State declined to prosecute in Cwecwe case in November due to insufficient evidence: Mchunu

Police minister Senzo Mchunu says the National Prosecuting Authority declined in November to prosecute in the alleged rape case of a seven-year-old pupil in the Eastern Cape, citing insufficient evidence.

“In the initial report we received from the warrant officer we learnt the incident occurred in October last year and a case was formally opened on October 16 after medical examination of the minor and a session with a social worker.

“Based on what was contained in the docket at that time, the senior state prosecutor declined to prosecute, citing insufficient evidence as the reason and this was in November,” Mchunu said.

After the case was reviewed by various offices, one issue that remained a challenge was related to DNA. 

Mchunu said DNA testing was conducted on the victim according to protocol and the results showed no foreign DNA present. However, three people of interest have since been identified and additional DNA testing was now in progress.

The incident occurred when the girl was waiting for transport outside her private school.

The case has ignited a wave of national outrage, with many South Africans expressing anger about the school’s response and the failure of authorities to act promptly. The hashtag #JusticeForCwecwe quickly went viral on social media, rallying support for the girl and demanding justice.

On Friday Mchunu briefed the media on the case and said the investigation followed the correct processes. He said his ministry appreciated the deep emotional impact the case had on the public.

“However, I must stress that due to the sensitive nature of this case, that is important, and the investigations can't go on at this stage to disclose all the details because they will interfere with the investigations that are going on and are reaching what we consider to be a sensitive stage.

“We're hoping that soon we'll get to conclude the matter, complex as it is,” he said.

National police commissioner Gen Fannie Masemola has deployed family violence, child protection and sexual offences (FCS) unit head Maj-Gen Mmantsheke Lekhele to lead the team dealing with the case, assisted by two colonels specialising in forensic social work in addition to the investigating officer. 

No effort will be spared in bringing the responsible parties to account, Mchunu added. 

“We will continue to support the family and the victim through our employee health and wellness unit including any other aspects related to this case. We assure the affected family of our full support and commitment to this case.”

TimesLIVE