Hermanus case exposes global safeguarding risk

The Hermanus surf school case, initially reported to Koleinu SA in 2021, is on its way to trial. Last week’s confirmation that a pre-trial hearing has begun marks an important legal step not only for the complainants, but for every young person who travels abroad to participate in recreational sporting programmes, gap-year programmes, holiday trips, and residential experiences. 

The accused, a surf instructor offering accommodation linked to his school, faces multiple charges relating to alleged assaults spanning several years. According to prosecutors, international complainants are expected to testify remotely from their home countries. A co-accused is reportedly facing an additional charge. 

Nearly two years ago, survivors first contacted Koleinu SA. At the time, their experiences were documented in an investigative report published by Daily Maverick. Koleinu SA assisted complainants to understand their options and supported them in initiating the legal process that ultimately led to the opening of a criminal case. 

Those disclosures helped move the matter out of silence and into the legal framework, initiating reporting pathways, assisting survivors to navigate jurisdictional barriers, and enabling South African authorities to investigate allegations involving foreign nationals. 

The allegations relate to incidents said to have occurred between 2014 and 2022. Though the accused has denied wrongdoing and the case remains before the courts, the unfolding legal process highlights safeguarding lessons that extend far beyond one individual case. 

One of the most significant challenges highlighted in this matter is that several complainants were foreign nationals who had already returned to their home countries after their experiences. South African criminal procedure generally requires that a complainant be physically present in the country to lay a charge. Reports indicate that the case gained legal traction only once a complainant who was still in South Africa was able to open a case locally. 

This reflects a reality Koleinu SA frequently encounters – that abuse doesn’t respect borders, yet justice systems often do. 

Recent developments confirmed by the National Prosecuting Authority include the possibility that the state may apply for witnesses to testify remotely from their respective countries. Should such an application be granted, it may set an important precedent for handling cross-border sexual-violence cases more sensitively and practically. Though remote testimony may reduce logistical barriers, survivors still require extensive emotional, legal, and practical support to participate in proceedings taking place thousands of kilometres away. 

Another significant challenge emerging in cases of this nature is the difficulty in alerting international booking platforms and tourism sites to potential risks. When allegations take years to be reported or investigated formally, it becomes extremely difficult for platforms to act without an open criminal case or formal findings. During these delays, individuals may continue operating businesses, rebranding accommodation or services, or creating new online identities, making it harder for victims or authorities to track patterns of concern. This highlights a broader global safeguarding gap in which digital marketplaces often lack clear mechanisms to respond to credible safety concerns before legal processes are finalised. 

Survivors frequently delay reporting due to fear, shame, uncertainty about whether they will be believed, and concern about personal and social consequences. When alleged perpetrators operate in environments combining travel, hospitality, mentorship, and authority, these barriers can be even more pronounced. 

Programmes that combine coaching or mentorship, accommodation, and social activities create a power imbalance. Participants are far from home, parents and support networks are far away, and leaders control housing and schedules. These are known safeguarding risk environments, namely settings where dependency increases vulnerability. 

Though communities often focus safeguarding efforts on schools, youth organisations, and religious institutions, this case underscores vulnerability in recreational environments such as sports training, travel programmes, and holiday accommodation. These spaces often include isolation from family, cultural or language barriers, alcohol-fuelled social settings, and blurred professional boundaries. 

Legitimate programmes should provide a written code of conduct and reporting protocols. For young travellers especially, recognising and responding to uncomfortable situations can be extremely challenging. If concerns must be reported to the same person running the programme, reconsider participation. To ensure safety for children under 18 years old, ask whether safeguarding policies exist; whether staff are screened against the National Sex Offender Register and have a police clearance certificate; and whether accommodation is separately managed from coaching staff. If the instructor owns the residence, supervises social activities, and controls daily life, it represents a heightened risk environment. 

Adult travellers should take note of the following safety measures. They shouldn’t rely solely on online reviews. Ratings measure customer satisfaction, not safety. Travellers should maintain external communication channels; share location with family; keep emergency funds for relocation; arrange scheduled check-ins; and know about alternative accommodation options. If outside communication is discouraged, leave immediately. 

Before arrival, research local police procedures, embassy contacts, and support organisations. Many victims delay reporting simply because they don’t know who will believe them or where to go in a foreign country. 

The lengthy timeline between alleged incidents and legal proceedings reflects the emotional and logistical challenges survivors often face. Court processes can be intimidating, particularly for victims living overseas who must revisit traumatic experiences within unfamiliar legal systems. 

The Hermanus case reminds us that abuse can occur in environments that appear relaxed, recreational, or trustworthy. It challenges communities to remain vigilant, to listen carefully when concerns arise, and to treat safeguarding as a shared responsibility. 

Most importantly, it highlights the courage of survivors who came forward, often years later, to seek accountability and prevent harm to others. If silence may cross borders, accountability should too. 

• Wendy Hendler is the co-founder and director of Koleinu SA, the helpline for victims of abuse in the South African Jewish community. The helpline number is 011 264 0341, operating on Sunday to Thursday, from 09:00 to 22:00, and after Shabbat until midnight.