Victim's emotional readiness delays testimony against father in rape case
Callas Foundation supporters and residents protest outside a high school following the reinstatement of teacher who was accused of raping his minor daughter.
Image: Supplied
The criminal case involving a teacher accused of raping his minor daughter for four years has been struck off the roll provisionally to allow the child to be psychologically and emotionally ready for her testimony.
The teacher's position was reinstated at a high school in Mitchell’s Plain following an arbitration outcome in April.
In the criminal matter, the teacher, who may not be named in order to protect his daughter's identity, made an appearance in the Blue Downs Regional Court on Friday, where he heard that the Directorate of Public Prosecutions (DPP) would allow for the matter to be removed from the court roll, after a letter from a psychiatrist was obtained that the victim would need more time to be ready for testimony.
In May, the Cape Argus told of how gender-based violence activists together with the Community Policing Forum (CPF) expressed outrage at the teacher being allowed back into his post at the school.
It followed the arbitration hearing held by the Education Labour Relations Council (ELRC), where he faced charges of sexual assault of a learner who was at a different school and misconduct in terms of the Labour Relations Act.
He was found not guilty.
The teacher was granted bail of R1 000 in 2022 after the matter was reported to the police in December 2021.
He was suspended in April 2024 and an inquiry began with ERLC.
Earlier, Bernice Loxton of the ELRC, confirmed the status of the outcome.
The mother reported the allegations, leading to his suspension in April 2024, with the parallel criminal case ongoing.
Despite the complainant and mother's testimony, the arbitrator found the teacher not guilty on the balance of probabilities, citing insufficient evidence to link him to the alleged abuse, even with expert testimony suggesting possible sexual abuse.
Caroline Peters of the Callas Foundation, which advocates for the rights of women and children, said the time would allow the victim to be stronger for proceedings.
“The victim is not ready emotionally yet and the letter from the psychiatrist supports this,” said Peters.
The child’s mother, who also may not be identified and is also a teacher, said they felt that the outcome of the arbitration matter had weighed a lot on her daughter.
“The DPP instructions are to have the matter placed back on roll in the next 3-6 months, giving them time to properly prepare the witness,” she said.
“It will also give my daughter time to recuperate from the WCED case (ELRC).
“The fact that the ELRC superseded the criminal court process, that he is back at the school, exposing vulnerable learners to him.
"The devastating victimization of a child victim by the very education system that is supposed to protect children.”
Earlier the Western Cape Education Department’s Bronagh Hammond confirmed the teacher was found not guilty of committing the acts of assault, and therefore not guilty of the charge of misconduct leveled against him by the WCED in terms of section 17(1)(b) of the Employment of Educators Act No 76 of 1998.
The National Prosecuting Authority (NPA) has yet to respond to queries on the latest developments.
The alleged sex attacks began in 2017 until 2021 and the parents are since divorced.
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