The National Director of Public Prosecutions (NDPP), Adv Menzi Simelane has authorised prosecution against the six (6) learners of Mavalani High School in Giyani including a pregnant girl and the boys. They have been charged with engaging in consensual sexual penetration while under the age of 16 years.
This was after a case docket relating to reports of twenty seven (27) learners being pregnant at the school sometime in 2010 was submitted to the Senior Public Prosecutor in Giyani Magistrates Court. Investigations have revealed that out of the 27 girls, only seven (7) were under the age of 16 years hence the charges have only been preferred against the 6 boys.
Evidence further revealed that one girl had actually been raped and the case is already pending in court with one of the boys being the only accused. The girls have since given birth. The six boys and one girl have now been charged with contravention of Sexual Offences and Related Matters Act 32 of 2007.
The charges are based on Section 15 (1) (a) of the Act which reads as follows: a person who commits an act of sexual penetration with a child is, despite the consent of the child to the commission of such an act, guilty of the offence of having committed an act of sexual penetration with a child.
The Act further stipulates that once the NDPP has authorised such prosecution both children must be charged with contravening the relevant section, hence one of the girls has been charged for contravening the provisions of the Act.
In all of this, the learners will be dealt with in accordance with the provisions of the Child Justice Act and the intention of the National Prosecuting Authority (NPA) is to have them diverted from the criminal justice system.
Their cases have been postponed to 16 September 2011 for offender assessment reports and victim impact reports which will inform a decision on how the matter is to be dealt with. They have been released on warning and some into the custody of their parents and guardians.
However we have noted with concern that this problem seems to be continuing unabated as we continue to receive similar cases and the common denominator is alcohol and unprotected sexual intercourse.
The NDPP is therefore making a clarion call to all members of the community including parents and teachers to monitor the behavioural trends of learners and children in general as the NPA cannot deal with this scourge alone.
