NPA fails to prosecute top private school owner following assault on wife and autistic son
The abused and victimised mother of a nonverbal autistic teenager has turned to AfriForum’s Private Prosecution Unit to ensure that her husband, a wealthy and influential owner of a private school on KwaZulu-Natal’s north coast, is held accountable for years of domestic violence. The unit, which now represents the mother, has requested a copy of the case docket to consider a private prosecution after the National Prosecuting Authority (NPA) decided not to prosecute the case in September of last year. Neither the complainant nor the suspect are being identified to protect the identities of their children.
Despite a formal request for a copy of the docket under the Promotion of Access to Information Act (PAIA), the SAPS failed to disclose its entire contents, prompting the unit to file an appeal. This failure may be an attempt to conceal the NPA’s irrational decision not to prosecute.
The man allegedly assaulted his wife and two sons, including his nonverbal, autistic teenage son, on multiple occasions. On one such occasion, the nonverbal, autistic boy was beaten with a plastic pipe, leaving welts on his body. The unit has heard deeply disturbing recordings of one of the assaults, in which the woman is pleading with the father not to assault the child. Despite providing the police with this evidence, as well as photos and medical reports, the state chose not to prosecute. The woman, through her lawyer, filed formal complaints with the police for their poor handling of the matter.
The mother claims that after years of abuse, she made the difficult decision to leave her marriage, obtain a protection order against her husband, and file a criminal complaint against him in order to protect herself and their children. “Both of my children suffer from learning difficulties and autism. My youngest boy is non-verbal and the abuse from my husband made the behaviour much worse.
“The safety of my children is my highest priority and for that reason I sought protection to keep us safe. My estranged husband is seen as a well-known man in the community by the different authorities. Throughout this period, we received no assistance from the authorities and justice department and I feel very unsupported and unheard. I approached AfriForum who kindly offered their assistance in helping me continue this fight. I am deeply grateful for their support and believe that with their help the truth will come to light, and justice will be served. Not only for me and my children but for every vulnerable person who rely on the justice system daily,” she said.
Barry Bateman, spokesperson for the unit, says this is yet another example of the state failing the most vulnerable in society. “During the recent 16 Days of Activism, the government and its law enforcement bodies committed to combatting violence against women and children, as they do every year. But, everyone knows this will not be followed by action, nor will it reflect reality in police stations and courtrooms.
“One of the reasons AfriForum’s Private Prosecution Unit was established was to ensure that everyone is treated equally under the law. The facts and evidence in a docket, not a suspect’s social or financial status, should be the deciding factors when considering a case. In this instance, it appears that the failure to prosecute this suspect, who presents himself publicly as a respectable educator and businessman, is an example of selective prosecution, and something the unit will not stand for,” says Bateman.
Once the entire docket has been obtained and reviewed, the unit will decide whether to file a formal application for a nolle prosequi certificate.
