Justice for Cwecwe: NPA won’t prosecute, but matter is not closed

The National Prosecuting Authority (NPA) won’t take the alleged rape of seven-year-old Cwecwe to court, it has confirmed.

It said this is because of insufficient evidence in the case.

“The National Prosecuting Authority (NPA) confirms that in November 2024, a case docket was presented to prosecutors in the Matatiele Magistrate’s Court [in the Eastern Cape] as well as to the case manager at the Matatiele Thuthuzela Care Centre in the Eastern Cape. The docket contained information with suspicions of sexual assault on a minor girl,” NPS spokesperson Mthunzi Mhaga said.

“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.

“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.”

Mhaga said the decision was communicated to the police, and it was returned to them.

However, the police have since resubmitted the docket to the DPP’s office for further consideration.

Social media storm

Cwecwe’s mother turned to social media after her child was reportedly raped in October last year.

The allegations sparked nationwide debate and outrage. The police’s Head of the Family Violence, Child Protection and Sexual Investigations Unit was sent to Matatiele to investigate.

Hundreds of people took to the streets of Braamfontein in Johannesburg in April, calling for “Justice for Cwecwe”. It was one of several nationwide protests.

A petition calling for justice in the matter reportedly amassed more than 670 000 signatures.

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The principal of the school at which the child attended found himself at the centre of controversy after he reportedly refused to provide a DNA sample to investigating authorities.

“The police’s inability to properly investigate this crime and the reluctance to provide meaningful and accurate feedback has led to the dissemination of false and defamatory claims being made by the public, but now also state officials and politicians,” AfriForum’s Gerrie Nel said in a letter to the Matatiele police station commander.

“We are representing him to ensure that he does not fall victim to an abuse of power or that of the social media detectives who make reckless allegations with little concern for allowing the authorities the space to establish the truth of the matter.”

Additional reporting by Faizel Patel

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