Rape kit crisis: Concerns raised over rape kit shortages in Western Cape police units

Tracy-Lynn Ruiters|Published

Concerns about rape kit shortages have once again been thrust into the spotlight in the Western Cape following explosive allegations that several specialised police units tasked with investigating rape and child sexual abuse cases may be operating with critically low and in some instances allegedly no forensic kits.

The concerns were formally raised in a letter addressed to Acting Police Minister Firoz Cachalia by DA MP Nicholas Gotsell following oversight visits to Family Violence, Child Protection and Sexual Offences (FCS) units across the province.

According to Gotsell, unannounced oversight inspections conducted on May 14 and 15 at FCS units in Nyanga, Delft, Bellville, Mitchell’s Plain, Caledon and Hermanus revealed critically low stock levels of adult D1 rape kits, with fewer than 10 kits allegedly available at each facility.

More concerning, however, was the allegation that no D7 rape kits for children were available at any of the units inspected.

The units service some of the province’s most vulnerable communities, including Nyanga, Gugulethu, Philippi, Manenberg, Samora Machel, Delft, Belhar, Mitchell’s Plain, Strandfontein, Grabouw, Swellendam, Barrydale and Struisbaai.

In his letter to Cachalia, Gotsell described the findings as “deeply alarming”, warning that the alleged absence of child rape kits at specialised FCS units pointed to a possible failure in supply chain management that could directly prejudice survivors of gender-based violence and compromise the collection of time-sensitive forensic evidence.

“This raises profoundly serious concerns regarding the Western Cape SAPS’s ability to properly respond to and investigate child rape and child sexual abuse cases,” Gotsell wrote.

He further warned that the situation was especially concerning in rural and geographically isolated areas where survivors may need to travel several hours to alternative facilities.

“Any delay in the collection of forensic evidence in rape and sexual assault matters severely undermines the prospects of successful prosecution and justice for victims,” the letter stated.

The DA MP requested urgent intervention from the Acting Minister and called for detailed information relating to rape, child sexual abuse and GBVF-related matters handled in the policing areas serviced by the affected FCS units from April 1, 2026, to date.

Among the information requested were whether forensic evidence had been collected within required timeframes, whether rape kits were available and utilised, whether evidence was submitted for forensic analysis, and whether arrests and prosecutions were underway.

Responding to Weekend Argus queries, Cachalia’s spokesperson, Kamogelo Mogotsi, confirmed receipt of the correspondence.

“The Ministry has received the letter; same is still to be presented to the Minister whereafter there will be an engagement with the Department,” Mogotsi said.

Meanwhile, chairperson of Parliament’s Portfolio Committee on Police, Ian Cameron, said the issue had already been raised during the police budget vote debate in Parliament following oversight findings uncovered by the committee.

“In Parliament during the police budget vote, I raised what our oversight visits exposed,” Cameron said.

“Specialised FCS units, responsible for investigating rape and sexual offences, were operating without rape kits.”

Cameron claimed Nyanga FCS allegedly had no rape kits available, while Stellenbosch and Mitchell’s Plain FCS units reportedly had no child rape kits available as recently as May 15.

“If there is no rape kit, it can literally be the difference between a rapist being put behind bars or being allowed to walk free,” he said.

“It can mean that a child who was violently raped, whose dignity was stolen, cannot see justice because SAPS does not have the tools needed to investigate properly.”

He further criticised what he described as a disconnect between government rhetoric on GBVF and the realities faced on the ground.

“GBVF cannot be declared a national disaster in speeches while victims are failed at the point where evidence must be collected,” Cameron said.

Reacting to the allegations, Ilitha Labantu spokesperson Siya Monakali said the organisation was deeply concerned by the reported shortages, particularly the alleged absence of D7 rape kits used in cases involving children.

Monakali said the findings raised alarming concerns regarding the readiness and capacity of specialised SAPS units to effectively respond to rape, child sexual abuse and broader gender-based violence matters.

“There is particular concern that many of the areas serviced by these FCS Units continue to record some of the highest reported rates of rape and sexual assault in the province,” he said.

“The reported shortages therefore raise serious concerns regarding the ability of the criminal justice system to adequately respond to the scale of violence experienced within these communities.”

He stressed that forensic evidence collection in sexual offence matters was both critical and time-sensitive, warning that delays in accessing appropriate forensic resources could severely undermine investigations, weaken prosecutions and compromise survivors’ access to justice.

“This concern is particularly severe in rural and geographically isolated communities where alternative facilities may be several hours away,” Monakali said.

He further warned that while government had repeatedly acknowledged GBVF as a national crisis and introduced legislative reforms aimed at strengthening protections for survivors, such commitments had to be matched by functioning systems and adequately resourced institutions on the ground.

“Specialised FCS Units cannot effectively fulfil their mandate without the forensic tools necessary to investigate these crimes,” he said.

Monakali added that the reported shortages raised broader concerns regarding institutional accountability, procurement failures and the prioritisation of GBVF responses within law enforcement structures.

“This issue has been raised previously, yet the same concerns continue to emerge. It cannot be business as usual while critical forensic resources remain unavailable in communities experiencing some of the highest rates of rape and sexual violence in the province,” he said.

He said serious questions needed to be asked about the underlying causes of the recurring failures, warning that survivors continued to bear the consequences of institutional shortcomings.

“For children, the consequences are particularly severe. In many cases involving child sexual abuse, perpetrators are often individuals known to the child, including family members, neighbours or trusted individuals within the community,” Monakali said.

“This makes the need for an immediate, survivor-centred and properly resourced response absolutely critical. When institutions fail to respond effectively in these matters, survivors are not only denied justice, but may also be retraumatised by the very systems meant to protect them.”

Crime fighter and women and children’s rights activist Lucinda Evans said the allegations reflected a repeated failure by authorities to prioritise survivors and ensure accountability.

“You know, I think are backe where we were in 2025, when the same issue was raised that there were not enough rape kits,” Evans said.

“And then at that point, all of us asked what accountability issues should be put in place as NGOs.”

Evans said the reported shortages were “defeating the end of justice”, arguing that the failure to ensure forensic kits were available amounted to a serious dereliction of duty.

“The provincial commissioner of the Western Cape Police Services should actually be arrested for the dereliction in doing his duty in ensuring that this necessary evidence is available for rape survivors, children and also adults,” she said.

“The fact that there’s no rape kits has a huge impact on just the investigation.How would the FCS be able to do their work if these things are not there?”

She blamed what she described as poor management and a lack of accountability within SAPS leadership structures.

“I believe it is not  just an issue of mismanagement or poor management on the part of the provincial commissioner, but everybody else which is under him that is not able to keep their finger on these things,” Evans said.

“They are not able to see the seriousness that there should always be rape kits knowing how the situation is in this country.”

She further highlighted the challenges children already face within the justice system.

“We already know how the justice system is treating children as not credible witnesses because younger children cannot put chronological order in time and timelines,” Evans said.

“And I think it’s such an indictment once again on gender-based violence. It’s literally back in the faces of survivors, knowing that the president has made a proclamation that gender-based violence is a national disaster.”

Evans also questioned whether existing rape kits at facilities were still within expiry dates.

“We don’t even ask those that are there, are they expired or are they still on date?” she said.

“So my first response is, you know, we should open up a case against the provincial commissioner of the South African Police Service.”

She further urged survivors and families affected by alleged forensic failures to pursue legal action.

“I would like to tell every survivor whose case was withdrawn because of a DNA kit, you know what? Go and do a civil class action against the provincial commissioner of the South African Police Services,” Evans said.

“Take them to court, really. And families who have been struggling forever to ensure that family members get justice, you know what, take the South African Police Services to court, sue the provincial commissioner in his personal capacity and sue him also in the capacity of the South African Police Services.”

The latest allegations come months after similar concerns were raised around rape kit shortages, expired forensic kits and alleged inconsistencies in reporting during oversight visits conducted in late 2025.

Weekend Argus has directed questions to SAPS nationally regarding whether the alleged shortages can be confirmed, what caused the apparent lack of supply, and what urgent measures are being implemented to restore stock levels.

Questions were also posed on whether any rape, child sexual abuse or GBVF-related investigations may have been compromised due to alleged shortages or delays in forensic evidence collection.

By deadline, SAPS had not responded to requests for comment.

[email protected]

Weekend Argus

Tracy-Lynn Ruiters
iol.co.za

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