Gauteng woman's battle for justice: Missing case docket complicates sexual abuse case

In a heart-wrenching plea for justice, a 56-year-old woman from Gauteng has bravely come forward to share her harrowing experience as a victim of historic sexual abuse.

After enduring years of trauma at the hands of her stepfather, who adopted her at the tender age of seven, she now finds herself grappling with a broken justice system that has seemingly failed her at every turn.

With her case docket reportedly lost, the woman faces the agonising reality that time may run out for her stepfather's accountability.  

“It has been such a mission to get the case anywhere. The case was officially opened in December 2022. Since April 2024, the docket has been with the prosecutor, but despite repeated attempts to obtain updates, the only response I receive is that the prosecutor is ‘very busy and will get to it when she can’. I receive no proactive communication from the police and only receive minimal feedback when I phone to follow up myself,” the woman said.

This week, in yet another attempt to get updates on the case, the woman said she visited Kempton Park Magistrate’s Court, where they searched for her docket but did not find anything. 

“From there, we went to Tembisa (police station) FCS, and spoke to the commander. The prosecutor was given the docket to look at without any registers being signed. It appears that it may have been misplaced. (Police) are redoing my docket. Fortunately, my original statement had been scanned into the system. They have promised that they will do it as quickly as possible,” said the complainant.

According to the woman, since 2022, the investigating officer had to get statements from three witnesses, but would now have to re-interview and gather that information again. 

“The alleged perpetrator is currently 86 years old. Given his advanced age and the repeated delays, I am deeply concerned that time is running out for accountability and justice to be served,” she said.

The complainant said she has suffered post-traumatic stress disorder, and over the years, it has affected her emotionally. Earlier this month, the complainant said she dreaded the thought of having to go through the whole process again if they had not found her docket. 

“I am so frustrated with the entire system. I am a victim and have already lived through the trauma of what was done to me. The entire process of trying to take myself back and find closure has been just as traumatic. Our justice system is broken,” she said.

Following up with Gauteng police with the complainant’s case number, police spokesperson, Lieutenant Colonel Mavela Masondo, said: “Police can confirm that a case of rape was opened and the investigation was conducted and concluded by Family Violence, Child Protection and Sexual Offences Unit. The docket was then taken to court for a decision.”

National Prosecution Authority spokesperson, Phindi Mjonondwane, said the docket in question was with the SAPS. 

“The docket would have been presented at the Kempton Park Magistrate's Court, not at the Director of Public Prosecution (DPP) office. The NPA at the lower courts deals with these matters, and they only get escalated to the DPP office when there are representations or if there's a recommendation that a case be tried in the High Court.

“The NPA can only decide on a matter once a docket is presented to our office, in this instance, Kempton Park Magistrate's Court. The prosecutors there confirmed that they have no such docket. The senior public prosecutor has met with the husband of the complainant and explained this process. SAPS, as custodians of dockets, can be of assistance,” said Mjonondwane. 

chevon.booysen@inl.co.za