The annual 16 Days of Activism against Gender-Based Violence campaign ended this week, but for many women in rural areas, it amounts to little more than window dressing, with empty promises abounding. Many feel that the law does not protect them and that they are left vulnerable to ruthless rapists and violent criminals.
Limpopo Mirror spoke to a middle-aged woman from Ngwenani last week. She has been a victim of rape twice in less than five years. In both cases, the system appears to have failed her.
When Ms Irene Ndou* moved to Ngwenani in 2004, it was a relatively calm and peaceful area. While incidents of burglary and theft were reported, she was not directly affected. She lived alone in her two-roomed house until the night of 29 February 2020.
In the middle of the night, an intruder broke into her home, using a spade to force open the door. The assailant, later identified as a 21-year-old man from the same village, threatened to kill her if she made a sound.
The young man raped her and shockingly remained in her home afterward, falling asleep in her bed. This gave her the opportunity to escape and alert a neighbour. Upon returning with the neighbour, they found the attacker still asleep. The neighbour used a spade to scare off the rapist.
The following morning, Ndou reported the incident to the royal kraal before heading to the Thohoyandou police station to open a case. She was referred to a trauma centre, where she was examined by a doctor and gave a statement to the police officer.
The suspect was arrested on 6 March 2020, and Ndou hoped he would face justice. However, what followed were years of delays, threats, and frustration.
It was not until 24 August 2023, nearly 4 years after the assault, that the suspect made his first regional court appearance. In the interim, he had been imprisoned for other crimes. He repeatedly sought to have the rape case postponed until he had completed those sentences.
In July 2024, he was released. Soon after, Ndou said he contacted her, and threatened to kill her. He also boasted about his criminal record, claiming he was untouchable and could not be kept in prison.
Ndou laid a charge of intimidation, but he was not immediately arrested. Days later, a senior SAPS officer had to be informed before any action was taken. He was subsequently arrested but released on bail a few days later.
On Tuesday, 10 December 2024, the rape case was on the court role for the 23rd time in the Sibasa Regional Court. Once again, the case was remanded, this time to 11 February – almost exactly five years after the assault. The accused remained in custody after this appearance, but Ndou fears that he will again be released.
Tragically, Ndou endured a second rape in 2022 when another intruder broke into her house at night. This attacker strangled and sexually assaulted her. Ndou prayed aloud while the man raped her.
"He had a lot of condoms. He would wear one and hold another in his hand," she said. The attacker was disturbingly casual about his actions, telling her he planned to leave at 6 a.m.
"I told him, if you're going to leave in the morning, go and close the entrance you used to come in," she recalled. The rapist left through the window and did not return. He remains at large, leaving Ndou living in fear. "I don't feel safe here anymore," she said. "These men are out there, and I live in constant fear for my life."
Ndou has called on the police and community leaders to take stronger action to ensure her safety and bring the perpetrators to justice.
Fiona Makondelele Nicholson, an advocate for gender-based violence survivors, said Ndou's story was not unique and reflected the experiences of many rape survivors. Nicholson, founder of the Thohoyandou Victim Empowerment Programme and head of PracSol NPC, has been actively supporting Ndou. "When her case first went to court in August 2023, three-and-a-half years after the assault, the suspect appeared in prison garb and ankle chains. He kept claiming to be too sick to stand trial and argued that the rape case should only proceed after he had completed his current sentence," Nicholson said.
She added that after his release, the accused continued to intimidate Ndou. "In July this year, he followed her down the road, threatening to kill her. She ran into a stranger's house, but he followed her inside and repeated the threats in front of witnesses. She opened a case the same day, but the police did not arrest him," Nicholson said.
The Family Violence, Child Protection and Sexual Offences (FCS) unit said they could not act because intimidation fell under a different section.
Nicholson's intervention led to the suspect's eventual arrest after she had consulted a senior SAPS officer. She also insisted that the rape and intimidation cases be linked. "The Regional Court in Sibasa said the cases should be linked, but four months later, they still have not done so. The magistrate hearing the rape case will not know he threatened to kill her," Nicholson said.
The mishandling of the case has resulted in 24 postponements. "The last time her case was in court, during the 16 Days of Activism, we sat through three hours of speeches. By the time they finished, it was too late to proceed with her case," Nicholson lamented.
She also criticised the police for failing to follow standard operating procedures. "Eight days after the rape, a friend of hers contacted me to say the police had not collected the semen-stained sheets she told them about. I intervened, and prints were eventually taken 12 days after the rape. They never matched the fingerprints. The second rapist was identified through DNA in February, but he was never arrested. I intervened again, and they finally issued a warrant of arrest last month, but when they couldn't find him, they closed the docket," she said.
Nicholson called for national reforms, stating: "The truth is, all they have to do is follow their standard operating procedures, which they consistently fail to do. This is not just a Limpopo problem; it is a national issue."
*Not her real name