Mother seeks justice for children after estranged husband’s alleged domestic violence

A MOTHER of two, including a nonverbal autistic teenager, has turned to AfriForum’s Private Prosecution Unit in a bid to hold her estranged husband accountable for years of alleged domestic violence.

Barry Bateman, spokesperson for AfriForum’s Private Prosecution Unit said the man, a wealthy and influential owner of a private school on KwaZulu-Natal’s north coast, was not prosecuted because the National Prosecuting Authority (NPA) declined to pursue the case.

Neither the complainant nor the suspect is being identified to protect the identities of their children.

Bateman said that AfriForum has since requested a copy of the case docket to consider a private prosecution. Despite a formal request under the Promotion of Access to Information Act (PAIA), the SAPS failed to disclose the full contents, prompting the unit to file an appeal. The unit believes this failure may be an attempt to conceal what it calls the NPA’s “irrational decision” not to prosecute.

The man allegedly assaulted his wife and two sons on multiple occasions, including his autistic teenage son. On one occasion, the boy was beaten with a plastic pipe, leaving welts on his body.

The unit has also obtained disturbing recordings of one of the assaults, in which the mother can be heard pleading with her husband not to harm the child. Despite evidence including photos and medical reports, the state chose not to prosecute. The mother, through her lawyer, has filed formal complaints against the police for their handling of the matter.

After years of abuse, the mother says she made the difficult decision to leave her marriage, obtain a protection order, and file a criminal complaint to safeguard herself and her children.

“Both of my children suffer from learning difficulties and autism. My youngest boy is nonverbal, and the abuse from my husband made the behavior much worse. The safety of my children is my highest priority, and for that reason, I sought protection to keep us safe. My estranged husband is seen as a well-known man in the community by the different authorities."

"Throughout this period, we received no assistance from the authorities and justice department, and I feel very unsupported and unheard. I approached AfriForum, who kindly offered their assistance in helping me continue this fight."

"I am deeply grateful for their support and believe that with their help, the truth will come to light, and justice will be served. Not only for my children and me but for every vulnerable person who rely on the justice system daily,” she said.

Bateman said the case highlights how the state continues to fail the most vulnerable in society.

“During the recent 16 Days of Activism, the government and its law enforcement bodies committed to combating violence against women and children, as they do every year. But, everyone knows this will not be followed by action, nor will it reflect reality in police stations and courtrooms.

One of the reasons AfriForum’s Private Prosecution Unit was established was to ensure that everyone is treated equally under the law. The facts and evidence in a docket, not a suspect’s social or financial status, should be the deciding factors when considering a case."

"In this instance, it appears that the failure to prosecute this suspect, who presents himself publicly as a respectable educator and businessman, is an example of selective prosecution, and something the unit will not stand for,” Bateman said.

Once the full docket has been obtained and reviewed, AfriForum says it will decide whether to file a formal application for a nolle prosequi certificate, which would allow the unit to proceed with a private prosecution.

SUNDAY TRIBUNE