AfriForum to lay charges against those who 'falsely accused' Bergview College principal of rape

19 May 2025 - 16:44
By Innocentia Nkadimeng
People across the country took to the streets protesting against gender-based violence after allegations that the girl known as Cwecwe was raped. File photo.
Image: Thapelo Morebudi People across the country took to the streets protesting against gender-based violence after allegations that the girl known as Cwecwe was raped. File photo.

AfriForum's private prosecution unit is planning to lay charges against individuals who accused Bergview College principal Jaco Pieterse and the school's caretaker of raping a seven-year-old girl known as Cwecwe.

This is after the National Prosecuting Authority (NPA) dropped the case.

The individuals include ANC secretary-general Fikile Mbalula, EFF leader Julius Malema and Eastern Cape education MEC Fundile Gade.

The NPA said there was insufficient evidence to support a successful prosecution in the case due to lack of conclusive evidence of rape or sexual assault after an interview and examination of the minor girl.

AfriForum's unit welcomed the NPA's decision but demanded that the NPA and police provide a clear explanation for dropping the case to put an end to false allegations against the principal and the caretaker.

“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,” the unit's spokesperson Barry Bateman said.

The school principal, whom the unit represents, was criticised for refusing to submit DNA samples to the police as one of the suspects. Mbalula was one of the people who accused AfriForum of protecting a rape suspect.

The unit believes the authorities allowed external interference in the investigation, rather than being guided solely by the evidence.

“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 being convicted in the court of public opinion,” Bateman said.

Bateman said police detectives should be guided by evidence, not public opinion, to ensure justice is served.

“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.”

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