Serious concern is rising about the violation of children’s rights by elements in the SAPS, while at the same time the increase in the number of juvenile offenders is a similar cause of alarm.

The public has been waiting in vain for any news about disciplinary action against police officials implicated in serious violations of children’s rights.

The death in detention in the Mara SAPS cells of a 16-year-old male on July 30 this year, triggered a chain of events which cast serious doubts about the gravity attached to children’s rights by elements in the SAPS. At the same time the effectiveness of the safety precautions at police cells are up for serious scrutiny.

One of the suspects brought to court in Makhado after the alleged murder in the Mara police cells, was a 15-year-old male from Zimbabwe. This 15-year-old was initially arrested on a minor charge of theft of diesel from a vehicle on July 21 this year. When he appeared later that month on this minor charge, the court directed the police to move him to the Waterval youth detention facility. The court expressed surprise when the same child was brought before it in October on a new and serious charge from the Mara SAPS cells where he was detained amongst adults awaiting trial on serious and violent crimes.

He was only moved to Waterval on October 8, after his appearance on the serious charge of murder, and after having been kept in the Mara police cells for 79 days, in total defiance of the official instructions about the detention of minors and in contravention of the explicit principles enshrined in the South African Constitution.

No action has as yet been taken against any of the offenders at Mara SAPS.

On September 19, a 17-year-old girl from Thohoyandou was brought to court in Makhado after spending the entire weekend in the Makhado SAPS cells on a charge of shoplifting. The charge was rejected when the juvenile appeared in court without a guardian (parent or welfare official).

On enquiry the Area Communications Office in Thohoyandou this week denied that the magistrates’ court in Makhado at any stage directed the police to move the 15-year old to Waterval. Supt Alwei Mushavanamadi said anyone who alleges that such a directive was ever given to the police, is a liar.

On the detention of the 17-year old girl from Thohoyandou without involving her parents or a welfare official, he said the girl told the police that she was 24-years old. He could not explain how the docket, compiled by the very same officials and which authorised her detention, carried her correct age of 17. There is no indication of any pending action against the police at Makhado.

When enquiries were made by the media about the alleged sodomising of a minor in SAPS cells at Bandelierkop, the official communication services initially denied any knowledge of such an incident. When the number of the case, opened on September 23 this year, was quoted to the service, Supt. Mushavanamadi confirmed that an investigation is conducted into a charge brought by a 19-year-old male inmate of the police cells at Bandelierkop against a 20-year-old inmate of the same cells. No explanation was given why the investigating officer in the case is a member of the Child Protection Unit.

Against the backdrop of these serious crimes committed within the police cells, the Communication and Liaison Services was asked about the accepted practice regarding the arrest and detention of minors and what steps the public can expect from the Police authorities to assure that childrens’ rights and those of their parents will at all times be treated with appropriate respect by police officials. The service was also asked what provisions are in place to ensure the personal safety of detainees in the cells - especially overnight, and whether there is a satisfactory system of all-night monitoring of conditions in the cells to enable police officials to react timeously and appropriately to any emergency like fire, asthma- or heart attack or violence which might threaten the life or safety of detainees.

Supt Mushavanamadi replied that there is nothing wrong with the treatment in the police cells. The issue of detaining people on minor offences has been highlighted to all members and it is no longer a practice in the area.

Concerning the safety of people detained overnight in the cells, he said their safety is guaranteed because the cells are visited as prescribed (hourly). He said the detaining of under aged children on minor offences is not allowed by the constitution of the country and it is known by all members of the service.

Regarding the fact that the police at Mara obviously ignored this knowledge, he said that an internal investigation will be conducted into the matter. He could not say when this will commence or what disciplinary action could be expected against people who so recklessly ignore the rights of children. He indicated that a complete statement on that aspect will be forthcoming at an unspecified date.