Cape Town - An independent report by an organisation monitoring court cases involving children has revealed that only 4% of over 5 000 child abuse cases resulted in convictions between 2019 and 2024, with more than 5000 withdrawn due to a lack of evidence or witnesses.
The shocking statistics were made available by the Teddy Bear Foundation, via its Court Preparation Programme.
The programme aims to support victims of child abuse through the criminal justice system.
The data has been made available as the country observes 16 Days of Activism against Gender-Based Violence, which runs from November 25 - December 10.
The report detailed that many children continue to suffer abuse despite legislative reforms intended to protect children, including the Children’s Act and the Criminal Law Amendment Act.
“Few cases lead to convictions. In 2019, for instance, UNICEF estimated that up to 50% of South African children experience some form of violence before they turn 18, with only a fraction of cases reported to law enforcement resulting in judicial closure.
“This gap between reported cases and judicial outcomes is a global issue; according to the World Health Organization (WHO), conviction rates in child abuse cases remain under 10% in many countries, illustrating the complexity of prosecuting child abuse offences.
“Conviction rates for sexual offences in South Africa remain low.
“Studies have shown that only about 6-7% of reported cases lead to convictions, reflecting challenges in evidence collection, the burden of proof, and systemic delays in court proceedings,” the report read.
According to the data, over 5385 child victims participating in the programme were reviewed from 2019 to 2024.
Of the cases reviewed, 21% involved physical abuse, and 46% involved sexual abuse.
Dr Shaheda Omar, Clinical Director at the Teddy Bear Foundation, said 15% of cases were cleared and others were acquitted.
“The current criminal justice system is failing our children,” said Omar.
“This report’s findings show that children in South Africa are far from receiving the justice they deserve.
“Conviction rates in child abuse cases remain alarmingly low, and we see countless children who bravely come forward only to have their cases languish or collapse due to systemic barriers”.
Earlier this year, the Western Cape Department of Police Oversight and
Community Safety’s Court Watching Briefs Unit reported that between October 2023 and December 2023, it monitored 265 cases at 10 courts, which has jurisdiction over 35 police stations across the province.
All 265 cases were struck off the court roll due to systemic inefficiencies in the police, their office stated.
Social Development MEC, Jaco Londt, said the number of reported cases of child neglect and abuse in the province has unfortunately continued to grow, resulting in more children in need of protection and placement in alternative care.
“In the 2023/24 financial year, 3489 children were placed in foster care, increasing the total number of active foster care cases in the province to 40043 by the end March 2024,” he said.
In response to the statistics, Siya Monakali of Ilitha Labantu, an organisation that advocates for the rights of women and children, called for reform within the criminal justice system.
“Children in South Africa face unimaginable horrors, with roughly 300 murdered annually and close to 3 000 surviving attempted murder, assault, and grievous bodily harm,”he said.
“The findings of the report underscore the urgent need for comprehensive reforms within the justice system to address its glaring inefficiencies.”
Cape Argus