You can be imprisoned for up to five years if you do not report your suspicions that a child might be sexually abused, to the police.
You do not have to be directly involved or have evidence, and can report anonymously if the circumstances allow it. In such an event, you do not have to be called as a witness.
“There is no room for you to use your discretion. There are three legislations at play compelling you to report to the South African Police Service (SAPS), irrespective whether you think the children are too young or there might not be a case. It is up to the police to investigate all allegations,” says Adv. Salome Scheepers.
Scheepers, senior state advocate at the Sexual Offence and Community Affairs (Soca) unit of the National Prosecuting Authority (NPA), tasked as portfolio manager for domestic violence, addressed the Motor Industry Staff Association (Misa) on its third webinar educating the union’s more than 65 000 members during Child Protection Week, which was observed from 29 May to 5 June.
Scheepers addressed the consequences people face if they do not adhere to the mandatory reporting of abuse, neglect, exposure to domestic violence, or sexual assault of children.
Scheepers referred to the case of Poppie van der Merwe who was only three years old when she died in October 2016, in Brits. She had been abused for eight months by her mother and stepfather.
“In her case, the judge ruled that everyone involved had to be investigated for their failure to report the abuse to the police.”
According to Scheepers, the Constitution protects the rights of children, but the reality is that the majority of children suffer abuse from those responsible to care of them in their own homes.
“Child abuse is not just a social ill, it is a pervasive crisis that affects the very foundation of our communities, families and, most importantly, our children.
“It is our collective responsibility to act, to intervene, and to protect those who cannot protect themselves. Children represent the future. They are our hope, our potential, and our tomorrow.
“When a child is abused, it is not just their present that is shattered, their future is also jeopardised.
“By reporting child abuse, we take the first crucial step in breaking this cycle, offering victims a chance to heal and lead healthy, productive lives.
“Every report made is a step towards saving a child’s life, a step towards restoring their dignity, and a step toward building a future where every child can grow up safe, loved, and free from harm,” says Scheepers.
