AfriForum’s Private Prosecution Unit takes up fight for Bergview College caretaker

Soundbite: Barry Bateman (English)

Soundbite: Barry Bateman (Afrikaans)

The far-reaching consequences of the false allegations of rape levelled against staff at Bergview College in Matatiele became more evident during a meeting that AfriForum’s Private Prosecution Unit had with the school’s caretaker this week. The caretaker approached the unit, which now represents him, for help because he and his family are effectively held captive in their home due to relentless threats. His identity, as well as that of his family, is being withheld for safety reasons.

These threats follow an alleged rape of a child at this school in the Eastern Cape in October last year. The caretaker, like the school’s principal, Jaco Pieterse, has been targeted by social media detectives as either responsible for or complicit in the alleged offence despite there being no evidence against them.

The unit is now helping Pieterse prepare criminal cases against several prominent individuals who branded him as a rapist. Last month, after the unit warned Police Minister, Senzo Mchunu, of the criminal consequences of his statements in which he identified Pieterse as a suspect even though he was never considered as such, the Minister apologised to Pieterse.

Barry Bateman, the unit’s Spokesperson, says although the caretaker was also requested to provide a DNA sample, it now also appears that the police may not have even considered him a suspect. “It is our understanding that besides being asked to provide the DNA sample, the police have not asked him for an affidavit or a warning statement. This only further confirms our suspicion that if there was a rape, it did not happen at the school.”

It has been a month since the National Police Commissioner, General Fannie Masemola, addressed the Portfolio Committee on Police and said that in November of last year a senior public prosecutor decided not to prosecute the case due to insufficient evidence. He further stated that no foreign DNA was found on the child or her clothing and that the J88 medico-legal examination was inconclusive. This raises questions about the South African Police Service’s (SAPS) seemingly irrational decision to obtain a buccal sample from any person when there were no DNA analysis results to compare it to.

The caretaker says it came as a complete shock to him when he was told that the child had allegedly been raped at the school but trusted that the police would properly investigate the case. “I was not sure what to say, but I felt the truth would set me free, and this thing will come out eventually. I wasn’t thinking that it would take this long because I know that I’m innocent and nothing happened at school. There were three teachers and the other cleaning lady at the school as well. How are they not going to hear what is happening?” he asked.

The caretaker said he provided his DNA sample because he wanted to clear his name. He wept when he was informed that no foreign DNA was found on the child or her clothing. “But why did they take the DNA samples? Why was I allowed to suffer?”

Adv. Gerrie Nel, Head of the unit, has again written to the SAPS, arguing that their failure to complete the investigation and announce the findings only serves to prolong the prejudice suffered by all those falsely accused of the alleged offence. “The police have a duty to ensure that everyone’s constitutional right to dignity is respected and protected. More so when the police hold the key to putting an end to ongoing violations against innocent people who have been falsely accused of heinous crimes and publicly vilified, allowing them to return to their jobs and communities confident that they have been vindicated.

“Importantly, the police have a duty to protect children, the most vulnerable in society. For seven months a child has been the subject of social media gossip and speculation, with her identity and intimate details of injuries to her body widely circulated. The genie cannot be put back in the bottle, but the ongoing damage can be mitigated. If not for the caretaker and Mr Pieterse, kindly consider the principle of ‘the best interests of the child’ and make her the deciding factor in bringing this sordid spectacle to a close,” said Nel.

The unit has urged the police to urgently and publicly clarify the facts in this case to put an end to the endless media speculation.