Cape Mental Health’s Access to Justice Programme: A Lifeline for Survivors with Intellectual Disabilities
For over 30 years, Cape Mental Health, a non-profit organization based in South Africa’s Western Cape, has been a beacon of hope for individuals with intellectual disabilities. At the heart of its mission is a profound belief: these individuals are not merely recipients of care but rights holders deserving dignity, inclusion, and protection. Today, through its groundbreaking Access to Justice Programme, the organization is tackling one of society’s most pressing issues—ensuring survivors of sexual violence, particularly those with intellectual disabilities, receive the justice and support they deserve.
A Broken System, A Vulnerable Population
For many survivors with intellectual disabilities, the path to justice is fraught with fear, stigma, and systemic failures. Keamogetse Mokgadi, Manager of the Access to Justice Programme, explains that these individuals are often intimidated and manipulated by perpetrators. Threats, blame-shifting, and societal biases silence them, leaving many unable to report abuse or describe what happened in ways the legal system demands.
Even when cases are reported, the justice system has historically failed them. Before the 1990s, survivors with intellectual disabilities faced nearly insurmountable barriers in South African courts. Cases were frequently dropped before trial, police struggled to take statements, and prosecutors dismissed survivors as unreliable witnesses. “They were seen as suggestible, not competent to testify,” Mokgadi recalls.
The Turning Point
The Access to Justice Programme emerged from a pivotal moment in the early 1990s when a prosecutor from Wynberg Sexual Offences Court sought the help of Cape Mental Health’s psychologists to assess a complainant with intellectual disabilities. This case led to a successful prosecution, marking a breakthrough in how the legal system engages with survivors. “That was the turning point,” Mokgadi says. “It laid the foundation for the programme.”
Today, the programme operates at the intersection of psychology and law, transforming vulnerability into evidence courts can understand. When a survivor with intellectual disabilities is identified—whether through police reports, prosecutors, or care centers—the programme initiates a rigorous process, including psychosocial assessments, clinical evaluations, and court preparation. Key to this approach is simplifying communication and recommending accommodations, such as intermediaries who bridge the gap between legal language and accessible understanding.
Rethinking Justice
“If someone cannot tell you the days of the week, you cannot ask them what day the incident happened,” Mokgadi explains. Similarly, survivors who struggle with communication cannot be expected to describe complex details, such as the perpetrator’s clothing. The programme assesses three critical areas: intellectual functioning, ability to consent, and competence as a witness. It also advocates for trauma-informed practices, such as avoiding open court confrontations with abusers.
Despite its successes, the programme faces significant challenges. Mokgadi notes that they receive up to 15 referrals weekly, yet a psychologist can only complete two assessments in the same timeframe. This disparity has created a growing backlog, delayed reports, and postponed trials.
The Silent Victims
Many survivors with severe intellectual disabilities cannot articulate that they’ve been abused, let alone report it. “They are the biggest silent victims,” Mokgadi says. Even when cases are reported, justice moves slowly, stretching into years. The emotional toll on survivors, families, and social workers is immense, compounded by language barriers and a shortage of resources.
Yet, there are signs of progress. Courts are becoming more responsive, survivor support is improving, and efforts are underway to make systems more accessible—from simplified communication to dedicated waiting rooms for gender-based violence survivors. For Mokgadi, real change would mean creating a system that people with intellectual disabilities can understand and trust. “Information must be easy to read, visual, accessible to everyone,” she emphasizes.
A Call for Investment
In a country grappling with one of the highest rates of gender-based violence globally, the Access to Justice Programme is more than a service—it’s a lifeline. It ensures that survivors who have long been ignored are finally seen and heard. But its future hinges on investment. Without adequate funding, the programme risks being overwhelmed by growing demand, leaving more survivors in the shadows.
With the right support, this model could be scaled nationally, transforming how entire justice systems respond to vulnerability. As Mokgadi puts it, “Only then can people truly exercise their rights.”
— Reported by Nexio News
