The girl, who was allegedly raped in February, only told her mother about the rape three months later when her mother questioned her about her poor performance in school.

North West police spokeswoman Captain Adele Myburgh confirmed that they were investigating a complaint of rape against the teacher.

She said the girl was walking home from choir practice when she was allegedly offered a lift by the teacher. The teacher then allegedly told her he needed to stop at his house.

Once in the house the teacher allegedly told the girl it was late and that he would take her home in the morning.

"She slept in a separate bedroom but during the night the teacher allegedly went to her room and raped her," Myburgh said.

Bayanda Zenzile of the North West department of education said she was not aware of a rape charge against the teacher and could only comment on what was known to the department, namely a charge of defamation which the teacher laid against the girl.

She said: "The teacher opened a case of defamation of character against the child. As far as we are concerned he remains innocent until proven otherwise. We'll wait for the outcome of the court case."

North West police spokesman Brigadier Thulani Ngubane confirmed on Friday that the teacher had opened a case against the child on May 7, which he withdrew on May 14.

Hope Mokgatlhe, national education spokeswoman, said: "We cannot suspend him based on the allegations against him."

The child's sister denied that she made up the rape claim.

"How could a child make up such a lie? It was not a good environment for her to study and we have decided that it would be better if she stayed at home. We'll look for another school next year," she said.

Lisa Vetten, a researcher and policy analyst for the Tshwaranang Legal Advocacy Centre, said: "The department must ask themselves if they are acting in the child's interest, and clearly they are not.

"There has to be a better balance struck between the child's rights and the teacher's. Waiting for the judicial process, which could take years, could jeopardise the child's future. - selebim@sowetan.co.za

• This article was first published in the printed newspaper and eEdition on 10 September 2012. Click on this link to view the eEdition

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Thu May 23 21:20:26 SAST 2013 ::

Sep 11, 2012

Kgaoza606

Very much unlikely that a 13 year old can make up such a story, on the other hand what were the parents thinkin with a child not coming back home on that fateful night... Very tricky situation here...
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Sep 11, 2012

KGS000

This punk @ss is gonna claim it was consensual, lets teach our children not to trust anyone please irrespective gore ke mang pls
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Sep 11, 2012

Mosquer

Bana ba matšatši a o ka se ba tshepe maan.
My worry is how did the parents acts when the child did not return home that night?
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Sep 11, 2012

sekhebereshe

our government fails abused children the most!
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Sep 11, 2012

McCountryMan

omojele serious, this teacher they have a SLOGAN that goes like this: omongwe le omngwe o ja se a bereka ka sona, if i work at bakkery ke ja boroto, if ke bereka ko dairy products ke tla ja Danone/milk, ga ke bereka ka bana ba sekolo ke tlaja bana ba sekolo.

Gulity Gulity till proven innocent
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Sep 11, 2012

masenya

u c,the problem is children of today,@ the age of 13,she just look like her mom,i mean big bum ,fresh thighs ,matswele le ona,and they for old timmas
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Sep 11, 2012

KatakataEmaotoAditshepe

This's not fair the teacher must be suspended.
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Sep 11, 2012

clevergirl

not fair @ all,da poor kid`s ryts r bin compromisyd.if da teacher didnt do it,y da hel did he drop da charges?go nkga lefotha mo,da dept nids 2 act,frm wer i am standin da teacher is guilty,n da dept is protecting him.
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Sep 11, 2012

malemaforpresident

Bana ba le bona ba rata mareete e sale bana maaan why didnt she report the incident as early as possible aaag o utlwile monate
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Sep 11, 2012

Bahaeso

The girl's future is ruined. She will find it difficult to trust any male person. The department needs to organising counselling for the kid and get her into an alternative school. A detector test must be administered against the child and the teacher, thereafter a thorough interview be conducted to establish the facts. The justice system of proving rape, especially against children is not good. What it does it puts the child under more trauma. Gen Phiyega must have a serious look at issues like these.
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