Justice for Unecebo Mboteni: A Call to Action on Human Rights Day

The National Prosecuting Authority (NPA) must urgently examine the docket handed over by the South African Police Service into three-year-old Unecebo Mboteni’s death and publicly announce whether it will go ahead with prosecution, Amnesty International South Africa said today.

More than a year has passed since Unecebo died after falling into a pit toilet at his pre-school in Mdantsane, Eastern Cape, yet his parents are still waiting for justice and for those responsible to be held accountable.

Amnesty International is advocating for justice for Unecebo as part of the organisation’s record-breaking Write for Rights campaign, which mobilises hundreds of thousands of people around the world to change the lives of individuals at risk through taking action.

In November the family was informed that the police had finalised their investigation and handed over the matter to the NPA to decide on prosecution. 

According to a statement issued by DA MP Baxolile "Bax" Nodada on the matter last year, the pre-school was privately run but it was funded and licensed by the government. In the statement he said he would submit a complaint to the South African Human Rights Commission and continue to pursue justice for the boy.

Amnesty International South Africa’s Executive Director, Shenilla Mohamed today said: “Time will tell whether the police investigation was thorough enough for the NPA to proceed and finally ensure accountability.” 

“We cannot allow the criminal justice system to fail Unecebo and his family, who deserve truth and justice. To this day, no one — including the Department of Basic Education (DBE) and the Little Champions Day Care Centre — has taken meaningful responsibility for this tragedy. Unecebo’s parents still do not even know whether the pit toilet in which he was found has been removed.”

Department of Basic Education's role

Amnesty International said that in 2022, the oversight of early childhood development (ECD) centres was moved to the DBE. As part of its new role, the department committed to developing infrastructure and resource norms and standards for ECD centres.

The global non-governmental organisation focusing on human rights is calling on the department to ensure the eradication of pit toilets at all ECD centres, including committing to not registering new centres which use pit toilets.  

The organisation's local chapter has launched a campaign for justice for Unecebo as part of its annual global Write for Rights campaign on International Human Rights Day, which was yesterday - December 10. 

Amnesty International said the campaign comes against the backdrop of the spread of authoritarian practices, climate collapse and the erosion of international law. It said this year’s campaign brings people together from around the world to fight for justice, dignity and a shared future, supporting those who are paying the price for defending human rights and speaking truth to power. 

 “Despite the stark challenges facing humanity, every year Amnesty witnesses countless people from all over the world coming together to demonstrate the importance of activism and the life-changing power of solidarity. Amongst others, this year’s Write for Rights campaign features people on the frontlines of the climate crisis, fighting to protect their communities from droughts, gas flares, development projects and pollution, who urgently need our collective support,” said  Mohamed.

“We have a choice to make at this critical moment in history: continue to let authoritarian practices erode our freedoms or resist together and stand up for human rights. By taking just a few minutes to write a letter, post on social media or sign a petition, anyone can help change the world and even save a life. Together we will prove that, even in the most adverse of circumstances, humanity can, must and will win out.”