Court orders return of children to care facility accused of racism, abuse

The controversial youth care facility which is at the centre of racism and physical abuse allegations has won the first round in a legal challenge to have almost 200 children removed from their care, returned.

On Wednesday, the KwaZulu-Natal (KZN) Christian Social Services, which oversees child-care facility Morester turned to the Pietermaritzburg high court to order the KZN department of social development to return 197 children.

Last week department officials, accompanied by policemen, arrived at Morester Children's Home in Ladysmith, Morester Children's Home in Newcastle and Home Meah in Newcastle on Friday.

The department confirmed that social workers had removed 146 children from the Ladysmith site, 33 from Morester in Newcastle and 18 from Home Meah in Newcastle. The children have been placed in government-owned child and youth care centres as well as care centres funded by the state.

KZN MEC Weziwe Thusi said in a statement that the children had been removed following allegations of physical, verbal and emotional abuse as well as racism, including the use of the offensive K-word against both African children and members of staff.

She ordered a high-level investigation into the allegations of widespread violations of the Children's Act at the Morester Child and Youth Care Centre in Ladysmith after a preliminary investigation showed some staff members had a case to answer.

The faith-based organisation was granted a temporary interdict on Wednesday afternoon which ordered the department to return the children to the children's homes within 36 hours of the ruling.

It also ruled that the department should finalise an investigation into allegations of racism and abuse before March 18, without traumatising the children.

Gerhard Botha, the CEO of KZN Christian Social Services, told TimesLIVE on Thursday that while none of the children were back at the facilities, they had received confirmation that they were on their way back.

"The department has until 3.30am on Friday to comply with the ruling," he added.

"I am much happier than I was for the past few days, but I will most happy when the children are home," Botha said.

Botha said they were willing to co-operate fully with an investigation into the allegations but this could have been done without the "dramatic and traumatic" removal of the children.

Department's spokesperson Ncumisa Ndelu said they were waiting for the written order of the court before they could comment further or take action.