.g. domestic violence and poverty.

The committee’s investigation was divided into four parts:

1. Substantive Law.
2. Process and Procedure.
3. Child Pornography.
4. Adult Prostitution.

The presentation dealt with the first two issues.

5. Substantive Law – Deals with the definition of crimes. The SALC recommends that:

• Rape is codified and is free of gender biases. It includes sexual penetration of genitals, anus and mouth ‘when an act of sexual penetration occurs under coercive circumstances’. The focus is therefore on the coercive nature of the act and not on consent.
• A new offence, compelled or induced indecent acts is contained in the draft bill.
• The age of consent is fixed at 16 years for both boys and girls.
• Child prostitution is criminalized. They are protected up to the age of 18 years. People exploiting children can be prosecuted.
• The draft Bill provides for extra-territorial jurisdiction.

1. Process and Procedure – It deals with the management of sexual crimes. Recommendations are made around pre-trial, the trial process and the post-trial process.

Recommendations include:

1. Pre-trial

• The Draft Sexual Offences Act contains guiding principles regarding the interpretation and implementation of the legislation. This principles attempt to protect the rights of victims, their families and communities as well as to ensure a fair trial and management of the accused.
• There is a need for the co-ordinated management of sexual offences and for inter-sectoral co-operation.
• Training and debriefing of all professionals working with sexual offence cases is important.
• There is a need for SAPS to investigate all reported cases and not to accept withdrawal statements from victims.
• The State is responsible for providing medical examinations, treatment and therapy for sexual assault victims. The Department of Health is responsible for providing prophylactic medication for sexual assault victims including post-exposure prophylactic medication for HIV/AIDS.
• The legislation provides for the creation of a ‘vulnerable witness’ category that is afforded protective measures by the Court.

1. Trial Process

• Enhance the intermediary system.
• Abolish the competency test.
• Abolish the cautionary rules.
• They do not recommend the use of videotaped interviews.
• Increase the use of expert witnesses.
• Appoint support persons to support victims.
• Increase the use of specialised assessors.

1. Post-trial Process

• Establish a sentencing council.
• Increase the use of Victim Impact Statements.
• The offender should pay compensation to victim wherever possible.
• Rehabilitation of the offender should be combined with punishment.
• SALC does not recommend the development of a sexual offenders register and community notification legislation.
• SALC does not recommend the chemical castration of offenders.
• Recommends that the application for dangerous sexual offenders orders be issued when a sexual offender is released from prison.

The legislation deals with a range of children’s issues including child sexual abuse. The focus of the legislation is on children rather than perpetrators and therefore is does not deal with criminal law aspects of the punishment of offenders.

• It defines parental responsibilities rather than parental rights in order to make parents more accountable in the law for their behavior and for what they allow to happen to their children under their care.
• There are enabling and mandatory reporting clauses in the Act. A professional must report children in need of care and protection.
• Immunity is given to encourage reporting.
• Reasons must be given for failure to report and failure to do so will be punished.
• The Act makes provision for strengthening the capability of all personnel involved in child sexual abuse cases, for example training.
• Hearings focusing on the abuse of children should be heard simultaneously with hearings on compensation.
• Children’s courts can now also recommend that social workers receive an order to investigate and search premises.
• Local Government also has a role to play in amongst others, keeping records on children in need, inspection of care facilities, etc.

Advocate Tlakula presented the findings of the South African Human Rights Commission (SAHRC) Report on Sexual Offences Against Children to the Task Group. She indicated that the SAHRC used its mandate with respect to upholding and implementing human rights and held an inquiry to investigate whether the criminal justice system actually protects children.

The presenter highlighted the following key findings:

• The criminal justice system, currently does not work for children who have been abused.
• Children with disabilities face even greater trauma.
• Despite the initiatives put in place, these are insufficient.
• There are a number of individuals who put in an amazing amount of work. Their commitment is however not shared by everyone.
• There is confusion about the duty to report child abuse due to the duplication of mandatory reporting provisions in the Child Care Act and Prevention of Family Violence Act.
• Professionals such as teachers, doctors and dentists fail to report child abuse cases in accordance with the duty imposed on them by legislation.
• There is a poor police response to sexual abuse against children and a failure to comply with national policy and protocol.
• The location of the limited Child Protection Units minimises accessibility to sexually abused children.
• Police report difficulty in tracing children and witnesses living in informal settlements.
• Evidence often gets lost between the examining doctor’s office and the police station.
• The withdrawal of cases is a serious flaw in the policing and the possible prosecution of sexual abuse cases.
• There is an extensive shortage of support services for abused children.

The presenter highlighted the following recommendations:

• A system that is premised on the best interests of the child needs to be developed.
• Sexual violence against children should be treated as a priority by government.
• National government has to fast-track the legislative review process of various pieces of legislation relating to the protection of children.
• Post exposure prophylaxis is to be dispensed to child victims of sexual violence in all cases.
• More financial and human resources need to be made available to implement programmes of action.

• Most of the discussion focused on the services offered by the SAHRC. It was found that the SAHRC has 5 offices in 9 provinces and that rural areas were also provided with assistance through a coalition with the NGO sector.
• It was also noted that the report focused on what happens to children after the abuse has taken place.

Ms. Jackie Gallinetti, co-ordinator of the Children’s Rights Project at the University of the Western Cape, concentrated on the judicial aspects to combat sexual abuse of children.

• Lack of co-ordination and co-operation in dealing with sexual abuse cases.
• Problems regarding child testimony include:
• Competency of the child to give evidence. Presiding officers often do not have the expertise to decide whether a child is competent.
• Cautionary rules. General practice is to treat child evidence with caution especially in the case of a single witness.
• Cross-examination of child witnesses. These guidelines are too loose and encourage aggressive practices. .
• Evaluation of child evidence. Too many people are involved in the interviewing of child victims, which lead to problems around credibility of evidence.
• Corporal punishment. Chastisement is used as a defence by parents in abuse cases.
• Media. The media has been identifying child victims contrary to provisions in the law.

• A Multi-disciplinary approach should be adopted to ensure better co-ordination and co-operation between role players.
• Inter-sectoral agreements and protocols should be incorporated in legislation to increase accountability of departments.
• Presiding officers should be trained in child development in order to assist them to make decisions regarding competency. When in doubt, experts should be called in to make decisions.
• The presenter supports the SALC recommendation to abolish the cautionary rules but because of time calls for immediate amendments to the Criminal Procedure Act.
• The SALC recommendation to control the cross-examination of witnesses in sexual cases should be broadened to include all cases involving children, not only those of sexual abuse.
• It is important to ensure proper training of interviewers and a consistent approach in interviewing children. Pilot projects should be rolled out throughout the country. Pilot projects use a single interviewer and videotapes for evidence.
• Support is given to the SALC recommendation that reasonable chastisement is removed as a defence, but states that they should remove the right to corporal punishment even at home. An awareness campaign should be initiated on alternative means of disciplining children.
• The National Director of Public Prosecutions must instruct its regional offices to enforce sections of the law protecting the identity of children.
• A code of conduct in the media should be established which will protect children from identification.

The submission by Nadel was presented by Ms Johanna Kehler. Ms Kehler stated that there are gaps in the existing legislation regarding child rape. The urgency of this issue means that action needs to be taken with regard to addressing the existing gaps in legislation before the new Sexual Offences Bill is passed by Parliament.

Nadel identified numerous problems within existing legislation. These include:

• Current legislation does not do enough to protect children.
• In the year 2000, there were 58 rapes or attempted rapes of children reported each day. In 2001, 21 000 rapes of children were reported for that year. Of these, 21% were committed by male relatives, 41% of all raped people were under the age of 18 years, and of these, 50% were under the age of 11 years.
• Only 9% of all child rape cases taken to court result in a conviction.

The presenters specified problems with the existing Child Care Act. These include:

• The Child Care Act provides for the removal of a child in need of care who has been ill-treated. However, ‘ill-treatment’ is loosely defined and this hinders the prosecution of individuals who are both directly and indirectly involved in child sexual abuse.
• The Act excludes ‘any other person’ (other than a parent or guardian) who has knowledge of a rape occurring from being guilty of an offence.
• The Act does not clearly define the obligation by certain categories such as teachers, social workers and health care professionals who have knowledge of abuse or reason to suspect abuse, to report this information to the relevant authorities.

• The Sexual Offence Act does not clearly define what constitutes rape or indecent assault. In fact it can be understood that the only consensual sex, according to the Sexual Offences Act is consensual sex in marriage. Rape is defined as only occurring when the vagina is penetrated by a penis.
• The Sexual Offences Act can also be seen as excluding child rape as it refers only to ‘women’. It also excludes female perpetrators and same sex rapes.
• The definitions of immoral or indecent acts are loose and therefore offer little protection to victims.
• The word ‘immoral’ is value laden and therefore inappropriate to define a criminal act.
• The Sexual Offences Act refers to youth but not to the rape of children specifically. Nadel states that it is insufficient for the offence of child rape and sexual abuse of children to be implied as this does not provide adequate protection for children. Nadel furthermore notes complicity in the use of the word ‘with’ as apposed to the word ‘against’ in section 14.
• The different ages of consent for boys and girls are problematic.
• Section 14(2) outlines arguments, which can be used in defense of accusations of rape. These include the rape of prostitute, the accused was under 21 years and that this was a first offense.
• Gender bias still exists in the Sexual Offences Act, which specifically does not provide for rape by a female.
• The cautionary rules treat the testimony of complaints by children and women with caution in court as they are presumed to be unreliable witnesses.
• In the Criminal Procedure Act, the previous sexual history of the complainant is admissible in court.

• There is a need for a better definition of ill-treatment and on what forms of sexual abuse constitute ill-treatment.
• People who are aware of the occurrence of a rape must be convicted even if they did not directly participate in the rape. The law must allow for the prosecution of any person who allows and facilitates either directly or indirectly a rape to occur.
• If any person has knowledge of sexual abuse they should be obliged to report this information. The law should also provide for the mandatory reporting by certain groups such as teachers and social workers.

• Nadel the draft Sexual Offences Bill of the SALC. The draft Bill defines sexual penetration in a more inclusive manner and covers the rape of children, same sex rape and female perpetrators of rape. They recommend that the current definition of ‘unlawful carnal intercourse’ be replaced by the SALC’s definition on ‘sexual penetration’.
• Nadel recommends a clear definition of indecent acts and supports the SALC proposal in this regard. They recommend that this definition be included in the current legislation.
• Nadel recommends the removal of the tem ‘immoral’ from the Sexual Offences Act.
• Nadel recommends that Section 14 be removed in its entirety and be replaced with the SALC’s proposed Section 6 of the Sexual Offences Bill entitled ‘Acts of penetration or indecent acts with consenting minors’.
• Nadel recommends that the clause declaring it a defense that a child was a prostitute at the time of a rape be removed.
• Minor perpetrators should be trialed in appropriate Children’s Courts. Furthermore, the age of majority should be decreased to 18 years from 21 years.
• Provision must be made for the perpetration of rape by a female and for the inclusion of same sex offences.
• Nadel supports the SALC recommendation to abolish the cautionary rules. They also support the SALC establishment of a category of ‘vulnerable witnesses’, which seeks to facilitate the protection of certain categories of witnesses.
• Nadel believes that a child’s previous sexual history should never be relevant in a sexual offences case.

This submission provided a background of the work of this project. It pointed out that in their work with orphaned, abandoned and abused children for a period of twelve years, there has been a notable increase in the incidence of child rape, with girls younger than eight years increasingly being targets. It further maintains that in many cases, the rights and protection of children are ignored by government officials, police, DSD, teachers, nurses, justice officials and even by University Law Clinics.

The paper outlines the conditions that lead to the increase in sexual abuse of children in South Africa:

• A culture of violence and victimisation;
• A breakdown of the family unit;
• Lack of respect for children’s rights and priorities;
• Disrespect of girls and women by men;
• Myths about curing HIV;
• Shocking neglect of cases by police and the justice system;
• A culture of impunity towards the law.

• Police and protection services, and the justice system, are held accountable for cases that they are investigating and prosecuting. They must ensure that their work is done thoroughly and timeously;
• Children are provided with support, protection and counselling services;
• Child protection units should be strengthened and capacitated with experienced and dedicated professionals;
• Special courts should be provided for efficient and fast prosecutions and added protection for children through child friendly services in court;
• The government to act immediately against police and justice officials who aid and abet the work of child rapists and abusers, by allowing cases to be badly investigated, delayed, ignored and even mislaid.
• The establishment of an Ombudsman to deal with follow-up on cases which are reported, but continually delayed or reneged on by the police and justice system;
• Immediate testing for HIV of all sexual offenders;
• Justice officials to oppose bail and heed minimum sentencing criteria for crimes against children.

This submission provides recommendations and suggestions around the adoption of a model of better management of child abuse cases. The paper outlines the problems encountered in South Africa when dealing with the issue of sexual abuse of children and thereafter provides a model of managing child abuse based on the Child Advocacy Centre (CAC) Concept. Research has been conducted on the way in which the system currently operates in the United States of America. The Child and Family Welfare Society of Pietermaritzburg is currently engaged in a national project co-ordinated by the South African Society for the Prevention of Child Abuse and Neglect (SASPCAN), which is looking at the viability and establishment of such centres. The paper argues that because of the problems encountered with the present system, the Children’s Advocacy Centres (CACs) model provides a useful tool to replicate in the South African context.

The model in itself is useful in that it argues for a comprehensive, multi-disciplinary response to child abuse, ranging from interviews, case tracking, medical services etc. The envisaged model is based on the concept of the one-stop centres but this model’s primarily focus will be on strengthening children who are sexually abused.

It would be useful for the Task Team to follow the progress made by a pilot project in Pietermaritzburg that will be operational during the next few months. The work of the Child and Family Welfare Society of Pietermaritzburg should be incorporated into certain policy changes, as the model of best practice for the management of child abuse cases seems to be an excellent one.

Ms Joan van Niekerk, Chairperson of Childline South Africa and the KwaZulu-Natal Child Abuse and Neglect Protocol represented Child Line. Her presentation focused on the following:

• Childline’s services in the field of child sexual abuse.
• Childline’s experiences and present perception of reported sexual abuse.
• Causal factors contributing to the increase in reported child sexual assault.
• Solutions to the problem.

The Organisation represents 6 Regional Childline structures that provide 24-hour toll-free crisis telephone counseling services to children and their families or caretakers, throughout the country.

Any child or family member in South Africa can telephone the crisis line any time of day or night, any day of the year. A total of 50 000 calls are received each month.

Other services offered include:

• Treatment of abused children and their families.
• Court preparation for the child victim.
• Abuse education and prevention programmes.
• Training of lay counselors, both for the crisis counseling lines as well as for remote rural and semi-rural areas where there are no formal resources providing services in the field of management and prevention of child abuse.
• Training of professionals who work with abused children.
• Some Child line Centers provide for the treatment of child, adolescent and adult sexual offenders.

Sexual abuse is the single largest category of child problems that Child line deals with. Their services tend to be used by the poorer sections of our communities as services are free. Any child or caregiver, who has access to a telephone, has access to Chidline.

After conducting an overview of statistics of reported child abuse over the last 10 years Childline has noted:

• A massive increase in the number of reported cases of child sexual abuse of up to 400%.
• A decrease in the average age of the sexual assault victim. In 1991 the average age of the sexually assaulted child was between 10 and 12 years. Presently, 50% of all children attending KZN’S therapy services after sexual abuse are under the age of 7 years.
• A decrease in the average age of the sexual offender.
• An escalation in the use of brute force.

• The socio-political history of the country has eroded family and community life.
• Broken family lives. Particularly the family life (or lack thereof) of child offenders is characterised by severe emotional, relationship and/or physical deprivation.
• The traditional methods of teaching young people responsible sexual behaviour have been lost and acceptable alternatives have not yet been integrated into family life.
• The HIV/AIDS pandemic and the myths that accompany it have also contributed to the vulnerability of children.
• The pandemic of domestic violence.
• Poverty.
• There is lack of financial support for the NGO Sector that works in the field of child sexual assault.
• The lack of service delivery, free schooling and employment opportunities for youth, especially those living in poverty.
• The Government has failed to accept, develop and implement the National Child Protection Strategy.

Childline does not advocate a quick fix solution to the problem of child sexual assault. It deems it essential that solutions are carefully researched before they are lobbied with the general public or put to decision-makers.

However the following suggestions were presented:

• Law Reform. The presenter supported the review of the Sexual Offences Act & Child Care Act that is currently underway. However, she argues unless resources and political will are committed to the implementation of law, these acts will remain "paper tigers". Although some progressive legislation is already in place, it is simply not implemented.
• The development and implementation of a National Child Protection Strategy.
• Role-players in the criminal justice system who fail in their responsibility to protect children through corruption, disinterest and carelessness must be held accountable for their failure and disciplined appropriately.
• Resources must be committed to projects that effectively protect children from abuse and manage children after they have been abused.
• Role-players who work within the child protection system must be appropriately selected for their roles, appropriately trained, and appropriately debriefed on a regular basis.
• The Department of Education should be encouraged to include in its life skills education the teaching of human rights, impulse management and responsible sexual behaviour. These skills should be taught to all learners, both male and female at every level of the education process.
• The introduction of social security for all children who are destitute and easier access for those who are deserving of this assistance.
• Attention must be paid to the child sexual offender. It is essential to develop programmes and services for these young people who are usually the victims of abuse themselves. They should whenever appropriate be diverted from the criminal justice system.
• Punishment of the child sex offender has to be more appropriate.
• Attention must be given to child victims of child sexual assault especially male victims. Research at Childline indicates that the male victim of childhood abuse and neglect is more likely to develop abusive behaviour during both child and adulthood.

• Are there any available statistics of child-headed households? According to the presenter this type of information is very difficult to collect. Information only becomes available in an informal way. However, she referred the Task Group to the "Cindy Project" in KwaZulu Natal as a source of such information.
• Are there any programmes in place to treat child sexual offenders? Yes, one such programmes is the new Child Justice Project. However, the presenter made allegations of abuse of child perpetrators by prison Warders. Her allegations were leveled at a particular prison in KwaZulu-Natal.
• Has the Organization received any co-operation from the Department of Education? No, there is not sufficient co-operation. For example, a complaint of child sexual abuse that has been reported may take up to 6 months before the Department responds.
• How active is the Organization in rural areas? The Organization physically goes out into rural areas to train people in the basics of child abuse, how the system should respond, etc. Once trained, lay counselors receive assistance form Childline through the toll-free line.

Ms Rashieda Ebrahim and Catherine Solomons (a volunteer) represented the Cape Town Child Welfare Society. The Society’s response was based on the need for developing effective capacity building programmes at community level. These programmes have to be cost effective and integrated within the broader legal and justice areas in terms of the protection agencies and courts of law.

The Society manages a number of programmes, the latest of which is the Isolobantwana (The Eye on the Children) Programme. This is an innovative, cost effective community capacity building Programme aimed at preventing and eradicating child abuse in the communities that the Society serves. This Programme was the focus of the Society’s presentation.

The Society impressed upon members of the Task Group the critical importance of social workers and volunteers to ensure successful outreach and programme operations.

The Programme is structured in such a way that communities identify selected volunteers. These volunteers are trained by the social workers to enable them to deal with cases of child abuse, neglect and family care. The training focuses on topics such as the signs and symptoms of child abuse, parenting skills, legislation and conflict management. After training, the volunteers’ knowledge is tested before they are authorised by the Commissioner of Child Welfare to legally remove a child from the primary caregiver in the case of a threat to the child’s safety. This is a major breakthrough for the Programme, as previously, legislation allowed only police officers and social workers to perform this function.

Trained volunteers fulfill specific roles. They could:

• Serve on the Management Committee. This Committee manages the Programme and assumes responsibility for sustaining the Programme.
• Act as Helper or Eyes who investigate cases that are referred to them, counsel vulnerable families or monitor problematic cases for social workers.
• Provide places of safety. Volunteers open their homes to provide care to abused, neglected and abandoned children for up to a maximum of 48 hours, until the matter can be followed up by social workers.
• Fulfill a preventative role by facilitating regular public awareness meetings about pertinent issues in their communities.
• Problems previously experienced by the Programme
• Many abused and neglected children did not receive the necessary assistance, as cases were not reported to the welfare society.
• Most of the communities face similar problems such as unemployment, illiteracy, broken families, substance abuse etc.
• Social workers often felt overloaded with high caseloads, limited human and other resources to deal effectively with cases.

These problems all resulted in frustration, a sense of hopelessness and feelings of inadequacy at both ends of the continuum.

The staff of the Cape Town Child Welfare Society decided to devise alternative strategies by adopting a developmental approach to service delivery. The Programme thus strived to focus on 3 aspects of service delivery, namely:

• Empowering the community by training selected community members to be available to children at risk.
• Building capacity within communities by increasing their knowledge about resources and responsibility.
• Enhancing networking among communities and harnessing their resources in order to render an effective 24-hour child protection service.

The Isolobantwana Programme has benefited child welfare, the community, as well as children in a number of ways. These include:

• It is very cost-effective and services are localised at the community level.
• It has increased the productivity of social workers.
• It has provided a 24-hour child protection service for the target communities.
• It has effectively empowered communities to take responsibility for their lives and the safety of their children.

Questions and comments arising out of the presentation include:

• What is the scope of the Programmes in terms of the communities it serves? According to the presenter, the Programme serves 14 communities, including Kayelitsha, Hanover Park and Ottery. These communities were targeted based on their high abuse statistics. At present, the Society also aims to focus on rural areas.
• What type of support systems are available to volunteers to help them deal with the trauma they experience through their work in the Programme? The response from the volunteer created the impression that there are no formal support structures available to volunteers. She only referred to the support and assistance from her family.
• How do the community-based places of safety operate and do they enjoy the support of the Department of Social Development? According to the presenter, places of safety are really the private homes of volunteers that are opened to accommodate abused children. Children are accommodated for a maximum period of 48 hours. Families are given first option to have their children returned to them. They are given 3 chances to change their lifestyles. If they do not improve their lifestyles, the child is removed and placed in the care of his/her immediate family. If no immediate family is available, the child is placed in foster care.
• What are the most common types of abuses? Neglect is a big problem in most communities. This is followed by substance abuse and inadequate care by caregivers, sexual and physical abuse.
• Who funds the Programme and how is it sustained? The funders of the Programme are the Nelson Mandela Children’s Fund, private funding and a Government subsidy.
• What can Government do to assist? The major challenge is to move away from professional ethics and to recognise and acknowledge the value of volunteers who don’t necessarily have tertiary education.

Dr. Jackie Loffell presented the submission by the Johannesburg Child Welfare Society. The submission focused on the state of services with regard to prevention and assistance once abuse occurs. She also indicated support for a Basic Income Grant.

Concern and awareness have escalated in the area of child abuse yet services have deteriorated. There was a lack of questioning around whether existing child protection services are equipped to deal effectively with the problem and there seems little commitment in allocating resources to this area.

The child protection system is in neglect and there is no inter-sectoral budgetary process for this.

A large number of State child social services are transferred by the State to the NGO sector. These organisations only receive discretionary subsidies that have decreased over the years. There is a de-linking of state subsidies from civil service salaries.

The salaries offered to staff of these NGOs are extremely low. This results in a

loss of staff often to the State which offers more competitive salaries. This creates a gap within the organisation and results in secondary victimization for the children, as the children now have to build a relationship with new (often not fully trained) staff.

Budget cuts affect the level of training that can be offered to staff. Training is an essential component of developing skills in order to deliver an effective service and minimize the risk of secondary abuse.

Child social service organisations are no longer able to access traditional funding sources such as corporate donations, subsidies and per capita grants and proceeds from scratch cards.

The Lotteries Act relegates child protection organisations to the status of charities which means that they receive a limited contribution from the proceeds.

The Department of Education has restricted their Early Childhood development responsibility to the reception year. The remainder has to be provided by the Department of Social Development. The contribution for Early Childhood Development programmes is at the discretion of provinces. Early Childhood Development programmes therefore often fall between the Department of Social Development and the Department of Education. Numerous services by NGO’s are closing around the country.

A need for proper resourcing of key departments at national and provincial levels such as Social Development, Justice, Safety and Security, Education, Health and Correctional Services.

It is important for Government to form implementation and financial partnerships with NGO’s in the area of child social services.

It is important to expand existing Early Childhood Development programmes which have shown to be effective in the prevention of child sexual abuse and assisting in breaking the cycle of poverty.

Poverty does not cause abuse but plays a role in facilitating abuse. The presenter supports the call for a Basic Income Grant which will help to address child sexual abuse.

The presenter asked that the media provide more coverage of serious issues in the child social service system rather than only cover sensational cases.

Discussions were held around the impact of low salaries on the morale of service providers and their productivity. Service providers need to earn a decent living to be able to stay in the sector. Better salaries will not prevent first level abuse but will assist in first level intervention and in responding effectively to abused children thereby preventing further abuse. Adequate training, support and management of social services will contribute to increased productivity and job satisfaction.

Questions were raised whether service providers have made the shift from welfare to development. The presenter stated that this is a semantic issue and that responding to people in crisis is part of the development of the nation.

Members raised concerns aboutthe location of child service offices, which are mainly situated in towns. The presenter stated that considering small staff numbers, services are accessible to a wider sector of people when they are situated in towns. Decentralisation is only effective if adequate resources are available.

Dr Rose September presented the submission on behalf of the Child Protection Programme which focuses its work on issues of child protection, especially issues of child abuse, exploitation and neglect. The submission focuses on key issues relating to the child protection system that includes systemic and institutional capacity issues.

• Child abuse is not confined to a social class.
• Poverty places children at risk.
• Child protection workers are struggling to find a balance between protection and poverty eradication.

• Cabinet to insist that the Department of Social Development complete the National Strategy on Child Abuse, Neglect and Exploitation and provide a completed draft to Cabinet.
• An inter-ministerial committee should be established to oversee the implementation of the strategy. The main aim of the committee should be to establish inter-sectoral co-operation at national and provincial level.
• Cabinet should allocate grants to fast-track the implementation of the strategy and should mandate all national departments to prioritise implementation of the strategy.
• Provision should be made for implementation in the medium-term expenditure framework.
• There is a focus on community based interventions and therefore a consultative approach on policy is important as is the need for all relevant departments to form partnerships with NGO’s, the business sector, research and training institutions and community based organisations to impact both on the development and implementation of a strategy.
• Social services should be a desk in local government structures.
• Neighbourhood childhood intervention is important but links are needed to support these services.

Andre Kallis, the Head of the South African National Council for Child Welfare, presented his organisation’s submission to the Task Group. The submission was made in the context of there not being any systematic collection of national figures on child sexual abuse. However, it was stated that 5000 cases of sexual abuse were dealt with annually at the 166 Child Welfare societies across the country. The most fundamental issue that needed to be dealt with was the manner in which children are viewed and perceived. It was submitted that children were currently viewed as inferior and as a commodity.

• The myth that sex with a virgin will cure HIV/Aids has progressed into a significant problem.
• The disempowerment of women and children causes them to bear the brunt of discrimination and violence.
• Poverty affects both men and women resulting in feelings of hopelessness as well as alcohol and drug abuse.
• There is a strong link between poverty and the commercial sexual exploitation of children.
• There appears to be a decline in the moral fibre of South Africa.

• The Department of Social Development makes inadequate financial resources available to NGO’s preventing them from carrying out their work effectively.
• Essential human and financial resources have to be put in place to achieve the goals set out in new legislation and policy.
• There are various intersectoral gaps.
• The health sector has failed to provide adequate training and facilities needed to combat child abuse.
• There are a lack of resources, training and Child Protection Units.
• Courts and court procedures do not adequately facilitate the smooth processing of sexual abuse cases.
• Life skills training in schools is limited or absent.
• The NGO sector has no formal representation on the structures of the National Plan of Action for Children.
• There are various plans of action for children in the President’s Office but nothing is being done to implement this.

• A National Intersectoral Child Protection Strategy has to be developed immediately.
• Resources have to be provided to ensure that new legislative requirements are complied with.
• Provision should be made for the establishment of intersectoral infrastructure.
• Government departments should take note of problems experienced by NGO’s.
• Initiatives such as the sexual offences court must be tracked, evaluated and monitored.
• Appropriate diversion and treatment programmes for perpetrators must be developed.
• The register of sex offenders should be seriously considered.
• The present programmes and structures of the National Plan of Action should be reviewed to include NGO representation.
• The percentage of the Department of Social Development’s budget used to fund NGO’s is inadequate and has to be reviewed.
• Underspending and rollovers within the National Poverty Alleviation Strategy and other programmes are unacceptable.
• The financing policy has to be improved.
• The poor salaries paid to social workers must be improved.
• The existing National Committee on Child Abuse and Neglect should develop and implement its terms of reference.

• The presentation by Child Welfare was criticised for failing to provide solutions. In response, it was submitted that the best solution is to take the issue of child abuse to the community and develop the community to facilitate processes of empowerment.
• Questions were raised about the National Plan of Action for Children that had not been implemented. Certain Members were unaware of this Plan and questioned the presenter’s assertion that the Plan was lying on the President’s desk for the last 5 years.
• There appeared to be insufficient in-service training for social workers due to a lack of resources.
• It was suggested that better working conditions for all people in the social development field would improve the situation and reduce the incidence of child abuse. The poor working conditions create a situation where a few social workers have to carry a large workload. There has to be a direct collaboration between service levels and salaries.
• Institutions and NGO’s that train social workers came under criticism for focusing on individual cases as opposed to utilising a developmental community approach. In response it was argued that there has been a move towards this approach. However, if a social worker was presented with a report of an abused child, s/he would not be able to go back to the community and intervene at a developmental level.

The submission focused on the role that society plays in creating the environment for such abuse. It argued that South African society is "sick" since it views children as disposable, view sex as casual, tolerates degrading depiction of women and to a large extent tolerate rape. The submission calls for the introduction of stricter sentences but acknowledges that it will not solve the problem. The problem lies in the religious faith of our society that has weakened, thereby negatively affecting the moral fibre. The submission proposes:

• The abolition of the 1997 Choice on Termination of Pregnancy Act;
• The Government must not fund LoveLife and other programmes that promote immoral behavior. It recommends that Government must support abstinence until marriage;
• The SABC must not be allowed to promote immoral values;
• Making the sale and possession of pornography illegal;
• The introduction of the death penalty for rapists and child abusers.

The presentation concludes by showing the links between pornography and the abuse of children. A number of local and international case studies are used.

As the submission states, a register of sexual offenders makes parents feel safe in the knowledge that they live in a paedophile-free area. Conversely, the register enables them to decide if they want to live in an area with people who may pose a danger to their children, and/or women.

Counter arguments include the notion that keeping a register of sexual offenders is not a deterrent. In fact in countries where the register is kept there has been a modest increase in child sex crimes. Furthermore, there is little to stop a paedophile giving a false address or going underground. Third, there have been numerous cases of misidentification; vigilante attacks on paedophiles, and even suicides of people who have been subjected to public attack after their names have been published on the websites. Fourth, dangerous criminals are driven underground to avoid public anger.

In any event, the South African Law Commission has already expressed itself against the provision for a sex offender register.

The submission provides a perspective of gaps in existing legislation/service providers in protecting children in South Africa.

Problems – Department of Social Services/Police Services/Medical Attendants

• Too understaffed to deliver necessary assistance to the abused child and their family;
• Department "appears to only do traffic control" – child and or family are just routed from one home to other;
• No trauma therapy or very little ongoing therapy takes places, especially where the family is unable to afford private therapists;
• False hope is created in the abused and traumatised child that if he/she reports the abuse, there will be a positive outcome;
• Sniggered by the police, peace officers when they try and report their ordeal;
• They have to travel far and wait for hours amongst other patients to have a medical attendant examine them;
• Medical attendants are often untrained and insensitive to the emotional state of the child;
• Inadequate training of medical personnel to recognise abuse and insufficient information is recorded and this often impacts on the evidence in court proceedings;
• Some medical practitioners are foreigners and when they leave the country, there is a reluctance or unwillingness to return for the trial or the state cannot afford to pay the bill for their return to the trial.

Problems - Department of Education

Although the Department of Education has embarked on the Life Skills Programme on highlighting the aspects of child abuse, it is also important that communities understand that it is also their duty to protect the children. However, many communities are unable to recognise abuse, as it is a way of life.

Problems – Judicial System

• The time period of obtaining a conviction and the child or parents seeing any form of justice is traumatic;
• The impact of this slow process has had negative effects on the child in terms of emotional, educational and social outcomes;
• While there are options for communities to provide input at parole hearings, most often family members are not notified when these hearings take place to lodge their input.

• The tendency of most social systems in dealing with rape cases involving children is to place the child back with the abuser – why not remove the perpetrator.
• The judicial system has to be speeded up;
• As there are perpetrators at all the different levels of society, it is imperative to have private and impartial evaluators of a child who reports abuse from, for example, police officers or any person in the child abuse arena;
• When the success of prosecution is weak, the child is too traumatised to go to trial, the child must receive appropriate therapy to deal with the abuse and society’s ability inability to prosecute;
• The child should not be sent to industrial schools or institutions where it appears that their very disclosure has punished them while to them it appears that the perpetrators are the heroes;
• It is crucial that communities be encouraged to attend workshops where these communities are conscientised around the issue;
• The infrastructure of the various departments need to be established to provide ongoing workshops for communities;
• Officials need to be sensitised to understand what happens to the emotional and mental make-up of the abused child so that the process of interrogation and investigation is conducted in a sensitive manner without inflicting more damage;
• Correctional services officials need to compile and understand the profiles of child abusers and the impact on society;
• Conviction rates are low.

J. Swain, Chairperson of the Concerned Citizens Against Pornography, made the following submission.

The submission raises a number of concerns with regard to the high rate and poor response to child sexual abuse. The submission raises the following concerns:

1. Non-Governmental Organisations and the Government co-ordinated and facilitated a number of events which are aimed at addressing the problem of child and sexual abuse. To date the recommendations of those stakeholders have not been factored into policy and the practices of the justice system;
2. The justice system is not sensitive and structured, and equipped in a way

to be able to deal effectively with child sexual abuse issues;

3. The rate of abuse of children’s rights is high. Child abuse occurs in many instances where certain people make profits out of it;
4. Ms S.J. Swain raises concerns about the number of events (workshops, conferences and previous hearings on child and sexual abuse) that has been initiated, which were aimed at coming up with proposals to address child abuse. In these events, all stakeholders were represented to come up with possible solutions to the problem. In these forums, working documents were formulated. The concern in this case is that holding public hearings may be creating a repetition of the process that have been done in previous forums instead of implementing the resolutions which have come out of previous forums. This raises a question about what has been done about previous input on these issues;
5. The operation of "adult shops’ in residential and community shopping areas creates a problem that needs to be addressed. Where communities oppose such shops in their vicinity, this is often ignored. The rights of individuals seem to be allowed to prevail at the expense of community. As a result the rate of prostitution in those vicinities increases;
6. There are a number of child and sexual abuse events that occur in the name of "tradition" while it violates law. There needs to be a clear definition and clarity on these because children are often abused and those types of abuse are often ignored as they are referred to as tradition.

• There is a need for the Government to act immediately on the proposals that have been received instead of holding hearings without going forward to implement recommendations;
• The justice system needs to be empowered and structured in a manner that allows it to deal effectively with child and sexual abuse;
• There needs to be stricter law enforcement and sentences on child abuse cases.

The mission of STOP is to promote a society in which children are nurtured in an environment of sound family values and in which women and children in particular are protected from sexual crime, sexual exploitation, abuse and violence in accordance with their constitutional rights.

STOP opposes the proliferation of pornographic and related sexually explicit material that "engulfed our country since 1994.

The organizations submit that the Films and Publications Act contributed to the creation of a social climate of "sexual freedom" which inevitably degenerated into a culture of "anything goes."

Pornographic material is intended to sexually arouse the user. It depicts mechanical, loveless and frequently violent sex and often involves children (or petite "legal 18 year olds made up and dressed to look like much younger children in order to simulate child pornography. It also perpetuates the myth that when a woman says "no" she actually means "yes" and that she enjoys sex even when it is violent.

Pornographic material is freely available in books, magazines, videos, cinema films, television, radio, the media and advertisements. The Internet has a vast array of easily accessible porn websites featuring explicit depraved, sexually explicit material as well as several million images of child pornography. The material is freely available. Where films and publications are concerned, the provisions of the Films and Publications Act guide it. Even where this Act proscribes the sale of pornographic material to children, once it leaves the shop, it inevitably falls in children’s hands. It is found in second-hand bookshops, in the streets, and at schools because of its popularity with young boys. The consequence is that we cannot inculcate a healthy sexual life in boys aged 12 – 17 years, who are known to be the biggest consumers of pornography.

The television has also contributed to altering standards of sexual behaviour by pushing the limits from the sexually suggestive to overt pornography. The influence of television is all-powerful and insidious.

The rape of children can no longer be viewed as predominantly an act of violence rather that a crime of motivated by passion or lust. With the decline in standards of sexual behaviour, "date rape" has increasingly become common, and the rape of school children by teachers, for instance, are unlikely to be attributable to the underlying need of the perpetrator to commit an act of violence.

Like drugs pornography has an addictive effect, followed by an escalation in the need for "stronger" material. Overtime, desensitization occurs and lastly there is an increased tendency to put into action the sexual activities seen in the pornography. Thus fantasy can become reality – especially dangerous to the community where the addiction has been to child pornography.

Dr William Marshall, a respected child psychologist stated that 87 per cent of girl-child molesters and 72 per cent of boy child molesters regularly use pornography and 86 per cent of rapists regularly used pornography and 57 per cent copied pornographic scenes in the commission of rape.

In a 10-year study, the Los Angeles Police Department found that in 60 per cent of child molestation cases, adult or child pornography was used to destroy the conscience of the child and teach them to model perverse behaviour.

Closer to home, in the Western Cape an Attorney-General’s Office stated that every case of consensual child abuse she had handled involved the use of pornography.

A 1991 study by the Institute of Child and Family Development revealed that prostitution is rife in South Africa, and escalating since our country became known as a premier sex-tourism destination. Children’s bodies are plentiful and cheap, particularly on the Cape Waterfront, and pimps make use of pornography as tools to teach and motivate children.

• In searching for the causes of the escalation of rape, the mindset of the rapist is due for appraisal;
• Review of the Films and Publications Act. For example: books and magazines of a pornographic nature should be submitted to the Films and Publications Board prior to publication. That is, classification should not be complaints-based as at present;
• Expansion of the duties of the Films and Publications Board to deal with television material. This situation prevails in Netherlands;
• Expansion of the Films and Publications Board’s powers to include the law enforcement in liaison with the Police;
• Review of the Business Act in order to legislate tighter requirements for the establishment of Adult premises ("Sex Shops") by e.g: stringent licensing requirements, limitation of numbers in a given area, and by land-zoning. Such measures could be passed on, as is presently the case, via Provincial law and local government that, by its nature, allows for direct public participation. (Note zoning by-laws are already operative in East London);
• Enforcement of the Broadcast Act. The electronic media should be compelled to adhere to the fine Code of Conduct as contained in the Broadcast Act. At present the Act appears to have not "clout" where contravention of the Code is concerned;
• Establishment of a user-friendly, well-advertised route (including a toll-free phone line) for the public to complain about offensive/harmful television and radio broadcasts.

• A public hearing should be set up by the Portfolio Committee on Communications as matter of urgency to facilitate public debate on the programme content of the electronic media;
• The appointment by the SABC of a suitably qualified person to advise on programme content;
• Setting up of a user-friendly service to enable the public to complain about contravention of the Films and Publications Act;
• Discussions were held around the value of re-establishing street committees to deal with the problem of child abuse. Concern was raised that as street committees were found in black communities it may imply that it is only black people that should address the problem. The principle of street committees may have some value.
• Confusion was raised around the anti-retroviral pilot programmes. The presenter reiterated that pilot projects should be rolled out throughout the country.