4. Investigation

Investigative failures by the South African Police Service were among the most common issues reported in surveys, as 85% of survivors cited police incompetence as a challenge to their pursuit of justice.

 

South African Police Services building in Bonnievale, Western Cape, South Africa. Jason Antonie.

One quarter of survivors never even received a case number, which means that they could not check on the status of their case as it progressed through court. The police often failed to find and arrest perpetrators, obtain witness statements, or follow up on forensic and medical evidence. Survivors shared how inadequate police staffing and resourcing prolonged their cases, risking their safety and wellbeing while the criminal justice process is ongoing.

62 % of women surveyed indicated that police did not show an interest in finalizing their cases

48 % reported that police did not interview witnesses

38 % said that the police were dismissive of their experience

The manner in which documents and evidence disappeared, the way in which the accused [was] connected to the police, including the detective responsible for my case, really disheartened me. I fought and waited for justice for three years, and justice never arrived […] the justice system failed me.

Survivor from Delft
The entrance to Mamre Township, Western Cape, South Africa. Lindsay Pick.

Survivor from Mamre

A 22-year-old woman from Mamre, who wished to remain anonymous, had several difficulties when reporting her story to the police in 2020. She said she had been sexually assaulted by the perpetrator, but police doubted her narrative. A detective asked her if she had said “no” to her rapist, or even whether she was sure that she did not “want it.” She was able to open a case and receive a case number, but the detective told her he would visit her perpetrator – who was in prison at the time – to ask him if he knew her.

She reported later receiving a message from the detective stating that the perpetrator denied knowing her, and because of his denial, the detective was “unsure as to how we are going to proceed with the case.” Shortly thereafter, the perpetrator was granted bail. She never heard from the detective again.

More than four years later, she is still waiting for justice. Her case ultimately went to trial but, just as she was about to take the stand, the perpetrator dismissed his fourth lawyer, further delaying the trial.

When I got to the police station, they laughed at me. I looked like a joke to them while I was standing with tears in front of them… When I got there, I told them I want to report a case because I am tired of all the abuse. I’m tired; my body can’t take it anymore… but then they told me that I must just give them a chance to finish off what they were busy with. However, while I was waiting, they asked if I wouldn’t rather want to do the protection order and leave the case, because the case will take long, and at the end possibly may end up a dead [end].

Survivor from Touwsrivier
The police station in Touwsrivier, Western Cape, South Africa. Jason Antonie.