Cape Town - The aunt of a 13-year-old girl says her mother refuses to lay charges against her alleged 49-year-old lover and landlord.
The teen, her mother, 42, and the landlord have all rubbished the claims.
But on Thursday police confirmed to the Daily Voice the mother had retracted her statement incriminating the landlord.
Police spokesperson Captain Frederick van Wyk says the girl refused to be examined by doctors at Karl Bremmer hospital.
Van Wyk says: “The mother who made the allegations retracted her statement incriminating him.
“The suspect has not been arrested yet and was interviewed. The victim refused to undergo a medical examination which complicates matters and no sufficient grounds for a criminal case could be gathered. The matter was referred to the justice department for a final decision.”
Residents and family told the Daily Voice the girl has been “involved” with the man for several months.
The aunt says: “[The mother] is the one who told us about them, now she is denying everything.”
The angry aunt says on Friday the mother and daughter went to see a doctor to prove the sexual relationship.
But she says the landlord intervened and convinced them not to go.
“When they got here on Friday she got out of the car with a fish and chips parcel,” says the aunt.
“Sy verkoop haar kind se g@t vir vriete en blyplek.” (she sells her child for food and a place to stay)
Relatives and a police source told the Daily Voice the mother admitted that she once caught the man in bed with her teen child.
The Daily Voice is in possession of a phone recording where the mom confronts her daughter about the relationship.
The girl is first heard asking her mom who has given her information about her alleged lover, to which the mom says: “Ek het die goed gesien.” (I saw it)
The girl then says: “Mammie weet ek is nie ’n virgin nie.” (Mom, you know I am not a virgin)
Her ma responds: “Jy het mos vir (social worker) gesê en jy slaap mos met (landlord).” (You told the social worker, and you are sleeping with the landlord)
The child then tells her mom she should “play a game” to fool the authorities, despite her mom adding that “everyone” already knows.
The girl responds: “Hulle weet dit maar hulle het nie gesien nie, hulle het nie evidence nie.” (They know, but they have not seen anything, they have no evidence)
She then tells her mom to withdraw any statements against her alleged partner.
When the Daily Voice spoke to the mother she denied all knowledge of the recording, saying: “I didn’t asked her anything like that.”
She then changed her tune to say: “I was on medication that day, I am very sick.”
She then confirmed she will not lay charges against “an innocent man”.
“(My daughter) went for tests and it came back negative, she is clean,” says the woman, unaware that police confirmed the teen had not gone for tests.
Meanwhile the teen says people are just jealous of her well-off landlord.
“Die mense wat die stories opmaak is mense wie jaloers is op hom,” she says. (Those who are spreading the rumours are jealous of him)
“Hulle praat so want hulle smaak hom, daarom maak hulle stories op.” (They are spreading the rumours because they fancy him)
Meanwhile the landlord says: “I am not the pervert they say I am. All these allegations stem from jealousy.
“There is no relationship, I have my own girl in Mitchells Plain.
“There are no decent women in Delft.
“The police can’t arrest me because I am innocent.”
Consent & rape: what the law says
Sex between an adult (18 and over) and any person younger than 18 is illegal in South Africa, even if the younger party consents to it.
This is regarded as rape and should be reported to police.
Persons between the age of 15 and 17 may legally have sex with each other, if both parties consent.
Meanwhile, it is now also legal for kids aged between 12 and 15 to have sex with each other.
A bill decriminalising sex between consenting teenagers was signed into law this week.
Parliament had been ordered to amend two sections of the bill which the Constitutional Court had ruled invalid.
Children’s rights NGO Rapcan was one of the applicants in the case.
Rapcan has urged parents to build strong bonds with their children so they can guide their life choices instead of relying on the law.
The organisation’s Christina Nomdo said the previous law criminalised children for what they believe is normal adolescent behaviour.
The new act decriminalises sex between teens, but doesn’t permit or legalise it.
Christina says: “The state gives a clear message to parents that it is the role of parents to guide their children.”
It is illegal for anyone to have sex with a child under the age of 12, and for a child under the age of 12 to have sex with any person (regardless of age), even if the sex is consensual.
Daily Voice