AfriForum accuses NPA of playing to public gallery in Cwecwe rape case

AfriForum has accused the National Prosecuting Authority (NPA) of leading “innocent people to be convicted in the court of public opinion” in the alleged rape of seven-year-old Cwecwe in the Eastern Cape.

The lobby group was representing the caretaker and the principal of the Bergview College in Matatiele, where the alleged rape occurred in October last year.

Outrage

The alleged rape of the minor ignited national outrage over systemic failures in handling the case after Cwecwe’s mother was compelled to turn to social media to address the incident involving her daughter.

The NPA has now dropped the case because of insufficient evidence of rape.

ALSO READ: Mnchunu admits mistake, apologises to school principal for naming him in alleged rape of Cwecwe

Concerning

Barry Bateman, spokesperson for AfriForum’s private prosecutions unit, said the finding confirmed the accounts of the school’s principal, Jaco Pieterse, and the school’s caretaker, Malume (pseudonym).

“It is deeply concerning that it has now been confirmed that the Saps and NPA were aware of the evidence, or lack thereof, in the case docket in November 2024. This suggests that the subsequent collection of buccal samples constituted an abuse of process.

“Our assessment of the facts worryingly suggests as the only reasonable inference that the authorities have allowed themselves to be intimidated by nameless and faceless keyboard warriors into investigating a case, despite there being no conclusive evidence of rape or sexual assault included in the docket after examination of the victim. This led to innocent people to be convicted in the court of public opinion,” Bateman said.

Evidence

Bateman added that police detectives should be “guided by evidence, not public opinion”.

“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.

“If the authorities fail to provide a clear explanation of what happened, it may set a precedent in which an aggrieved party with the ability to rally social media supporters, politicians, and lobby groups can direct an investigation and identify the suspects. This would clearly be an abuse of the criminal justice system and has provided an impetus to take action against politicians, social media detectives, and influencers who convicted our clients of rape,” Bateman said.

Last month, Police Minister Senzo Mchunu in a letter addressed to AfriForum’s advocate Gerrie Nel admitted that he “falsely identified” Pieterse, the principal of Bergview College in Matatiele as a suspect in the alleged rape of Cwecwe.

ALSO READ: Justice for Cwecwe: AfriForum slams ‘social media detectives’ as outrage swells