The South African Human Rights Commission (SAHRC) said it has noted with deep concern the recent revelations in the alleged rape of seven-year-old girl in Matatiele, in the Eastern Cape.
The commission said that while certain aspects of this tragic case may fall outside its direct mandate, it nevertheless presents a critical moment for reflection and urgent advocacy around the systemic failures in the country’s child protection systems.
This tragic incident has ignited public support and sparked a countrywide protest.
Speaking on You FM Newshour on Tuesday evening, SAHRC’s Commissioner Nomahlubi Khwinana said that children’s interests must always take precedence in all matters involving or affecting children, in line with both international and domestic law.
In addition, she urged parliament, law enforcement agencies, and civil society organizations “to seize this moment as an opportunity for transformative reform saying the rights and dignity of children are non-negotiable, and failure to act is a failure to protect.”
Khwinana lamented the lack of implementation of the country’s most revered legislative and policy framework in relation to the protection of children.
“The prevalence of child abuse, neglect, and exploitation in South Africa demands not only strong condemnation but decisive and coordinated action.
Although South Africa has a robust legislative and policy framework aimed at protecting children, the core challenge lies in the implementation, enforcement, and institutional coordination of these legal provisions,” said Khwinana.
Furthermore, she said cases such as the Matatiele one, reveal glaring lacunas in timely intervention, lack of accountability, and systemic inefficiencies which enable the ongoing violation of children’s rights.
“Definitely, it is important to have a reflection and of course to urgently have that advocacy around the systemic failures within the system regarding South Africa’s children protection system,” explained the commissioner.
The National Register for Sex Offenders (NRSO) has been a contentious issue recently with some sections of the society calling for it to be made public while the Justice and constitutional Development Department said that legislative reform is needed, and data privacy laws need to be upheld.
The commission stressed that no person who has been deemed unfit due to past sexual offences should ever be allowed in spaces where children are kept or cared for.
It said that the effective use of the NRSO must become a non-negotiable standard practice across all child-related institutions and services.
“There must be compulsory and consistent use of NRSO to screen all individuals working in environments involving children.
The NRSO serves as a critical safeguard to prevent individuals convicted of sexual offences against children or persons with mental disabilities from being employed or volunteering in schools, crèches, child and youth care centres, or any child-focused setting.
Failure to consistently reference and enforce the NRSO undermines efforts to create safe environments for children and exposes them to further risk,” remarked Khwinana.
The SAHRC emphasizes that addressing child abuse is not solely a legal matter, but is also a societal responsibility, “my child is your child.”
Families, churches, and civil society must play a role in safeguarding the rights of children.
It requires a cultural shift toward zero tolerance for any form of abuse, grounded in awareness, advocacy, and accountability.
Meanwhile, Police Commissioner General Fannie Masemola has tasked the Component Head: Family Violence, Child Protection and Sexual Investigations (FCS) unit to bolster and oversee the ongoing investigation.
“The FCS head, Major General Mmantsheke Lekhele has met with the investigating team to ensure due diligence was conducted in this case and that the chain of evidence was properly preserved.
She will meet with persons of interests and key stakeholders such as the NPA to ensure justice and the finalisation of the matter.
The SAPS assures the nation that justice will prevail and those that are found to be guilty of any offence will be brought to book,” said police spokesperson, Brigadier Athlenda Mathe.
The SAPS has also called for responsible social media reporting on this sensitive matter.
