“Betrayed” is a harsh word to describe the government’s failings. So it was not a casual decision when we chose to use it on our cover on May 9 when the plight of seven-year-old rape victim Mamokgethi Malebane first came to light.
We were angered by the fact that she had disappeared after her alleged rapist had been freed on bail.
The word “betrayal” obviously resonated with other media when the child was finally found dead last week.
Justice Minister Dullah Omar’s condolences to the Malebane family are welcomed, as are the steps he is taking to tighten bail laws, but it is a great pity that a child had to die before politicians once again took note of weaknesses in the justice system.
Hopefully, this time Omar will do more than promise to change the system.
This newspaper printed, in October 1995, a promise by Omar that he would “seriously address” the problem young victims of sexual abuse face in South Africa’s courts.
His assurance followed the publication of nine affidavits detailing horrific child abuse which had been handed to Omar to highlight the flaws in his court system.
We were told Omar had given an undertaking weeks after he was appointed justice minister to extend South Africa’s single sexual offences court to the entire country.
Three years later there is still only one such court.
We were told Omar would urgently draft a “coherent prosecutorial policy regarding sexual offences”. This week he was again promising to amend bail laws so they would ensure people suspected of “brutal rapes” would not walk out of his courts.
We were also told Omar would do his utmost to ensure children didn’t have to wait for years before testifying about their ordeals – thus prolonging their trauma, increasing the risk of being regarded as unreliable witnesses and facing their accusers who are often granted bail.
Today, families have told this newspaper of how they are still facing constant delays in getting justice in our courts.
Unless the administration of justice can protect the Mamokgethi Malebanes of our country, our eloquent and beautiful Constitution will be a worthless scrap of paper. The confidence of communities such as Katlehong in the new Constitution and the system of justice is being steadily undermined.
Therefore, “betrayed” is the best word to describe what is happening. Betrayed by magistrates and prosecutors too overworked and too busy to do their jobs properly. Betrayed by politicians who were put there to deliver justice, not promises.