In a powerful address at the unveiling of the KwaZulu-Natal Provincial Multi-Sectoral Strategy to curb child and teenage pregnancies, National Prosecuting Authority Acting Deputy Director of Public Prosecutions: Sexual Offences and Community Affairs Unit, KwaZulu-Natal, Advocate Omashani Naidoo, raised alarming concerns about the phenomenon of child pregnancy in South Africa and what the law says. 

“When we talk of termination of pregnancies, we’re looking at children as young as 9 years old. The child hasn’t had the opportunity to be a child. Now, she bears a child, and now she has a termination of pregnancy. That’s concerning,” Naidoo said. 

She said the country is doing a lot to address gender-based violence and femicide, and the strategy’s unveiling indicates strides made. 

She said the country also has comprehensive legislation that addresses child pregnancy and sexual offences against children. 

“Children under the age of 12 cannot consent to sex. Anybody having sex with you will be prosecuted for rape. Children under the age of 16 cannot consent to sex,” Naidoo said. 

She said this is statutory rape. 

Noting grooming, Naidoo said the groomer, the perpetrator, uses the vulnerability of wanting nice clothes, going to nice restaurants and eating nice food, and then rapes you. 

“These are offences in our law, and you will be prosecuted,” Naidoo said. 

On the duty to report, she said the law creates an obligation to report. 

“That’s on you and on me because if we do not report where we know that a child is being sexually abused as well as physically abused, then you and I, too, must be prosecuted. Why? Because we have a duty to report, the Sexual Offences and Related Matters Act says that loud and clear,” Naidoo said. 

“When we don’t report, we must be held accountable. We must face the might of the law.” 

Naidoo said parents, guardians and caregivers benefit from the sexual exploitation of children because it is good to have a nice car, pay school fees, have nice clothes and pay rent. Therefore, they do not report, and they get some favour or reward. Such parents, guardians, or caregivers should face prosecution for benefiting from the sexual exploitation of their children.

On where to report, Naidoo said: “We have Thuthuzela Care Centres, one-stop rape crisis centres. In the province, we have 10. Where you have a medical officer, you have a social worker, you have a prosecutor, you have a police official. All based at the Thuthuzela Care Centre. Your prosecutor is based in a nearby court, and your case is guided in terms of investigation,” Naidoo explained. 

“Report your cases at the Thuthuzela Care Centre. Also, understand that when you testify in court, you are protected. You don’t have to face your perpetrator; you testify in a separate room. Your information is also not disclosed in terms of the media because you are a child.”

Naidoo further explained that the National Register for Sex Offenders is there to protect you. 

Those employed to work with children, including educators and daycare staff, are legally required to disclose any previous sexual offence convictions. This is a mandatory obligation, and any failure to report such convictions places responsibility on both the employer and the prospective employee. This requirement demonstrates how legislators are actively working to protect individuals by ensuring that people who have access to safe environments, such as schools, do not have a history of sexual offences.

Naidoo said that in many instances, a person acquires HIV due to rape. 

“The law also says that I, as a prosecutor, will charge the offender for attempted murder,” Naidoo said. 

Naidoo said these laws protect victims of gender-based violence. 

“When addressing the concern of child pregnancy in the province, we must work together. So that we can change this narrative and the incidence of child pregnancy in the province, but we can’t do this alone,” Naidoo said.

thobeka.ngema@inl.co.za

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