SA: Justice delayed is justice denied

Imagine being trapped in the darkest, most terrifying moment of your life—only for that nightmare to stretch on for years, even decades.

Imagine crying for help and hearing nothing but silence. Imagine seeking justice, only to be met with indifference, delays, and a system that seems designed to break you instead of protecting you.

This is the reality for countless survivors of sexual violence in South Africa. And I know this pain firsthand—I write this not just as an advocate, but as a survivor myself.

Nowhere is this failure more evident than in the tragic and horrifying ordeal of Andy Kawa, a woman who has spent nearly 15 years fighting for accountability in a system that has failed survivors time and time again.

Ms Andy Kawa was brutally raped at the Gqeberha beachfront in the Eastern Cape in 2010. What followed was not just the violation of her body but the endless violation of her spirit by a justice system that drags its feet when it comes to convictions.

The perpetrator, Moses Gqesha, was only arrested in 2024—fourteen years after the crime. After years of delays, failed investigations, and sheer negligence, the courts have now found him guilty of eight counts of rape, kidnapping, robbery with aggravated circumstances, and intent to cause grievous bodily harm.

But justice should never take this long.

As I write this, the nation is gripped by the agony of yet another case—the brutal rape of seven-year-old Cwecwe. A child, violated in a place meant to nurture and protect her—her school. The alleged perpetrator? The very principal entrusted with her safety.

The cries for justice are echoing through the streets as thousands marched to demand accountability for her stolen innocence. For months, no arrest were made until the national outrage followed by the marches.

And then, in a cruel twist, a day after this national outcry, the Gqeberha High Court acquitted Timothy Omotoso, a pastor accused of raping and sexually abusing young girls in his church. A man whose victims had placed their faith in a justice system that has, yet again, failed them.

The pattern is as predictable as it is infuriating. Perpetrators, shielded by wealth and power, walk free while victims are left to fight battles that should never have been theirs to begin with.

Victims of crime often face a significant disservice due to the lack of due diligence by prosecutors handling their cases. A recent example is the acquittal of Pastor Timothy Omotoso and his co-accused, where the judge explicitly stated that the prosecutor failed to present a convincing case.

The absence of thorough cross-examination allowed the defense to prevail, highlighting a stark failure in the prosecution’s duty to represent victims effectively. While the accused often secure top legal representation, victims are left vulnerable to prosecutorial shortcomings.

This recurring negligence raises a pressing question: how many more women and children must suffer due to inefficiency and inaction before meaningful change is implemented?

Sexual violence in South Africa is not just a crisis—it is a war on our bodies, our dignity, and our futures. Gender-based violence has been declared a national emergency, yet our criminal justice system continues to fail those who need it most.

Justice is delayed. Justice is denied. And far too often, justice never comes at all.

South Africa’s criminal justice system continuously fails survivors of gender-based violence. Perpetrators walk free for years, cases are struck off the court roll due to the criminal justice’s inefficiency, and families are left to relive their trauma over and over again as they are dragged through an endless cycle of postponed court dates.

Survivors and their families suffer secondary victimization—not just from the perpetrators of these crimes but from a system that forces them to fight for justice long after the damage has been done.

Every delayed trial, every mishandled investigation, every failure to arrest and prosecute rapists is an indictment of a system that is simply not working. How many more families must endure this pain before real change happens?

The reality is that South Africa has one of the highest rates of gender-based violence in the world, yet conviction rates remain shockingly low. Rapists and abusers continue to roam free because of a lack of urgency, a lack of accountability, and a lack of political will to fix the system.

Survivors are forced to relive their trauma for years in courtrooms, only for their perpetrators to receive light sentences—if they are even convicted at all.

We need change, and we need it now. We cannot afford another decade of watching survivors beg for justice while rapists and abusers exploit a broken system.

The government must act with urgency to ensure that GBV cases are prioritized and fast-tracked in the courts, that police officers and prosecutors are trained to handle cases with the care and seriousness they deserve, that investigations are carried out swiftly and competently to avoid delays in justice, and that convictions are not exceptions but the rule when it comes to crimes of GBV.

The stories of Ms Andy, myself, Cherly Zondi, and little Cwecwe are reminders that justice in South Africa is often out of reach for those who need it the most. Our battles should never take this long, and the system must answer for its failures.

Survivors deserve better. Families deserve better. South Africa deserves better.

We must demand urgent and concrete action to fix a system that continues to let perpetrators walk free while survivors are left to suffer for years.

Justice must not take 15 years—it must happen now.

(Zintle Khobeni de Lange is a WOSSO fellow).