Case highlights need for urgent reforms in the courts to protect children’s rights, says advocacy

The Women and Men Against Child Abuse Advocacy is reminding South Africans about the pre-sentencing in toddler murder and child abuse case taking place on Monday at the Gauteng High Court, Johannesburg.Photographer Ayanda Ndamane African news(ANA)

The Women and Men Against Child Abuse Advocacy is reminding South Africans about the pre-sentencing in toddler murder and child abuse case taking place on Monday at the Gauteng High Court, Johannesburg.Photographer Ayanda Ndamane African news(ANA)

Published Sep 15, 2024

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The Women and Men Against Child Abuse Advocacy is reminding South Africans about the pre-sentencing in toddler murder and child abuse case taking place on Monday at the Gauteng High Court, Johannesburg.

The team said the high court proceedings in the devastating child abuse and murder case of Baby B and her surviving brother, Little D is of paramount.

In June this year, the court found a couple guilty of the rape and murder of their three-year-old daughter and the abuse of their six-year-old son. The girl was removed from her parents when she was three, but was inexplicably placed back with them.

She died shortly afterwards in 2021. The mother, aged 29, was found guilty of murder and the father, 40, an accessory to the crime.

The couple also faced two charges of assault with intent to inflict grievous bodily harm (GBH) having allegedly poured boiling water on the boy. They also faced charges of child abuse for hitting the girl against a cupboard or wall and also hitting her with a hand and shoe and smearing her with faeces.

They allegedly assaulted the boy with an electrical cord and their hands, and smeared him with faeces. The parents faced charges of rape of their daughter and her murder in 2021.

The court acquitted the couple on the charge of assaulting the boy, because it could not be established whether the pouring of boiling water on the boy was intentional or an accident. On the abuse of the boy, the court found the father guilty and the mother guilty as accessory after the fact. The father was found guilty of child abuse of the girl and the mother guilty as an accessory after the fact.

Women and Men Against Child Abuse’s Luke Lamprecht said the organisation was pleased with the convictions handed down by judge Mokate Noko.

“We would also like to commend all of the State witnesses from the SAPS, the nurse, doctor, forensic pathologist and paramedic for their excellent evidence,” Lamprecht said.

He praised the bravery of the surviving child in giving evidence. The boy is now in state care.

“It is our mission to garner national attention, highlighting the shocking realities of systemic abuse and the fatal failures within the Child Protection system that nearly allowed the perpetrators to escape accountability.

“This pivotal case brings to light the critical need for reform in how severe child abuse cases are handled in South Africa,” said Lamprecht, who is a child protection specialist.

”The proceedings will not only address the brutal murder of Baby B but will also focus on children's rights, emphasising the importance of systemic change to protect vulnerable children in the future,” he said.

Lamprecht is scheduled to testify for the State in aggravation of sentence at the Johannesburg High Court.

His testimony will address the severe psychological and physical impacts of the horrific abuse endured by Baby B and Little D, and the long-term effects on survivors of child abuse.

“We also aim to bring crucial insight into the failures of the magistrates’ courts, which initially positioned this case as one of negligence rather than the deliberate murder it ultimately proved to be. The magistrates’ courts, due to resource constraints and lack of specialised training, released the parents on a warning — nearly allowing them to escape justice entirely.

“It was only when the case escalated to the high court that proper investigation, expert testimony and comprehensive examination of the evidence occurred, leading to the conviction of the perpetrators,” said Lamprecht.

The advocacy team said Lamprecht’s testimony will be key in ensuring the court fully understands the depth of the harm inflicted on these children and the systemic shortcomings that must be addressed.

It said the upcoming appearance presents an opportunity to: advocate for the establishment of specialised child abuse courts with trained personnel to handle these sensitive and complex cases.

“This emphasises the need for urgent reforms in the courts and in the child protection/welfare arena to protect children’s rights and ensure that no child’s suffering goes unnoticed or unpunished. Highlight the broader systemic issues in the South African criminal justice system, as seen in the public protector’s recent report on systemic inefficiencies in handling serious cases, further underlining the need for child-focused judicial reforms.

“(It puts) focus on failures and mismanagement of cases in the lower courts, and the inadequacies in their infrastructure and maintenance, causing children’s cases to be postponed for years,” said Lamprecht.

The advocacy team said it s also extending invitations to both the Department of Social Development and the National Prosecuting Authority to attend the proceedings, as these entities play a crucial role in addressing child abuse and ensuring justice for victims.

“This is not just about delivering justice to Baby B and Little D. The sentencing in this case holds significant importance for future victims of child abuse and murder, providing a lens into the broader failures of our justice system to safeguard vulnerable children.”