Mmamoloko Kubayi: Silence Fuels GBVF, Families Must Report Abuse

Kubayi stressed that defeating GBVF requires more than legislation and arrests — it demands action inside homes and communities.

Justice and Constitutional Development Minister Mmamoloko Kubayi has issued a stark warning that South Africa will not defeat gender-based violence and femicide (GBVF) unless families break the silence around sexual abuse and report perpetrators without fear — even when they are breadwinners.

Speaking at a Community Outreach Imbizo and Pre-State of the Nation Address (SONA) activation at the Dulcie September Civic Hall in Athlone, Western Cape, Kubayi said concealing abuse or reducing it to “private or ideological debates” enables a cycle of violence that continues to devastate communities.

“There cannot be a debate when there is rape,” Kubayi said. “It is a crime.”

A National Crisis Demanding Community Action

South Africa continues to face one of the highest reported rates of sexual violence globally. Police statistics consistently record tens of thousands of rape cases annually, with many more incidents believed to go unreported. Children remain particularly vulnerable, with teenage pregnancy often masking cases of statutory rape.

Kubayi stressed that defeating GBVF requires more than legislation and arrests — it demands action inside homes and communities.

“We cannot talk about the future of South Africa while we are destroying our children,” she said.

Zero Tolerance for Child Sexual Abuse

The Minister made it clear that the law leaves no room for ambiguity regarding children and consent.

“There is no 11-year-old who can give consent to sex. The age of consent is clear in the law. When a child becomes pregnant, it is statutory rape,” she said.

Kubayi emphasised that parents have both a legal and moral duty to report child sexual abuse immediately — either by seeking medical attention for the child or opening a criminal case at a police station. She extended this responsibility to teachers, community leaders and neighbours.

“As a parent, you must stand up,” she said. “As teachers and community members, you have the same responsibility.”

Financial Settlements Perpetuate Abuse

Kubayi revealed that many cases of teenage pregnancy and child rape are concealed after families accept financial settlements from perpetrators — a practice she said directly contributes to repeat offences.

“You may spend that R50 000 and it will be finished, but you have a child who is destroyed for life,” she said. “Once you do that, the perpetrator moves from this child to another. That is how we end up with serial rapists in our communities.”

She warned that protecting perpetrators for short-term financial relief fuels long-term social harm.

Holding Perpetrators Accountable — Regardless of Status

Kubayi said perpetrators must face the full might of the law, regardless of their position within the household.

“We cannot keep such people in our society. Even if he is a breadwinner; if he has raped a child, it is not worth the price,” she said.

She added that adults who view children as sexual partners require serious psychological intervention alongside criminal prosecution.

“Anyone who sees an 11-year-old or a 10-year-old as a woman is mentally sick and needs help. That is why such people must be reported to the police to arrest them. Social workers can deal with psychiatric issues while they are in prison,” Kubayi said.

Boys Also Victims in a ‘Sick Society’

The Minister cautioned that sexual abuse is not limited to girls, noting an increase in cases involving boys.

“Today, we are seeing mothers raping boys, men molesting boys. We are breeding a sick society,” she said.

Kubayi called on civil society organisations, activists and community leaders to intensify grassroots mobilisation against what she described as a “pandemic” of abuse.

Legal Reforms Underway

Government has already amended key legislation to strengthen protections for victims and improve prosecution processes. Kubayi confirmed that further reforms are under consideration, including measures that could allow the publication of names of convicted sexual offenders.

“We cannot continue protecting perpetrators at the expense of victims,” she said.

The Minister’s remarks form part of broader government efforts to strengthen implementation of the National Strategic Plan on Gender-Based Violence and Femicide, which prioritises prevention, justice system reform, survivor support and accountability.

Kubayi concluded by urging families to confront abuse directly and decisively.

“Silence is protecting criminals. Speaking up is protecting our children.”