Rape claims against my late son not handled well – mom

The mother of a pupil who committed suicide following allegations of rape accused the principal of violating her son’s rights when dealing with the matter.

The mother, who is represented by law firm Lawtons Africa, alleges that Hoërskool Kriel in Mpumalanga contravened the education department’s school protocol by failing to immediately notify her when her son was accused of raping his 15-year-old school mate.

Sarah Goldman, the head of pro bono and citizenship at Lawtons Africa said the school also stripped the teen his dignity by taking away his academic achievements and accolades following the allegations. The lawyers want “appropriate disciplinary action [to] be taken against all individuals within” the Mpumalanga-based school who failed to comply with schools protocol when dealing with the rape allegation.

Goldman in a letter of demand also alleges that the school did not follow the mandatory procedures and protections set out in the Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools.

The family wants the Mpumalanga department of education to investigate the conduct of Hoërskool Kriel and the disciplinary action to be taken against all individuals within the school involved who failed to comply with the protocol of dealing with a pupil accused of rape.

The lawyers allege that as soon as the principal became aware of the rape allegations against the accused 17-year-old boy, who died in November, the principal should have notified failed to immediately contact his mother Sarah Thembani Sihlali.

The principal is also accused of failing to write a letter to Sihlali within 24 hours of the allegations being made. The principal is also accused of failing to suspend the boy for a period of seven days as well convene a tribunal hearing within 72 hours.

Lawtons said the school met with and confronted the accused outside a tribunal hearing, denying him the right to an internal representative and the right to a support from a person of his choice as per the protocol.

“During this unauthorised confrontation, the school unilaterally elected to strip Bafana of his badges without having the authority to do so ... This conduct constitutes a form of humiliation.”

The law firm also wants the department to issue a public apology for noncompliance with the protocol.

This is the first time a formal complaint has been laid against the school after the department of education investigated and on November 28 released a report around the circumstances surrounding the accused’s death.

The department of education’s report found that the accused was called into an inquiry by the school to establish his side of the story. The deputy principal was tasked with inviting and notifying his parents about the rape allegations.

“The educator concerned comforted, counselled and assured him that he would assist him in writing his statement, though he was busy with the grade 12 examination as the appointed deputy chief invigilator,” it said.

The report also found that there was sexual intercourse between the two pupils on November 1.

“The school provided necessary lay counselling to [the accused] and advised that the allegations against him were of a serious nature and his parents must be accordingly notified,” read the report findings.

He apparently committed suicide when the educator and the deputy principal left him in the classroom as they had to attend to exam-related matters. “When the educators returned within 15 to 20 minutes, he [sic] made the gruesome discovery and hysterically shouted for help.”

Goldman said at this stage they didn’t have an instruction to litigate against the department.

“We currently hold instruction to engage with the Mpumalanga department of education with a view to securing the demands set out in the correspondence. In the event that no response is received, we will engage with our client to consider the options available,” said Goldman.

Department of education spokesperson Jasper Zwane said the department has received a letter of demands and is seeking legal advice.

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