A national sporting body’s reluctance to take action against a child molester has highlighted the vulnerability of disabled children
Stefaans Brmmer T wo sports associations for the disabled kept on a senior executive, sentenced to 10 years in jail for sexually assaulting a 16- year-old Down’s Syndrome girl, giving him the opportunity to continue working with disabled pupils for more than a year. Anand Sivansulam – until recently the treasurer of the South African Sport Association for the Intellectually Impaired (Sasaii) -was charged in May 1998 with raping the girl at Westpark School for the Disabled in Durban, where he was employed as an administrator. Sivansulam, who was also president of the organisation’s provincial affiliate, the KwaZulu-Natal Sports Association for the Intellectually Impaired (Kaznaii), was released on R10 000 bail but stringent conditions were imposed, including that he have “no contact or communication with any pupil of any handicapped school whatsoever” and that he be barred from participating in either Kaznaii or Sasaii “in so far as such activity will result in contact or communication” with disabled pupils. On June 19 the Durban Regional Court convicted Sivansulam on the lesser charge of indecent assault and imposed a 10-year jail sentence. He was given leave to appeal, and his bail was extended pending appeal. After he was charged in 1998 his employer, the KwaZulu-Natal Department of Education, moved Sivansulam from Westpark School to an administrative position at its Durban regional office, to comply with the condition barring contact with disabled pupils. But – even after his conviction in June this year – both the sporting organisations did not suspend him. It took more than three months for the national sports body, and one month for its provincial arm, to finally do so. Sivansulam and Sasaii president Gerald Lackay this week said Sivansulam had written to both bodies at the end of July asking to be temporarily relieved of his duties. But a Kaznaii insider said the initiative was not Sivansulam’s. The insider, who asked not to be named, said Sivansulam did not inform members of his conviction, and they learned the details from judicial authorities more than a month later. “Only after pressure was brought … did he write his letter.” Lackay, speaking from Australia where he is attending the Paralympic Games in Sydney, said the Sivansulam case was used unfairly to undermine his organisation. “I’m trying so very hard to understand what is happening here… The organisation could do almost nothing. We could have acted, somebody will say, [or] we could not have acted, somebody else will say. It was very difficult.” In July 1998 Lackay personally backed Sivansulam in a successful court application to allow Sivansulam to travel to England to accompany South Africa’s soccer squad for the intellectually impaired to compete in World Cup finals. Lackay reportedly told the court Sivansulam was “Africa’s representative for the development of sport”.
It was only in August this year that Sivansulam was finally suspended. A Kaznaii letter on August 2 says its executive committee acceded at a meeting to “Sivansulam’s request to be temporarily relieved of his duty … due to personal circumstances”. Insiders say Lackay flew in to attend this meeting and pleaded for Sivansulam.
A day or so later the national body also decided to suspend Sivansulam, but the ban was to take effect only at the close of the South African Development Games of the Intellectually Impaired, held in Secunda the last week of September. Lackay this week justified the delay, saying: “It is not easy to replace the treasurer because he is the man dealing with the money. The main reason was because he received bail and [leave to] appeal… Granting bail means you are proving someone again free until proven guilty.” Lackay also claimed a member of the Office of the Public Prosecutor in Pietermaritzburg had told him that moving against Sivansulam could result in Sivansulam taking action against the organisation. “This is very hard on his family … He is really a person who has worked very hard in this field.” But another family – that of the victim – felt differently this week. The mother, who cannot be named to protect the girl’s identity, said: “We went through hell and hell and hell… I don’t think [the nightmares] will ever go away from her.” The mother said Sivansulam should have been removed from positions of authority much earlier. “He was free. My child was sitting at home and she couldn’t go to school because of the divisions [caused by the charge]. She couldn’t do anything.” During the period when Sivansulam was still active with Sasaii after his conviction, a flurry of letters from other organisations criticised the organisations’ soft stance on Sivansulam. Down’s Syndrome Association KwaZulu-Natal chair Joan Schmidt wrote to Lackay: “All children and adults with intellectual disabilities are vulnerable members of society and need to be afforded the protection of the community to prevent them from falling prey to the type of incident that Mr Sivansulam has been found guilty of, and such protection should ensure that they are not placed in the care or control of anyone under suspicion of, never mind found guilty of, such a crime.” This week the net closed tighter. An affidavit was handed to judicial authorities alleging Sivansulam had broken his bail conditions by being in close contact with disabled pupils at sporting events. Durban Regional Court senior public prosecutor Val Mellis confirmed receipt of an affidavit from a member of the disabled sports fraternity and said it would be investigated and a court inquiry could result.
The affidavit says Sivansulam attended a number of disabled sporting events including the South African Cricket Week in March 1999, the Elite Games for the Intellectually Impaired in September and October 1999 and the Development Games of the Intellectually Impaired last month. It claims he “mingled, communicated and interacted” with disabled pupils.
A fortnight ago the Medical Research Council released the results of a survey which found a majority of rapes were perpetrated on girls under the age of 15 – and that in 33% of cases a teacher was the culprit. Shocking as that figure may be, disabled children are probably at greater risk. Peter Mller, vice-chair of Down’s Syndrome South Africa and a member of the Federal Council on Disability, said this week: “People with disabilities are always very vulnerable… We therefore feel that the extra protection that people with disabilities need has not been afforded by an organisation which claims its main focus is to represent disabled people.” Sivansulam this week maintained his innocence on the original charge. “I can look in your eyes and tell you I have not done what I am said to have done.” He said he did not step aside earlier because “I found it honourable to continue giving my energy”.
He referred specific questions relating to the allegation he had broken his bail conditions to his attorney, but added: “I have never been with a kid in a sense of being involved with them.” At the time of going to press the attorney had not responded.