Outstanding DNA results are hampering a rape victim’s right to a speedy trial, three years after the incident allegedly occurred in a military training unit at the South African Air Force Base in Hoedspruit, Limpopo.
Her parents, who are yearning for justice, said the case, which was marred by delays, became "such a headache" that they were left with no other choice than to rope in the assistance of a former senior military judge and the civil rights lobby group Action Society.
They’re acting as a watchdog in the probe of the alleged rape which took place in 2020.
The mother of the victim, who is not being named to protect her identity, said the police failed her daughter and the family in their quest for justice.
In February 2020, their daughter, who was 24-years-old at the time, had a course on Aviation Ground Protection at the base.
Weekend Argus understands that she was hanging out with a few other course members and started feeling drowsy and couldn’t understand why.
A male colleague then allegedly offered to help her and said she must rest a little while on his bed. She then passed out and was allegedly raped by a South African Air Force member.
This incident was apparently witnessed and egged on by his colleagues.
The culprit was arrested and has appeared several times in the Lenyenye Magistrate's Court.
DNA samples were taken from both the victim and the alleged rapist, but the results are still outstanding.
The mother told Weekend Argus that the delay with the DNA tests is delaying justice.
“DNA samples were taken of both the perpetrator and my daughter three years ago, but still no results were received. Apparently DNA samples of the other members mentioned in my daughter’s statement are needed for further investigation.
“The commander of the SAPS FCS (Family Violence, Child Protection and Sexual Offences Unit) in Phalaborwa said to our private investigator that they are unable to obtain these samples due to no transport being available to get to the Air Force members of relevance who are based in Pretoria and Bloemfontein,” she said.
The mum said shortly after the incident, her daughter was neither tested for HIV/Aids nor placed on preventive medication. She and her husband had to step in to arrange for the test and medication.
Retired senior military judge, Colonel Brian Plaatjies, who is a lawyer, is assisting in the case.
In May 2021, Plaatjies said in a letter to the Air Force's Transformation Management Directorate that the case has been removed from the roll, pending the DNA test results, but that the case will be immediately transferred back, as soon as the results become available.
Action Society’s Ian Cameron confirmed to Weekend Argus that the family asked his organisation for help.
“It’s horrific to think that young people aren’t even safe in a public place like the air force ... that female members are not safe there really raises so many questions about the integrity of our security services in the country, whether it’s military or police. We need to have this fully investigated and for the law to take its course.
“It can never be that someone who works in the security sector and who is meant to serve the country and keep the country safe is part of such an offence,” said Cameron.
The victim has since been transferred to another unit of the Air Force.
According to her mother, they asked for the help of the Minister of Defence Thandi Modise.
“We informed her of the employment irregularities, how we were treated on arrival at Hoedspruit Gymnasium, how our daughter was bullied and victimised by her colleagues as well as training personnel.
“We also informed her how senior officers tried to get rid of her and prevented her from going on courses. Thandi promised to look into the matter,” said the mother, adding that it’s almost a year later and they haven’t heard anything.
Modise told Weekend Argus that the matter was handled by the Department of Defence and she also confirmed meeting with the family.
“I really have no wish to entertain sensation because there’s pain in this matter. I am also aware you have the family’s side,“ said Modise.
“I met with the family after engaging them via text. This matter occurred before I was appointed minister of the department. We are still awaiting the outcome of the semen tests.
“I can also confirm that the suspect has been suspended and that I, just like the family, want justice to be served. I have been told that it was a multiple rape, but investigations are still ongoing,” she Modise.
The mother said her daughter also had to endure victimisation and bullying. Her hair was cut while she was sleeping and her clothes urinated on.
“She had to submit a watered down statement and was removed from the course,” she said.
The private investigation officer took an additional statement from the victim and sent it to the prosecutor who handed it over to the SAPS investigation officer. She also had a meeting with the investigating officer.
Police Minister Bheki Cele on Friday said the DNA backlog was being cleared.
“The SAPS have cleared its historic DNA backlog ... the DNA backlog which was at over 241 000 is now at 1 600. This is a 99.3% reduction. We’ve completed the building of a laboratory in the Eastern Cape,” said Cele.