Activists slam NPA for dropping Cwecwe's case over lack of evidence

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Activists and gender-based violence (GBV) advocacy groups have expressed outrage following the National Prosecuting Authority’s (NPA) decision to drop the high-profile Cwecwe rape case, citing insufficient evidence to proceed with prosecution.

The case, which has drawn widespread media attention and public concern, involved allegations of sexual assault that activists say were emblematic of broader systemic failures in how South Africa handles cases of gender-based violence.

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The NPA’s announcement that no one will be prosecuted for Cwecwe’s case has been met with sharp criticism from activists and those demanding justice for survivors.

Dr Shaheda Omar from the Teddy Bear Clinic, a renowned advocate for child and adolescent victims of abuse, weighed in on the matter during an interview with eNCA.

“We are shocked. This can’t be happening, it is not possible,” said Omar. “What came to mind instantly is that, working in the field for 35 years, disclosure is a process. It is important to understand that some children might disclose purposefully after the traumatic incident, some may do so weeks, months, or years later, and some children might not disclose at all.”

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“However, one needs to understand that when a disclosure has been made, there may be inconsistencies in what the victim is saying, and that cannot be considered as something that the child has fabricated. No child would wake up one morning and suddenly decide that ‘I was subjected to this kind of trauma’, so that was shocking for us.”

In April, Police Minister Senzo Mchunu announced there were no witnesses or suspects, and a medical examination found no foreign DNA on the little girl.

“DNA testing was done on the victim as per procedure, and the outcome of those who were dealing with the matter was that no foreign DNA could be found on the victim,” said Mchunu.

The 7-year-old girl, was allegedly raped in October 2024 at the Bergview College school grounds in Matatiele, Eastern Cape.

Omar added that after she worked closely with the Child Abuse Medical Clinic for over two decades, they learned that 80 to 90% of cases after a forensic medical examination, “There is no conclusive, physical evidence confirming that the child has been a victim of sexual trauma, therefore, it needs to addressed cautiously.”

She emphasised the critical importance of supporting survivors throughout the legal process and ensuring that cases are not dismissed without exhausting all avenues of investigation.