Sechaba ka’Nkosi
This is Sisi Modise (not her real name). She is four years old and lives in Mapetla, Soweto. In April last year, she became a statistic in the growing list of children sexually abused by adults in South Africa.
But in Sisi’s case, the man charged with indecently assaulting her, Leqhoba Tsotetsi, was declared a state patient after being found unfit to stand trial and is already back on the streets in the girl’s neighbourhood.
According to the Office of the Director of Public Prosecutions (DPP) in the Witwatersrand Local Division, Tsotetsi was referred to Sterkfontein hospital for treatment.
The DPP maintains Tsotetsi was sent to the hospital in July for treatment. But Sterkfontein hospital says he never arrived.
Sisi’s family decided to write to the DPP after they noticed Tsotetsi back on the streets just five months after he was charged with the offence, and demanded further clarity on the issue.
In a letter dated December 28 1998, the DPP explained that Sterkfontein hospital handed a document to the Protea Magistrate’s Court explaining that Tsotetsi had been attending a psychiatric clinic at the institution.
At the time of the incident, Tsotetsi was mentally ill and unable to appreciate the wrongfulness of the alleged offence, the court was told.
“A report to this effect was compiled by the authorities at Sterkfontein hospital where the patient was diagnosed as schizophrenic,” states the letter, signed by Andries Mokgope, a clerk at the directorate.
“The accused was therefore declared a state patient, as the prosecution cannot, by law, proceed against a mentally ill person.”
When questioned about the alleged release of the accused, DPP representative Kevin Attwell put the blame squarely on Sterkfontein hospital.
He argued that the hospital sometimes released dangerous patients without following the necessary procedures.
Said Attwell: “Such patients may not be released without an order from a judge who sits in chambers.
“First we get a comprehensive report from the institution, which we study carefully before making a full application to the judge. Judges then use their own discretion to decide.”
Further attempts by Sisi’s family to get clarity on how and why the accused was released were met with frustration.
Sisi’s aunt, Connie, says an unnamed administrator at Sterkfontein hospital told her that Tsotetsi was granted “leave” for a month in October. A few weeks later the period was extended for another three months.
Sterkfontein representative Meral Vorster said the hospital had no knowledge of Tsotetsi.
“We would like to inform you that we don’t have any records of that person in this hospital,” she said.
Tsotetsi’s early release is not the only issue which distresses Sisi’s family.
The family was never informed of the developments in court last April, and were not told of Tsotetsi’s impending release and so could not prepare the child for it.
Instead, they only discovered he was back when Sisi started complaining that she had seen Tsotetsi on the street, and expressing fears that he may again “force his big finger that has no nails on me if I go near him”.
“Can you understand the vulnerability we feel now that this man is back in our midst?” asks Sisi’s aunt.
“The child is feeling so traumatised. We are so disillusioned by the way this matter has been handled by both the police and the justice system.
“We have reached the stage where we really feel like fools that we even opened the case to try and protect the child.”
Adds Sisi’s mother: “The best they could have done was to arrange counselling for my poor girl. She is completely traumatised now. Yet the accused still walks around freely.”
The case represents growing resentment from victims’ families that the justice system is too lax in dealing with child molestation.
This week, relatives of Mmamokgethi Malebane and Dan Mabote – who is serving a life term in prison for murdering the little girl – clashed in court. Mabote was out on bail after appearing in court on rape charges when he raped Mmamokgethi.
Child welfare organisations say statistics show that nearly 90% of paedeophiles and child molesters are likely to resume their crimes after their release.