Sameera Casmod | sameerac@radioislam.co.za
28 August 2024 | 17:49 SAST
1-minute read

Image: Netwerk24

Reports indicate that the 17-year-old who has been accused of the rape and murder of 16-year-old Deveney Nel was accused of raping an 11-year-old in 2020.

He did not qualify to be criminally prosecuted at the time because a state psychiatrist and clinical psychologist found that he did not have criminal capacity, which means that he did not have reasonable maturity to distinguish between right and wrong.

The psychiatrist recommended that he should be evaluated for possible institutionalisation, but this did not happen.

Clinical Director Shaheda Omar of the Teddy Bear Foundation explained the process that is usually followed in such instances during an interview on Radio Islam International.

Once the case is referred to the Children’s Court, a statutory social worker facilitates the intervention program to enable rehabilitation and reintegration.

It is not known if a case manager was assigned to this matter.

The matter points to the wider, systemic societal problem of children who have turbulent backgrounds of domestic violence or substance abuse, for instance, and are even at times victims of violence themselves.

While the behaviour cannot be justified or condoned, Omar emphasised, there are many factors that could have contributed to the boy’s behaviour.

“Behind this bad behaviour, mad behaviour, insane, unacceptable, unlawful, there’s probably a very sad child that has been crying out for help, that has been reaching out in maladaptive behavioural patterns and… behavioural disorders coming to the fore, resulting in something that is totally unjustifiable, unforgivable and unacceptable,” Omar said.

Listen to the full interview on Sabaahul Muslim with Moulana Sulaimaan Ravat.