Sitting in her car outside the Alexandra Magistrate’s Court on Tuesday morning, Samantha Morgan* felt her anxiety deepen.
Morgan, a single mother of three, had barely slept, bracing herself for another court appearance of the former Bryanston High School netball coach accused of sexually assaulting her daughter when she was 16 and 17.
“There’s so much anxiety, it’s all the unknowns. It’s the anxiety of coming to court and having to face them ... Sometimes, you just think, oh please Lord this is too much.”
Soon after Morgan stepped in the courtroom on Tuesday, joined by the usual team from Women and Men Against Child Abuse (WMACA), the matter was postponed again until August 24.
In the last 18 months, the criminal case has been postponed around 12 times, she said. “Honestly, this time I didn’t have any expectations purely because of the disappointment of the previous four times we went to court.
"There were those times where there was a bit of hope and then it was taken away the next time we went to court.
“I feel so disappointed and almost depressed at the appalling way this is being dealt with. The people who are fighting for us and trying to be a voice for us, are actually not. That’s the hardest thing.”
The accused, who has still not pleaded and cannot be named, was arrested in January last year when Morgan and her daughter opened a criminal case against him. It is alleged that he sexually abused young girls on school property and on school tours.
He was dismissed in March last year after a disciplinary panel found him guilty of sexual harassment. Two other victims came forward but did not pursue the matter criminally. Morgan and her daughter did.
“We know the reason why we wanted to do this - purely because we want him to stop hurting anybody else,” she said. “Justice is a part of the process, but it’s ultimately about having some kind of voice, which is something we haven’t had at all in the last 18 months. It’s about stopping him from ruining lives.
“Over many years too many lives have been damaged and the children have to live with this for the rest of their lives. It doesn't go away.”
Her daughter, she said, is very “strong and brave”. “I’m very proud of her.”
There’s little clarity on the way forward, however. “The communication from the state has been appalling, to say the least. You go in with hope every month, feel positive and then, literally the door just gets slammed in your face.
"If he wants a three-month postponement, he gets it, and he has had multiple representation.
“He is getting what he wants but we’re being silenced and are not considered in the decisions being made for each postponement ... It’s this revolving process, literally a whirlwind of trauma, and we’re just constantly getting re-traumatised.
“There’s never a question of ‘how do you feel? Is it okay if we postpone?’ It’s just oh well, ‘we’re postponing to this date'. I haven’t really argued or pushed but when I have asked questions, I’m told it’s his right by the people who are fighting for us.
“I do feel like the system has silenced us. We’re just not getting to a place where we’re able to be heard ... for my daughter to heal."
The justice system seems flawed and one-sided. "But I really do believe that we need to follow through with the process regardless of it letting us down. I need my daughter to believe she does deserve closure, that she does deserve to fight for something she knows is right.”
Luke Lamprecht, of WMACA, said Tuesday’s postponement during Child Protection Week was unacceptable.
“I was so deflated, moving between total despair and outright rage. When President Ramaphosa says it’s Child Protection Week and gives his five-point plan to put victims at the centre ... none of that is seen in reality in the lives of the children we deal with.
“The truth is that the system is not victim-friendly, it’s totally offender focused. Every process that we have been through thus far in this case, has been at the behest of the defence. It’s a disincentive for people to report.
“What is also significant to note is that the victim is now an adult so any protections in the court she would have been afforded in terms of giving evidence as a child, that is not available any more.
"This wouldn’t have happened if there weren’t all these postponements, which have all been at his behest."
*Not her real name
NPA spokesperson explains delays
Phindi Mjonondwane, spokesperson for the National Prosecuting Authority (NPA), said it “had a consultation session with the victims”, which Morgan pointed out was in February last year.
“The NPA has an open-door policy and complainants and their families are welcome to approach the office of the senior public prosecutor for assistance regarding their case.”
The State, she said, had been ready to proceed with the trial since June last year. “The delays are at the instance of the accused as he was granted several postponements to lodge representations with the offices of the NPA.
“The accused appeared in court for the first time on January 17, 2019, the matter was postponed to the next day for purposes of bail application and bail was granted. The State was then granted three postponements to finalise investigations and consult with witnesses (February to June 2019).
"Thereafter, the matter was further postponed six times, at the request of the defence for purposes of lodging representations.
“They first lodged representations with the office of the senior public prosecutor (SPP) in Alexandra and they were unsuccessful.
“The defence then asked for another postponement to approach the office of the DPP with representations. Those representations were also unsuccessful and the defence was informed accordingly in a correspondence addressed to them, dated November 21, 2019.
“After being granted another postponement (at their request to approach the office of the NDPP) to February 2020, the accused appointed a new legal representative in February 2020. The new defence team indicated that they will again lodge representations with the office of the DPP.
“The next court date was during lockdown and the matter was remanded to May (accused was not present due to lockdown regulations).
“In May the decision was that their representations were unsuccessful and DPP office issued instructions to the SPP, Alexandra, to proceed with the trial in a letter dated May 22."
The NPA informed court on June 2 about the DPP office instruction. “The defence requested another postponement to approach the office of the NDPP. They were granted the postponement and matter will be back in court on August 24 for the outcome of representations."