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The South African Human Rights Commission (SAHRC/ the Commission) notes with deep concern the recent revelations in the matter of young Cwecwe. While certain aspects of this tragic case may fall outside the direct mandate of the Commission, it nevertheless presents a critical moment for reflection and urgent advocacy around the systemic failures in South Africa’s child protection systems.

The Commission reiterates that the best interests of the child must always take precedence in all matters involving or affecting children, in line with both international and domestic law. As a signatory to the United Nations Convention on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), South Africa has committed itself to uphold this principle. Domestically, Section 28(2) of the Constitution of the Republic of South Africa, 1996, explicitly affirms that "a child’s best interests are of paramount importance in every matter concerning the child." This principle is also codified in Section 9 of the Children’s Act 38 of 2005, which places an obligation on all organs of state, caregivers, and decision-makers to ensure that the well-being of the child is at the centre of all actions.

The prevalence of child abuse, neglect, and exploitation in South Africa demands not only strong condemnation but decisive and coordinated action. Although South Africa has a robust legislative and policy framework aimed at protecting children, the core challenge lies in the implementation, enforcement, and institutional coordination of these legal provisions. Cases such as the Cwecwe matter reveal glaring lacunas in timely intervention, lack of accountability, and systemic inefficiencies which enable the ongoing violation of children's rights.

The SAHRC calls on all relevant stakeholders—the South African Police Service (SAPS), the National Prosecuting Authority (NPA), Department of Social Development and the Department of Basic Education (DBE)—to utilize all available resources to uphold and protect the rights of children as enshrined in Section 28(1)(d) of the Constitution, which provides that every child has the right to be protected from maltreatment, neglect, abuse or degradation.

In particular, the Commission urges the NPA to apply the full extent of the law under the Criminal Procedure Act (CPA) to ensure justice. Notably, the CPA empowers the courts under Section 37 to make an order compelling an individual to submit to the taking of bodily samples, such as DNA, where it is necessary for the investigation or prosecution of offences. The timely and strategic use of such provisions is essential in securing accountability and protecting other potential victims.

• There must be compulsory and consistent use of the National Register for Sex Offenders (NRSO) to screen all individuals working in environments involving children. The NRSO serves as a critical safeguard to prevent individuals convicted of sexual offences against children or persons with mental disabilities from being employed or volunteering in schools, crèches, child and youth care centres, or any child-focused setting.
• Failure to consistently reference and enforce the NRSO undermines efforts to create safe environments for children and exposes them to further risk. The Commission stresses that no person who has been deemed unfit due to past sexual offences should ever be allowed in spaces where children are kept or cared for. The effective use of the NRSO must become a non-negotiable standard practice across all child-related institutions and services.

In addition to stronger legal enforcement, there is an urgent need for preventative, proactive approaches, which must include:

• Strengthening child protection units and interdepartmental coordination mechanisms
• Increasing psycho-social support for affected children and their families
• Equipping educators, healthcare providers, social workers, and community leaders to recognize, report, and respond to abuse urgently
• Reviewing existing legislation and policies to identify and address weaknesses in monitoring, oversight, and intervention mechanisms

The SAHRC emphasizes that addressing child abuse is not solely a legal matter—it is a societal responsibility, my child is your child. Families, churches, and civil society need to play a role in safeguarding the rights of children. It requires a cultural shift toward zero tolerance for any form of abuse, grounded in awareness, advocacy, and accountability.

The Commission urges Parliament, law enforcement agencies, and civil society organizations to seize this moment as an opportunity for transformative reform. The rights and dignity of children are non-negotiable, and failure to act is a failure to protect. The SAHRC remains resolute in its mandate to advocate for systemic change and to engage tirelessly on all matters that threaten the fundamental rights and welfare of children in South Africa.

Issued by South African Human Rights Commission