Parliament, Wednesday, 5 November 2025 – The Portfolio Committee on Women Youth and Persons with Disabilities has concluded the first phase of stakeholder engagements, which began in Gauteng and finished in East London.

The stakeholder engagement is a joint effort with the portfolio committees on Health; Social Development; Police; and Justice, with the Portfolio Committee on Women, Youth and Persons with Disabilities designated as the lead committee.

During the stakeholder engagement, the committees received presentations from the provincial departments of Social Development, Basic Education, Health, the South African Police Service (SAPS), the National Prosecuting Authority (NPA) and non-governmental organisations (NGOs) supporting child victims and survivors of gender-based violence and statutory rape.

At the start of the enquiry, committee Chairperson Ms Liezl van der Merwe gave some background to Parliament’s engagement with stakeholders to probe the statutory rape of young girls. She said on 22 July 2025, the National Assembly passed a motion calling on several portfolio committees to address the crisis of statutory rape, which was first tabled before the NA in August 2024.

The National Assembly has mandated the development of a joint public participation programme involving the portfolio committees listed above, aimed at gathering submissions, reviewing existing legislation and recommending amendments to enforce mandatory reporting of statutory rape by educators and healthcare workers. The report is expected to be tabled before the NA by the end of November 2025.

Ms van der Merwe stressed that the purpose of the engagement is to establish the prevalence of statutory rape and identify challenges related to the accuracy, availability and reliability of statistics.

Presentations from the stakeholders revealed significant similarities in Gauteng and the Eastern Cape. Stakeholders said there is a persistent lack of collaboration among government departments, particularly in the social development and justice clusters (NPA and SAPS), non-compliance with the Children’s Act, and failures to report cases on the part of those legally tasked with reporting cases when educators and nurses come across them. The MECs from provincial departments of Social Development from both provinces criticised the severe shortage of social workers, which prevents work being done effectively.

The Eastern Cape is reported to have one of the highest rates of rape in the country, which is compounded by practices like ukuthwala, where young girls are forced into marriage without consent. The committee expressed concern about the statistics and testimonies received during the sessions, highlighting the need for improved interdepartmental cooperation to protect children and effectively address cases of statutory rape.

Throughout the hearings, stakeholders, including the SAPS, NPA, NGOs and community representatives, emphasised the urgent need for comprehensive training for police officers and social workers to ensure compliance with the Children’s Act and improve understanding of statutory rape laws and proper methods of reporting such cases. Ms van der Merwe cited an example where a teacher was told to return with a parent to report a statutory rape case, which is a clear violation of the law.

The committee also noted concerning statistics from the SAPS in East London, which reported only 33 cases of statutory rape for the financial year, which contradicts the prevalence of teenage pregnancies and sexual violence against minors. “It is unacceptable that the reported numbers do not reflect the reality on the ground,” Ms van der Merwe stated.

In response to the issue of case withdrawals, the NPA acknowledged that many victims retract their statements due to family pressure or stigma, highlighting the need for better support systems that empower victims to pursue justice without fear. The committee reiterated the need for clear referral pathways to facilitate immediate reporting by educators when a victim of statutory rape is identified.

The lack of awareness among teachers and nurses regarding their legal obligation to report cases of statutory rape is concerning. The committee stressed that educators and healthcare workers must understand that failing to report such cases is a criminal offense.

The committee heard how the backlog in DNA testing and forensic evidence processing delays justice for victims. SAPS said this backlog hampers progress in investigations.

The committee welcomed the fact that young boys in crisis were also highlighted during the hearings. Members said when recommendations are crafted and sent to the National Assembly, a recommendation needs to be made broaden the scope of the stakeholder engagement.

On the issue of the critical shortage of social workers, Ms van der Merwe said that despite government’s investment in training social workers, 6 000 to 8 000 remain unemployed, raising questions about the lack of progress since a Cabinet resolution of 2018, to absorb these workers into the system.

The committee focused on the plight of learners with special needs, expressing concern that many stakeholders failed to reference necessary interventions or statistics related to this vulnerable group. The committee urged the relevant departments to provide data on reported rape cases in special needs schools.

Regarding the responsibility for reporting abuse, the committee reaffirmed that the Children Act 38 of 2005, section 110, subsection 1, mandates various professionals, including social workers to report suspected abuse to designated child protection organisations or police officials. The state has a duty to protect children when parents fail ,with committee members asserting that the state must also act decisively in cases of child abuse.

The committee expressed concern about the troubling notion that parents might receive compensation for their children’s abuse, advocating for the criminalisation of such practices to protect children effectively. Furthermore, members highlighted the importance of the Commission for Gender Equality (CGE) to actively defend its recommendations and hold relevant departments accountable for inaction.

The House of Traditional Leaders in its presentation described the challenges faced by rural communities: poverty, limited legal awareness and scarce police stations in villages. They informed the committee about cultural practices that promote sexual education for boys and girls. Inkciyo encourages virginity testing for both girls and boys. The committee expressed appreciation for traditional leaders who raised crucial issues about the lack of support for their work, especially in rural areas.

The committee concluded by stressing the importance of language when discussing sexual violence, advocating for inclusive and dignified terminology that acknowledges the experiences of all individuals, regardless of their circumstances.

ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON WOMEN, YOUTH AND PERSONS WITH DISABILITIES, MS LIEZL VAN DER MERWE. 

For media inquiries or interviews with the Chairperson, please contact the committee’s Media Officer:

Name: Yoliswa Landu (Ms)
Cell: 081 497 4694
E-mail: ylandu@parliament.gov.za