NPA decision not to prosecute in ‘Cwecwe’ child rape case slammed by social justice groups

Soweto residents at the Justice for Cwecwe March at Bara Mall on April 08, 2025 in Soweto, South Africa. It is reported that Cwecwe was raped last year, allegedly on school property at Bergview College in the Eastern Cape. (Photo: Gallo Images / Fani Mahuntsi)

By Tamsin Metelerkamp

18 May 2025

Child survivors of sexual assault experienced a betrayal of trust and a feeling of not being safe in the world, says a child advocacy expert. ‘Whatever the outcome… this child is severely traumatised.’

Social justice organisations have criticised the National Prosecuting Authority’s (NPA) decision not to prosecute anyone for the alleged rape of seven-year-old *Cwecwe from the Eastern Cape town of Matatiele, calling for a review of the police investigation.

Social justice organisations have described the NPA’s decision as a failure of justice.

The alleged assault took place in October 2024, with a case docket opened in November that year. In April 2025 the case was spotlighted in a series of media reports, sparking widespread outrage over the seeming lack of progress in identifying a suspect.

Advocate Mthunzi Mhaga, the NPA’s national spokesperson, confirmed in a statement on Saturday, 17 May that a docket for the suspected assault was presented to prosecutors at the Matatiele Magistrates’ Court, as well as to the case manager at the Matatiele Thuthuzela Care Centre, in November 2024.

“The prosecutors assessed the contents thereof and concluded that there was insufficient evidence upon which a successful prosecution could be instituted, as no conclusive evidence of rape/sexual assault could be found after an interview and examination conducted on the minor girl,” said Mhaga.

“The Eastern Cape Director of Public Prosecutions (DPP) later called for the docket, and the prosecutors in the DPP office relooked at the matter and confirmed the decision made by prosecutors in Matatiele.”

The NPA’s decision was communicated to the police officers who submitted the docket, and it was returned to them, according to Mhaga. He added that the DPP’s office didn’t release a public statement with regard to its decision at that time, because “doing so could have potential to compromise any ongoing police investigations”.

Read more: ‘Cwecwe’ rape case — ‘complex’ investigation could have been elevated to senior cops sooner, says Mchunu

Read more: SAPS appoints top cop to Matatiele child rape investigation as justice campaign gains momentum

“However, in view of the public outcry and interest generated since the matter resurfaced in April 2025, the NPA has decided to communicate the decision of the prosecutors in the Eastern Cape Division. We can also indicate that the police have since resubmitted the docket to the DPP’s office for further consideration.”

Brigadier Athlenda Mathe, SAPS national spokesperson, confirmed that the head of the Family Violence, Child Protection and Sexual Investigations Unit had concluded the investigation into Cwecwe’s case and resubmitted the docket to the Eastern Cape DPP.

“If there are any changes or new developments, we will take it forward,” Mathe said.

Cwecwe rape Soweto residents at the Justice for Cwecwe March at Bara Mall on 8 April 2025. (Photo: Gallo Images / Fani Mahuntsi)

Complicated case

Luke Lamprecht, the head of advocacy for Women and Men Against Child Abuse, described Cwecwe’s case as “very complicated”.

“They don’t have a disclosure of who actually hurt her… The second problem appears to be that there are some challenges around the medical evidence, and my understanding of the challenges was that they did not get sufficient or proper or analysable DNA,” he said.

In the parliamentary meeting on 15 April, the presentation by the SAPS stated that the results of the sexual assault evidence collection kit for Cwecwe indicated that there was no foreign DNA found on her or her clothes.

Child survivors of sexual assault experienced a betrayal of trust and a feeling of not being safe in the world, especially since their abusers were “almost never strangers”, said Lamprecht.

“The second component… is obviously how the system treats you, and that’s what we call a secondary trauma... The secondary victims are, for example, the parents, and those parents now are being victimised by the system, and they have to care for the child,” he continued.

“Then when the cases are not prosecuted… you have a scenario where the child is saying... ‘So much for children’s rights in this country. Even when I am harmed, and even when I have parents who are trying to protect me, the country can’t protect me. The system can’t protect me.’ So, that gives you a gradual sense of mistrust of the entire world, basically.”

Lamprecht noted that in some other child abuse matters he had dealt with, the cases took many years to go through the court system, which was “extremely child unfriendly”.

Referring to Cwecwe’s case, he said: “Whatever the outcome… this child is severely traumatised... and everybody in the community knows. Now, she lives as this person who is identified as victim of sexual assault, and we know how people treat victims of sexual assault in society.”

Protesters at the Justice for Cwecwe March at Bara Mall in Soweto on 8 April 2025. (Photo: Gallo Images / Fani Mahuntsi)

Systemic failures

While there were initial suggestions that the alleged assault of the seven-year-old occurred in a classroom at Bergview College, an independent school in Matatiele, this was later brought into question.

Daily Maverick previously reported that AfriForum’s advocate Gerrie Nel, representing the principal of Bergview College, Jaco Pieterse, believed the child was raped at a party, not at the school. SAPS has confirmed that Pieterse was not a person of interest in the case.

Social justice organisation Forum for South Africa (Fosa) said it was “deeply perturbed” by the NPA’s decision not to prosecute in the case, as this “defeats the purpose of fighting against statutory rape and protection of children”.

“Fosa is of the view that the delay in investigation deliberately contaminated the case, [and] as a result the perpetrators went scot-free,” it said.

In a parliamentary meeting about the case on 15 April, SAPS officials said there had been challenges in accessing the victim, Cwecwe, earlier in the month, as her mother had indicated she was sick.

According to Fosa, its national leader, Tebogo Mashilompane, had a recent phone call with Cwecwe’s mother, in which she said she had “never refused [access] with the child – what she required was something in black and white, but that was not provided by the police”.

“On the issue of whether there was evidence that the child was raped, the mother said the child was examined by a practising doctor and it was found that Cwecwe was… raped,” Fosa said.

The organisation added that Cwecwe’s case showed that it was difficult for survivors of rape to report assaults.

“Our demand is that the minister of police and head of NPA must address the nation on this matter: on the failures, challenges and the way forward. Lack of prosecution and proper investigation by the police in this case will continue to erode public trust when [it comes] to law enforcement agencies,” it said.

Not In My Name International, a social justice nonprofit with a focus on gender-based violence, said it was “dismayed” by the NPA’s decision not to pursue charges in Cwecwe’s case.

“We demand an immediate, transparent review of the investigation and urge the NPA to reconsider its position. Justice cannot be deferred when a child’s safety and dignity are at stake. Accountability is non-negotiable – not only for the victim’s healing but as a deterrent against future atrocities,” it said.

Daily Maverick asked SAPS about the resubmitted docket for Cwecwe’s case and its response will be added when it becomes available.

AfriForum welcomes NPA decision

AfriForum’s Private Prosecution Unit said it welcomed the NPA’s confirmation of the decision not to prosecute due to insufficient evidence, as the finding confirmed the accounts of its two clients – *Malume, a caretaker at Bergview College, and Pieterse.

“Considering the latest developments in this case, the unit also reaffirms its commitment to ensure accountability for those individuals who falsely accused Pieterse and Malume of rape and will lay charges against Fikile Mbalula (secretary-general of the ANC), Julius Malema (EFF leader), Fundile Gade (MEC of education in the Eastern Cape) and others in the coming weeks,” said the unit.

According to the unit, Pieterse, Malume and other staff who were on the school premises on the day the alleged rape took place have stated that it did not take place at the school.

Barry Bateman, spokesperson for the unit, urged the NPA, SAPS and other criminal justice system bodies to communicate this finding and its rationale to the family and the public in order to put an end to the “ongoing false allegations against Pieterse and Malume”.

Bateman claimed that the case had shown “what appears to be the state’s weakness to external interference in investigations, when it should have been guided solely by the evidence in the docket”, and that this had allowed “innocent people to be convicted in the court of public opinion”.

“Police detectives should be guided by evidence, not public opinion, because it is the evidence that must persuade a court of law and bring justice to victims of crime, not the irrelevant utterances of anonymous social media detectives,” said Bateman. DM

*Cwecwe is a pseudonym created to protect the identity of the rape survivor.

*Malume is a pseudonym provided by AfriForum’s Private Prosecution Unit to protect the identity of its client.

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Complicated case

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AfriForum welcomes NPA decision