More than 100 suspects arrested in a countrywide swoop on child sex rings and drug trafficking may walk free because of loopholes in the law.
André Neethling, provincial co-ordinator of the child protection unit (CPU) in the SA Police, said the suspects - most of them illegal immigrants - were appearing in 16 trials across Gauteng, KwaZulu-Natal and Free State.
Their appearance comes after a police special task group swooped on the syndicates and rescued about 60 children, mainly girls under the age of 17, in the three provinces.
On Friday Neethling said loopholes in the Child Care and Sexual Offences Act might allow the suspects to escape the law. This was because the legislation states that the main witnesses in these cases must be the victimised children themselves but, since most are drug addicts, they would be considered unreliable witnesses.
Neethling said police hoped that new legislation under the Child Care and Sexual Offences bills - expected to be passed by parliament soon - would make it less difficult for police to conduct investigations and easier to prosecute suspects.
"At the moment we have so many obstacles: the current law is riddled with loopholes."
"We do not even have legislation for child trafficking. Child trafficking and child prostitution go hand in hand with drug trafficking, and when we rescue these children they are so drugged up that they literally live for their next fix."
"Because of their drug addiction, they are not reliable witnesses. We now have to house them in places of safety and private rehabilitation centres before they can testify against the suspects. The prognosis does not look good, but we are hopeful that new laws will be passed soon."
Neethling said that, despite the difficulties stated, the CPU's investigations were continuing and more arrests were expected soon.
In case, heard in Benoni Magistrate's Court on Tuesday, the case had to be remanded because a Nigerian interpreter was not available.
The suspects had allegedly kidnapped a toddler in order to get to his mother.
Neethling said the child was receiving treatment at a private facility and "getting on well".
Patrick Solomon, spokesperson for the prominent children's-rights group Molo Songololo, agreed.
To secure convictions, a well-equipped special police task team was needed for the conducting of proper investigations and interviews, the transcription of statements and the collection of all necessary evidence. This team should be capable of dealing sensitively with victims," Solomon said.
"The vulnerability of these children and the lack of legislation are making it easy for perpetrators to continue to abuse, violate and exploit our children."
Joan van Niekerk, the national co-ordinator of Childline, said it was unacceptable to take so long for new laws to be passed.
"The bottom line is that government needs to jack up all services to ensure that these sorts of crimes do not happen in the first place. But the reality is that they do happen."
"It has taken government two years even to look at this bill. There are also political issues surrounding this. Prior to the general elections, this bill was right at the top of their priority list. But now that the elections are finished it has fallen by the wayside."
Dennis Jane, councillor for Rosettenville and chairperson of the Booysens community policing forum, was shocked to learn that suspects arrested in the area might soon be roaming the streets again.
"We have for a long time been extremely concerned about the increase in prostitution and associated drug trafficking in our area," Jane said.
"It would be very painful if these criminals are freed because authorities are dragging their feet in amending the Sexual Offences Act."
"I also feel there should be more surveillance to monitor these crimes because then enough evidence can be gathered to prosecute them in the interim."
Sheila Camerer, the Democratic Alliance's spokesperson on justice, said the amended Sexual Offences bill was handed over to the justice and social development departments two years ago, and "they are still sitting with it".
"When I asked the justice department what was causing the delay, I was told the minister needed to get 'acquainted' with the amendments."
"There are many people who want it passed as soon as possible, and the police have said they cannot be sure of convictions because there is currently no specific legislation outlawing human trafficking."
"It is wrong that there should be this delay, especially because these are sexual offences."
Kaizer Kganyago, who is Justice Minister Brigitte Mabandla's spokesperson, said: "The minister must first get acquainted with the bill. She needs to study it. We are also working on this with the social development department."
"We cannot say when the bill will be passed: it is a process. We must also meet with the justice portfolio committees. Nothing becomes a law if the president does not say it becomes a law. I cannot give you a time frame because parliament has its own programme."