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SayPro REPORTING CASES OF ABUSE

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2.1 INTRODUCTION

Some people who hear stories about abuse wonder why no one knew, why nothing was done. Officials can’t just peep in on everyone’s life to see if abuse is happening, they can only investigate if they have enough cause. If reports come in about suspected abuse, they will look into it. Many people are reluctant to report suspected abuse because they are afraid they are wrong and are causing the family trouble or that it’s none of their business.The following must be remembered;

  1. You Don’t Need Proof i.e. you just need Reasonable Grounds.

“Reasonable grounds are what an average person, given his or her training, background and experience, exercising normal and honest judgment, would suspect.” They don’t go bust down the door of the family every time a report comes in. If you report a suspicion but without anything concrete, they will make note of it so that if anyone else reports something, then they will know that more than one person is seeing something wrong and take it more seriously.

  1. Don’t Delegate

If an adult suspects abuse, they must make the call personally. This is not a time to delegate.

  1. Call Each Time

If you’ve made the call and suspect something again, call again. A separate call should be made each time something suspicious happens. As I said, the more calls they get, the more serious they will take it.

  1. No Promises

If a person discloses abuse to you, do NOT promise that you will keep it a secret. This is hard but keeping the secret is allowing the abuse to happen.

  1. In the Event of a Disclosure

If a person is disclosing abuse, believe the person (do NOT ask are you sure?), stay calm and do not ask for details, you are not the investigator. Reassure them (not that it will be okay or that you will keep it secret but that you will try to get them the best help you can so they will be safe.)2.2 LEGAL OBLIGATION TO REPORT ABUSE(US260558 SO 1, AC 3)The South African law places obligation on the public and certain individuals to report any acts of abuse. Failure to report might be considered as obstruction of justice. We shall now look at the law governing the reporting of child abuse and elderly abuse in South Africa2.2.1 REPORTING CHILD ABUSEChild abuse is a serious problem that exists in all our communities. Educators have a special role to play in dealing with this problem, along with doctors, nurses and social workers. In fact, people in these professions are required by law to respond to signs of child abuse.1. The Child Care Act 1983“Every dentist, medical practitioner, nurse, social worker or teacher or any person employed by or managing a children‘s home, place of care or shelter who examines, attends, or deals with any child in circumstances giving rise to the suspicion that the child has been ill-treated or suffers from any injury, single or multiple, the cause of which probably might have been deliberate or suffers from a nutritional deficiency disease, shall immediately notify the Director-General or any officer designated by him for the purposes of this section, of those circumstances”. [Section 42 (1)]Any of the care givers mentioned above “who contravenes any provision of this section shall be guilty of an offence”. [Section 42 (5)]The caregivers who have a duty to report are also protected by law against being sued as a consequence of reporting their suspicion. “No legal proceedings shall lie against any medical practitioner, nurse … in respect of any notification given in good faith in accordance with this section.” [Section 42 (6)]2. The prevention of Family Violence Act, 1993“Any person who examines, treats, attends to, advises, instructs or cares for any child in circumstances which give rise to a reasonable suspicion that such child has been ill-treated, shall immediately report, such circumstances to a police official or a commissioner of child welfare or a social worker.” [Section 4]3. Sexual Offences ActThe new sexual offences legislation requires that any person who has knowledge as opposed to suspicion – of a sexual offence committed against a child must report this to a police official. It is an offence not to report such knowledge.2.2.2 REPORTING ABUSE AGAINST THE ELDERLY (117496 SO 4, AC 6)Legislation to protect older persons from mistreatment and abuse was embodied first in the Aged Persons Act 18 of 1967, as amended from time to time, appearing ultimately in the Aged Persons Amendment Act 100 of 1998. However, the act provided primarily for the registration of residential care facilities and standards of care to be maintained in the facilities, which at the time of its enactment were reserved primarily for whites.A number of facilities were provided for vulnerable colored older people but very few homes for their black counterparts (UNFPA, 2002). Since 1994, all facilities and services in the country have been desegregated racially. The amended act (1998) provided for “….the protection and welfare of certain aged and debilitated persons, for the care of their interests, for the establishment and registration of certain institutions, for the accommodation and care of such persons in such institutions, for the payment of certain other allowances (subsidies)…”However, the act covered only the range of services provided by the social development ministry under its mandate. Nevertheless, a significant amendment to the 1967 act, in terms of legal protection against abuse, was compulsory notification of abuse of an older person, in terms of Section 6A(1) of the amended act (1998), by a dentist, medical practitioner, nurse, social worker, or other person who examines, attends to, or deals with such older person.The Older Persons Bill, enacted in late 2006, was drafted within the social development ministry in wide consultation with stakeholders. The provision for mandatory reporting under the Older Persons Bill (2006) ensures that every citizen, not only professionals, has a duty to report suspected abuse. The reporter is assured of protection from liability should a report be found upon investigation to be unfounded; thus staff who report suspected abuse should not fear losing their job.

NOTEIn terms of section 26(1) any person who suspects that an older person has been abused or suffers from an abuse-related injury must immediately notify the Director-General or a police official of his or her suspicion.

  • In terms of section 26(2), a person is not liable in respect of any notification given in good faith in terms of subsection (1).
  • In terms of section 26(3) a persons who fails to comply with subsection (1) is guilty of an offence
  • Notification must be done utilizing Guideline 14 within 48 hours. If the form is not available, a report should still be sent to the relevant District/ Decentralized office of the Department of Social Development or Welfare Organisation. Please mark the document URGENT AND CONFIDENTIAL.
LEARNING ACTIVITYIdentify and describe South African Legislation that obliges the reporting of women abuse.

2.3 AUTHORITIES DEALING WITH ABUSE(US260558 SO 2, AC 1)South Africa has enacted a number of structures where issues of abuse can be reported. These structures may vary with the nature of the victim i.e children, elderly people and women.2.3.1 STRUCTURES DEALING WITH CHILD ABUSEThe following are organisations where reports of child abuse can be made in South Africa.1. CHILD WELFARE SOUTH AFRICAThe co-ordinating body for more than 260 affiliated child welfare societies, organisations and community outreach projects. It is the largest non-profit, non-governmental organisation in South Africa in the fields of child protection and child care and family development.

  • Report neglect or abuse of a child: 0861 4 CHILD (24453)
  • National: (011) 452-4110
  • E-mail:info
  • Website:www.childwelfaresa.org.za

2. POLICE CHILD PROTECTION UNITSThe SA Police Service’s Family Violence, Child Protection and Sexual Offences Unit Special police units investigate violent crimes against children and offer specialised services to child victims of crime. There are units around the country.

  • Emergency number: 10111
  • Crime Stop: 08600 10111
  • Report cases of child abuse for police investigation:childprotect
  • Website: FCS Unit

3. CHILDLINEChildline is an effective non-profit organization that works collectively to protect children from all forms of violence and to create a culture of children’s rights in South Africa.For immediate assistance, please call our toll free number – 08 000 55 555 – and you will be redirected to the appropriate regional office. Alternatively, our regional offices are listed below.Childline National OfficeTel: (+27)-(0)31-201 2059 Fax: (+27)-(0)86 511 0032Postal Address: P O Box 51418, Musgrave, 4062Physical Address: 24 Stephen Dlamini Road, Musgrave, Durban, 4000Email: adminWeb:www.childlinesa.org.za

Childline Eastern CapeTel: (+27)-(0)41-4530441P O Box 34760, Newton Park, 6055Email: director Childline Free StateTel: (+27)-(0)51-4303311PO Box 1011, Bloemfontein, 9300Email: bfnchildWeb: www.childwelfarebfn.org.za
Childline GautengTel: (+27)-(0)11-6452000PO Box 32453, BraamfonteinEmail: infogautengWeb:www.childline.org.zaSub officesKatorus: Katlehong Resource Centre, 824 Ramokunopi,West KatlehongSoweto/Pfunanani: Chris Hani / Baragwanath,Old Potchefstroom Road, SowetoThembisa: Thembisa Multipurpose Centre,Andre Maphetu Street, ThembisaSebokeng: No 19 Moshoeshoe Street, Sebokeng Childline KwaZulu NatalTel: (+27)-(0)31-3120904P O Box 37875, Overport, 4067Email: childlinWeb:www.childlinekzn.org.zaSub officesPietermaritzburg: 383 Bulwer StreetUmlazi: Prince Mshiyeni Hospital, Comfort ZoneKwa Mashu: Kwa Mashu Police StationChatsworth: Chatsworth Crisis Care CentrePort Shepstone: 1 Voortrekker PlaceOuter West: Mobile Unit in Other West / Pinetown areasNdwedwe: Ndwedwe Justice Centre, NdwedweInanda: Mobile Unit in Inanda
Childline LimpopoTel: (+27)-(0)15-295644917 Hans van Rensburg St, PolokwaneEmail: childlinelimpopoWeb: no site available as yet Childline MpumalangaTel: (+27)-(0)13-7522770PO Box 40017, The Village, 1218Email: childlineadminWeb:www.childlinempu.org.za
Childline North WestTel: (+27)-(0)18-29744112nd Floor, Jankra Building, PotchefstroomEmail: alicecarnellWeb: no site available as yet Childline Northern CapeTel: (+27)-(0)53-83259626 York Street, Kimberley, 8301Email: administration
Childline Western CapeTel: (+27)-(0) 21-461 11 136 Roeland Street, Cape Town, 8001Email: childlineWeb: www.lifelinewc.org.za

2.3.2 STRUCTURES DEALING WITH WOMEN ABUSEThe following are structures that deal with women abuse in South Africa.1. South Africa Police ServiceCases of abuse can be reported to SAPS. The role of SAPS with regard to the Domestic violence Act;

  • A member who attends a scene of domestic violence must first of all determine whether the complainant is in danger and take necessary measures to protect her.
  • Once the scene has been secured;
  • Render such assistance to the complainant as may reasonably be required in the circumstances,
  • If it is reasonably possible to do so, hand the Notice as provided in the Domestic Violence Act in the official language of the complainant choice.
  • Assist the complainant or make arrangements for the complainant to find a suitable shelter and obtain medical treatment and
  • Investigate the alleged incident of abuse and gather all available evidence in respect of the offence.

2. People Opposed to Woman Abuse (Powa)Gauteng-based organisation offering shelter, counselling and legal support to women in abusive relationships, rape survivors, survivors of incest.

3. Stop Gender AbuseCrisis counselling for women who have been raped or abused, advice and support for people wanting to support women in need of help, legal and other options available for abused women and rape survivors. Run by LifeLine Southern Africa.

  • Toll-free helpline: 0800 150 150

4. Rape CrisisRape Crisis Cape Town Trust works to prevent rape, offers healing to survivors, and works towards legal reforms that will ensure perpetrators are brought to justice. Services include counselling, court preparation, support groups, important contact numbers. Non-governmental organisation.

  • Counselling lines:
    • 021 447-9762 (Observatory)
    • 021 633 9229 (Athlone)
    • 021 361 9085 (Khayalitsha)
  • Website:www.rapecrisis.org.za
NOTEAll domestic violence incidents which are reported to a police station must be recorded in the Domestic Violence Register (SAP 508(b) and it is the responsibility of the Station Commander to ensure an accurate record is kept of all domestic violence incidents.

2.3.3 STRUCTURES DEALING WITH ELDERLY ABUSEThe following are some of the structures dealing with issues of abuse among the elderly.1. ACTION ON ELDER ABUSE SAThe main objective of AEASA, is centrally located in an office in Cape Town and is a national, toll free, 24/7 helpline specifically for the reporting of elder abuse. Counselling may be provided online where applicable and referral for investigation and intervention made if necessary. Trained counsellors answer the calls and amongst them can speak the majority of South Africa’s many languages, enabling the caller to speak in his or her mother tongue. Emergency help is provided immediately when possible and where intervention is necessary, the HEAL Response Unit [HRU] nearest to the victim is notified and deployed.Toll free number: Heal 0800 00 30812. AGE IN ACTIONUnder its elder abuse program, the NGO Age-in-Action has established six shelters in three provinces to meet the physical and emotional needs of abused, destitute and abandoned older persons who are unable to return to their home (Joubert et al., 2005). In some of the country’s nine provinces, in collaboration with the Department of Social Development and other stakeholders, residential care facilities have set aside “emergency beds” for older persons who are removed from abusive situations. In Gauteng Province, Age-in-Action has developed a “foster care” program for vulnerable and abused older persons.Physical address:1st Floor, 36-On-Long, 36 Long Street, Cape Town, 8001Postal address:PO Box 2335, Cape Town 8000Tel. : 021 426 4249Fax : 021 426 42903. SOUTH AFRICA REPUBLIC POLICE (SAPS)Many forms of elder abuse are recognized as types of domestic violence or family violence. Therefore any acts of abuse against the elderly can be reported to the South African Police Service- Family violence, Child protection and Sexual Offences Unit. This unit is available in most police stations.In Emergency call: 101112.4 PROCEDURE FOR REPORTING ABUSE (US260558 SO 2, AC 3)As a member of the public you must make a report if you have any reasonable suspicion of neglect or abuse and you need to make that report without delay. Mandatory reporters such as doctors need to be aware that:· It is your personal responsibility/obligation to report suspected abuse and neglect – it is not the responsibility of your manager or employer.· You do not have to prove that abuse has occurred.· Your notification needs to be accompanied by a statement of the observations, information and opinions on which your suspicions are based.· You are immune from civil liability for reporting your suspicions in good faith.The diagram below shows a general procedure for reporting an abuse.122.4.1 REPORTING SEXUAL ABUSE AT A POLICE STATIONYou can report what happened to the police. You do not have to go to the police station in the area where you were assaulted. If you go to another police station, the police will pass the case to the police station in the area where you were assaulted for investigation. This means it will take a few days longer for the police to start investigating.Police can also be asked to come to your house or wherever you are. If you are at the police station and the police do not allow you to report the assault, it is very important not to give up. Tell them it is your right to report the assault and ask to speak to the station commissioner (who is charge of the police station). If they still refuse, go to another police station and report the assault, or contact one of the support services available.If you decide to go to the police station, you may want to take someone you trust with you.It is your right to have a relative, friend or counsellor with you when you report a sexual assault and when you are examined by a doctor. If you find it easier to talk to the police without friends or family listening to you, then ask to talk to the police in a separate and private space.AT THE POLICE STATIONWhen you get to the police station, tell the police officer at the charge desk that you want to report a rape. A police officer is not allowed to tell you that you cannot lay a charge, or that you do not have enough proof.At some police stations there are police who are specially trained to deal with sexual assault cases or have "comfort rooms" where you may give statements and get information in private. Some of these comfort rooms are staffed by specially trained community members who can help you. Ask if these services are available.You can ask to speak to a woman police officer. If there is no woman on duty you can ask the police to call one. But it means that you have to wait for them to find a policewoman.When you report a sexual assault to the police, they give your report a special number. This number is also called an OB number (Occurrence Book number). This number is very important as it proves that you did report the sexual assault to the police.When you report the sexual assault you can do two things:

    • You can just put the sexual assault on record, or;
    • You can lay a charge.

The police will not investigate the case any further if you only put it on record. If you lay a charge, the police will investigate the case and you may have to go to court. It is important that you tell the police clearly if you want to put the sexual assault on record and do not want them to investigate the case further.If you are over 18 you can make and sign a statement that says that you do not want THE case to be investigated. This statement is called an affidavit and will be filed away as a record of sexual assault. It may be useful if you later find out that you are pregnant, or later change your mind and decide to lay a charge.GIVING A STATEMENTThe police might take you to the hospital for a medical examination before they take your statement. This may be better for you because it will enable you to wash yourself and change your clothing once the medical examination has been completed. The police might wait until the next day before they take your statement. Generally, though, they will need to get some information from you as soon as possible so that they can register the case and give it a case number. They will also want to arrest the suspect as soon as possible, and will need information from you to do this. It is very important that you tell them as much as you can. Everything you say will be written down. This is called a statement. If you are badly hurt or very upset, the police may decide to take a short statement from you, followed later by a statement.If you want to lay a charge, the police must take a statement from you and then open a file or criminal case docket for your case. This is called a CAS number (Criminal Administration System number). Make sure you write this number down and keep it with you.You have the right to give your statement to the police in a private place. If the police want to take your statement in the charge office in front of other people, ask them to take it in a more private place. You are also allowed to give your statement in your home language. If no-one at the police station speaks your language, ask the police to find a police officer or a court official who can speak your language. You may have to wait while the police find someone.The police may ask you questions that are embarrassing and which you may not like – such as whether the rapist’s penis went into your vagina. But they may need this information for their investigation. However, a police officer is not allowed to ask you questions which are not connected to the attack, such as, "Did you enjoy it? Or "Did you have an orgasm?"The police officer must write down everything you say. Alternatively, you can choose to write your statement yourself, or you can ask a friend to write it for you. Do not sign your statement until you are satisfied with the way it has been written. If there are mistakes, or if you are not happy with how it has been written, ask the officer to change it. If you remember something else which you did not say at first, tell the police and have it added to the statement. Your statement is very important because it is the main proof that the court will use to try to win your case.You are entitled to a copy of your statement. Ask for a copy if you are not given one.Even if you were drinking, or were on drugs when you were sexually assaulted, you still have the right to report the assault to the police. If you are unable to give a clear statement immediately, but still want to report the attack, the police must take a statement from you later on.BEFORE LEAVING THE POLICE STATIONBefore you leave the police station, make sure you have the following information:

  1. The OB and CAS numbers of your case. If, at a later stage, you want to find out anything about your case from the police or the court you will need these numbers.
  2. A copy of your statement or the time you can fetch one.
  3. The telephone number of the police station.
  4. The name and identification number of the officer who took your statement.
  5. The name and serial number of the officer who will investigate your case.
  6. A letter from the police which you can hand to any police officer if you see the person who assaulted you. They will then arrest him.
  7. The name and the phone number of the CID (Criminal Investigating Division) Branch Commander. This person is the head of all investigating police officers, and should be able to assist you if you are not happy about the way you are being treated.

2.4.2 REPORTING CHILD ABUSE IN A SCHOOL SETTINGEducators are in contact with children on a daily basis. As such they are bound to be confronted with a child abuse case at some point. Dealing with this abuse in the correct manner could make the difference between the perpetrator being convicted or acquitted. In addition, a child who has just disclosed is vulnerable and requires special care. Sometimes children make disclosures of abuse to educators. Sometimes educators observe the behaviour and well-being of children and may suspect that the child is being abused. All schools should have child protection policies and educators do need to familiarize themselves with these.The following procedures must be followed when reporting child abuse in a school environment.STEP 1:Please note the following:

  • Child’s name, address and telephone number.
  • Parent’s or guardian’s name and telephone numbers.
  • Reasons for concern, any documentation of indicators and any relevant statements made by the child.

STEP 2:

  • Follow the school protocol (NB Indemnity form) and inform the designated personnel at the school. However the reporting of abuse and neglect is mandated by law and this law supercedes school policy.
  • No investigation should be carried out by the school personnel at this stage or any other time.

STEP 3:The designated personnel should contact a Social Worker from a Child protection organization such as a Child Welfare Society or the Department of Social Development, or the Child Protection Officer of the South African Police Services. The following should be noted:

  • the name of the person making the call;
  • the name of the intake worker receiving the call;
  • the date and time of the call; and
  • the action proposed by the person to whom the abuse has been reported.

STEP 4:The social worker (and the police in some cases) will interview the child as soon as possible.STEP 5:

  • A Social Worker and/or the Police will interview the alleged abuser and sometimes family members as well.
  • A decision concerning the child’s safety will be made by the Social Worker at this time.
  • If response up is slow and particularly if the child remains at risk, the referring person should follow up until the child is safe.

STEP 6:At the end of the investigation the school personnel, the family or the parents and the Social Worker should meet to discuss the steps the school could take to assist the child.2.4.3 REPORTING PROCEDURE FOR ELDER ABUSEWhen an older adult, because of dysfunction, is unable to self-report, professionals and state employees must report, within 24 hours, any suspected abuse, neglect or .financial exploitation.

NOTEThe term dysfunction is not defined in law, but is understood to mean any physical or mental condition that would render an older adult unable to seek help for himself or herself. Such conditions might include dementia, paralysis, speech disorders, being confined to bed and unable to reach or use a telephone, etc.It is up to the professional person’s judgment as to whether an older adult is able to self-report.

Everyone is encouraged, even when not required, to report any suspected abuse, neglect or exploitation of a person 60 years of age or older. Again, if a mandatory reporter is unsure whether an older adult whom he or she suspects is being mistreated is able to self-report, one is encouraged to make a voluntary report of the situation. Voluntary reporting is strongly recommended in all cases of elder abuse.Any report on abuse of the elderly shall include the following:a. Name of person making the report.b. Name, address, and age of the elder or dependent adult.c. The present location of the elder or dependent adult.d. Any information that led the reporting person to suspect that abuse has occurred.e. Nature and extent of the elder’s or dependent adult’s condition, if known.f. The date of the incident.g. Names and addresses of family members or any other person responsible for the elder’s/dependent adult’s care.2.5 REFERRING ABUSED PERSONS FOR SUPPORT (US260558 SO 2, AC 2)Abuse results in physical, emotional and mental challenges among victims. To this end, it is wise to refer victims to get help and support inorder to recover from the abuse. The following are some of the stakeholders who can assist in supporting victims of abuse.1. Social WorkerSocial workers help people overcome problems and make their lives better. They might work with people who are homeless, sick, or have been abused. One of the ways social workers help is by finding resources for people. For someone with family difficulties, social workers might find a parenting class or support group. There are three main types of social work.

  • Child, family, and school social workers. Some of these workers find foster homes for abused or neglected children. They also help parents learn how to care for children better. Other social workers help with adoptions. Social workers in schools give students and teachers advice about learning problems, behavior problems, and social problems, like bullying or shyness. Other social workers help elderly people and their families.
  • Medical and public health social workers. These workers help people who are sick or who have health problems for a long time. They give advice to people and their families about how to deal with being sick. They also find services to help, such as nutrition classes or nursing care.
  • Mental health and substance abuse social workers. These workers are sometimes called clinical social workers. They help people with mental illness, upset feelings, or drug or alcohol abuse. They might provide talk therapy to people in order to identify their problems and find ways they can get better. They might also reach out to the community, finding people who have problems and offering help. Some of these workers teach classes about how to make a budget, deal with anger, or get other life skills.

The following information must be made available to the social worker when referring an abused person;

  • Victims name
  • Victims address
  • Victims age
  • Location of the victim
  • Personal details and contacts of the person referring the victim
  • Description of the abuse suffered by the victim (if available)

2. Health professionalsAll health professionals and agencies, including those in the private sector, play an essential part in ensuring that abused persons receive the care, support and services they need to recover from the effects of the incidents. The universal nature of health provision means that health professionals have an important role to play in supporting families in need and are often the first to be aware of cases of abuse.When reporting to health professionals and personnel one should provide the following details;

  • their name;
  • their telephone number
  • their relationship to the abused person;
  • any immediate concerns about the victim’s safety;
  • the location of the victim;
  • the victim’s name;
  • the victim’s address;
  • the victim’s age;
  • the name and address of the alleged perpetrator and any other identifying information;
  • when and where the alleged incident took place, if it is disclosed by the victim;
PhysicianThe physician’s role is not to conduct a legal interview or obtain details of the abuse from the victim but rather to:

  • ƒ take a pertinent medical history;
  • ƒ ensure the physical and emotional well-being of the patient;
  • ƒ treat or prevent illness or injury;
  • ƒ accurately record spontaneous disclosure/volunteered information;
  • ƒ obtain and document physical findings consistent with abuse or suspicions of abuse;
  • ƒ inform the child and caregivers about the medical outcome of the examination;

3. NON- GOVERNMENTAL ORGANISATIONSThere are a number of organisations that provide support to abused persons in South Africa. The services offered by such NGO’s include;

  • Counseling
  • Victim protection
  • Legal assistance
  • Court preparation
  • Support groups
  • Important contact numbers

Below are examples of NGO’s that offer support and assistance;

  • POWA
  • Child Welfare
  • Family and Marriage Association of SA
  • Rape Crisis
  • Childline
LEARNING ACTIVITYIdentify organisations that exist in your community offering support services to the following victims of abuse;

  • Sexual abuse of children below the age of 5
  • Abuse of women above the age of 18
  • Abuse of man above the age of 65

2.6 DISCLOSING VICTIMS INFORMATION (US260558 SO 2, AC 4)When a victim discloses that he or she has been abused, it is an opportunity to provide immediate support and comfort and to assist in protecting the victim from the abuse. It is also a chance to help the victim connect to professional services that can keep them safe, provide support and facilitate their recovery. Disclosure means the giving of information. Disclosure is only lawful and ethical if the individual has given consent to the information being passed on. Such consent must be freely and fully given.Confidentiality and sensitivity must be respected when disclosing information about a victim. Inappropriate disclosure of information concerning abuse may endanger or victimize patients further.

NOTEA duty of confidence arises when one person discloses information to another in circumstances where it is reasonable to expect that the information will be held in confidence. This duty of confidence is derived from:

  • common law – the decisions of the Courts
  • Statute law which is passed by Parliament.

Confidentiality is a fundamental part of professional practice that protects human rights.

1. Disclosure to policeSometimes authorities will already be aware of allegations made against a perpetrator and as a result, any individual who have spent time with that person might be approached as part of a police investigation. If you are unsure if an investigation is already taking place, any disclosure made by a victim should be reported to the police.2. Disclosure to support structuresAfter disclosure to relevant authorities, a victim might also need support, advocacy, counselling and assistance to recover from the effects of the abuse. In these instances, disclosure must be done considering the sensitivity of the victim’s situation.3. Disclosing victims information to family and friendsInformation relating to a victim must not be shared with family and friends without the consent of the victim. In terms of the SA Constitution every person has a right to privacy and that right must be upheld and respected.

DISCLOSURE OF INFORMATION BY HEALTH WORKERSThis is where information is shared with other people and/or organisations not directly involved in a person’s care. Nurses and midwives must ensure that the people in their care are aware that information about them may be disclosed to third parties involved in their care. People in the care of a nurse or midwife generally have a right to object to the use and disclosure of confidential information. They need to be made aware of this right and understand its implications. Information that can identify individual people in the care of a nurse or midwife must not be used or disclosed for purposes other than healthcare without the individuals’ explicit consent, some other legal basis, or where there is a wider public interest.Information disclosure to the policeThe police have no automatic right to demand access to a person’s medical records. Usually, before the police may examine a person’s records they must obtain a warrant. Before a police constable can gain access to a hospital, for example, in order to search for information such as medical records or samples of human tissue, he or she must apply to a circuit judge for a warrant. The police have no duty to inform the person whose confidential information is sought, but must inform the person holding that information.Information disclosure in courtIf a nurse or midwife is summoned as a witness in a court case he/she must give evidence. There is no special rule to entitle the nurse or midwife to refuse to testify. If a nurse or midwife refuses to disclose any information in response to any question put to him/her, then a judge may find the nurse or midwife in contempt of court and may ultimately send him/her to prison.
LEARNING ACTIVITYThandi informed Thabo that she was sexually abused by her uncle. Since she trusts Thabo, Thandi told him everything that happened and how she is not coping since the occurrence of the incident.

  1. Which authorities should Thabo report the issue to?
  2. Identify organisations that can support Thandi to deal with the assault.
  3. What information must she disclose to the following people;
  • Community health worker
  • Police
  • His friends and family members.
cidimage003.png@01D87032.75049560 Clifford Legodi | Chief Operations OfficerSayProWebsite: www.southernafricayouth.orgCell: 27 (0) 67 060 4783Email: cliffordStudy and Qualifications www.academy.southernafricayouth.orgOur Company www.southernafricayouth.org

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SayPro is providing international and global opportunities for African youth. Partner with SayPro now by sending an email to info or give us a call at + 27 11 071 1903

Please visit our website at www.saypro.online Email: info@saypro.online Email: info@saypro.online Call: + 27 11 071 1903 WhatsApp: + 27 84 313 7407. Comment below for any questions and feedback. For SayPro Courses, SayPro Jobs, SayPro Community Development, SayPro Products, SayPro Services, SayPro Consulting, and SayPro Advisory visit our website to www.saypro.online[attach 1]

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