The NPA declined to take action against the Eastern Cape MEC who claimed the Bergview College principal was a suspect in the Cwecwe rape case.
The public outrage has long died down but AfriForum is continuing the pursuit of justice for those whose lives were turned upside by rape allegations at a school in the Eastern Cape.
“Justice for Cwecwe” was the call in March after news broke that a seven-year-old had allegedly been raped at Bergview College in Matatiele in October 2024.
The National Prosecuting Authority (NPA) had in November 2024 declined to prosecute due to a lack of evidence, but the public outcry was unrelenting.
Subsequent parliamentary briefings by police and the justice ministry revealed that the child had claimed to be constipated and that at least three social workers could find no evidence of sexual assault or rape, despite her mother’s insistence.
No suspect ever identified
The briefings also confirmed that no suspects were identified by police as no crime was considered to have taken place.
In reiterating their earlier stance, the NPA confirmed “there is no evidence of rape or sexual assault after the minor girl was interviewed and examined by medical practitioners and forensic social workers”.
However, a caretaker at the school and later the principal faced widespread abuse and death threats after they were publicly implicated in the alleged crime.
Several politicians targeted the principal with public comments and the Portfolio Committee on Basic Education in April held a briefing where it called for a host of reforms and consequences.
AfriForum’s Private Prosecutions Unit (PPU) represented both the caretaker and the principal in opening crimen injuria cases against EFF leader Julius Malema, ANC Secretary-General Fikile Mbalula and Eastern Cape Education MEC Fundile Gade.
“The consequences of the reckless and malicious statements made against me have had an irreversible and devastating impact on every aspect of my life. The trauma and losses I have suffered will take years, if ever, to heal,” stated former principal Jaco Pieterse in June.
Malema and Mbalula cases pending
The NPA has not confirmed a decision on Malema or Mbalula — who also face charges related to Cybercrimes and Intimidation Acts — but on 5 November said it would not be pursuing a case against Gade.
Head of AfriForum’s PPU Adv Gerie Nel stated on Friday that the unit was “overwhelmingly confident” that Gade had smeared Pieterse’s name by falsely labelling him a rape suspect.
“We view this decision as so irrational that we have advised our client to apply for a nolle prosequi certificate to prosecute the matter privately,” said Nel.
A nolle presequi certificate may be requested from the NPA for cases it declines to prosecute and are necessary for private individuals to institute private prosecutions.
“AfriForum’s PPU will send a strong message that there will be consequences for falsely accusing people of committing crimes,” said the unit’s spokesperson Barry Bateman.
The unit is still studying the docket and will submit a formal application for a nolle prosequi certificate in due course, Bateman confirmed.
Jobs lost
The unit has already been successful in securing an apology to Pieterse from suspended police minister Senzo Mchunu, who was also threatened with prosecution.
The PPU asserts that the comments made by politicians “unjustly violated a man’s dignity by accusing him of one of the most heinous crimes”.
Pieterse and his wife both lost their jobs and the family was forced into hiding after receiving death threats.
Hundred of people had protested in the streets of Braamfontein in April and a petition calling for justice amassed almost 700 000 signatures.
NOW READ: Justice for Cwecwe: NPA won’t prosecute, but matter is not closed
