Cape Town – A City of Cape Town staff member who previously had a charge of manufacturing pornography against him withdrawn due to a lack of evidence has been dismissed.
Claims at the time of the pornography case were that he had hidden cameras inside his children’s bathroom.
The current dismissal followed a charge of rape by his 14-year-old daughter, who was between the ages of six and seven when the alleged attacks took place.
Last week, Lisa Schickerling MP, DA deputy spokesperson on Police, said between 2018/2019 and December 31 2023, thousands of dockets were closed in the country, without result. These included rape (61 740) and sexual assault (5 523).
The 50-year-old man, who cannot be identified, made an appearance at the Mitchell’s Plain Magistrates’ Court on Thursday. He was granted R3 000 bail with strict conditions, including not to enter the suburb unless for court attendances.
The father of five was dismissed a month ago following an internal investigation by City management.
City of Cape Town’s spokesperson, Luthando Tyhalibongo, confirmed the end of his employment: “We can confirm that his employment was terminated on July 24, 2024, for the allegations mentioned.”
The child’s mother is also currently employed by the City.
The man’s former wife, who cannot be identified in order to protect the daughter, was supported by family and GBV activists and anti-rape organisations at the court. They handed over a letter to the State calling for him not to be granted parole.
But the State said the man, who had two previous convictions, that of theft and assault related to domestic violence, had not committed any other crimes relating to allegations of sexual misconduct in the period following 2017. He was granted bail.
He was warned to be back in court on November 6, 2024.
Via his affidavit handed into the court by his attorney, the man stated that he had fully cooperated with the police after handing himself over to detectives earlier this week.
The case of rape had been opened in June following the teenage daughter allegedly breaking her silence to her mother and a psychologist.
According to the State’s case before court, the teenager had been between the ages of six and seven-years-old when she was allegedly raped by her father, often finding that her underwear had been removed and found at the bottom of her ankles.
It was also revealed that he was still legally married to his daughter’s mother but that the marriage had been annulled Islamically and that he had remarried a year ago.
The two are in the process of a legal divorce.
He has two children from his former wife (teen’s mother) and three from his first marriage.
The teenage girl, who suffers from epileptic fits following the trauma that she suffered, has been seeking medical attention and treatment from a psychologist and is unable to attend school.
The child’s mother, whose other daughter is a 19-year-old girl, said the drama unfolded in 2022 when the girls claimed they were being filmed by their father after allegedly finding two cameras inside their bathroom.
“The older daughter saw photographs of herself on his cellphone,” she said.
“The time that the police wanted to take in his cellphone he claimed he had been hijacked.
“We found two cameras inside the bathroom and photographs of the cameras were shared with the police, but they failed us and I had to get my children to see a psychologist because they were so traumatised.
“He claimed he had placed the cameras there to check if the one daughter was on drugs,” according to the mother.
Police confirmed the case had been withdrawn due to a lack of evidence when queried by the Weekend Argus
“The incident you are referring to are now deemed to be closed and filed. The 48-year-old suspect was detained on 16 March, 2022 . The case docket was sent to the senior public prosecutor for a decision . The matter was withdrawn,” said Sergeant Joseph Swartbooi.
The mother revealed that the alleged “sickness of incest” spread across their family after her 16-year-old brother was also charged with raping the same victim, her 14-year-old daughter, when she was just nine-years-old.
The matter is currently running at court.
Swartbooi also confirmed the case: “Kindly be advised that the circumstances surrounding the incident cited below are still under investigation.
“This office will not divulge any information owing to the fact that we are dealing with minors.
“The matter has been remanded to September 20.”
In another twist and revelation, the mother revealed she had married her husband when she was just a teenager following withdrawing a case of rape against him – and would not let her children suffer for breaking their silence.
“I will not stop for justice for my children,” she said.
“I am disappointed in Mitchells Plain Police’s detectives, who have been insensitive in handling these cases.”
But the man’s older children, who spoke with the Weekend Argus outside court, said they did not believe their father was capable of rape now and back then.
They said they heard of the allegations that he had been accused of rape in 2005: “She was 16 and my father was married to my mother and I got so traumatised, I could not keep it in anymore and (spoke about) what was happening; that they were seeing one another.
“She claimed my father raped her. Why would you then marry your rapist and have two children with him? We were shocked when this case came up, as well as the one of two years ago (involving) the cameras.
“My father said he did not know anything about the cameras.
“My father would never rape our sister (the 14-year-old). She is a daddy’s girl.
“If he did do this, then we would not stand by him.”
Barbara Rass, from the Atlantis Woman’s Movement and founder of House of Healing Shelter in Atlantis, who advocates against the abuse of women and children, said the sickness of incest had to end in our communities: “It is pure evil and it leaves a psycological scar.
“People want to criticise the victims on why they are only coming forward now but these crimes need to be condemned.
“This is a hidden crime in our families which families hide for decades and here is an example of it.”
Siya Monakalii, of Ilitha Labantu, said the continuous actions of custodians of the law who withdraw cases without doing a proper investigations, dealt a secondary blow to victims.
“We unequivocally condemn these acts as deeply troubling and inexcusable,” he said.
The decision to withdraw the case represents a major failure to deliver justice and leaves the survivor and her family without the resolution they urgently need.
“It is critical that the legal system thoroughly addresses such grave charges and provides transparency in handling cases of this nature. The withdrawal of this case denies the child her right to seek justice and undermines the confidence the community places in the justice system.
“We call for a comprehensive review of the circumstances surrounding the handling of this case to ensure that justice is served. The survivor deserves support, and the public deserves clarity and accountability.”
The case comes just after the Western Cape Ministers of Social Development, and Health and Wellness opened a Thuthuzela Care Centre (TCC) in Mitchell’s Plain.
Weekend Argus also approached Children's Commissioner, Chistina Nomdo’s office for comment on the matter but she did not respond.