Lobby group AfriForum says the National Prosecuting Authority (NPA) decision not to prosecute University of Cape Town (UCT) law professor Pierre de Vos in 2022 for allegedly distributing child pornography was irrational.
On 11 September 2022, De Vos retweeted a video clip of a young boy who could be seen being sexually abused by an adult man on his X account (formerly Twitter). On 18 September, he took to X and said his account was hacked and tweeted porn. He then deleted the tweets and said he had changed his password.
NPA REOPENS CHILD PORNOGRAPHY CASE AGAINST PIERRE DE VOS
At the time, AfriForum Youth said it would file complaints against De Vos with the South African Police Service (SAPS) in accordance with section 19A(4) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007), as well as the provision against the distribution of child pornography in the Film and Publication Act (65 of 1996, as amended).
On 21 September 2022, the complainant, who was a representative of AfriForum Youth at the time, reported allegations of contraventions of the Films and Publications Act to the Humewood police station.
Equally, on 28 September, De Vos opened his own criminal case where he alleged his social media account had been hacked.
Through a Promotion of Access to Information Act (PAIA) application, AfriForum’s Private Prosecution Unit obtained the docket in the case filed by the AfriForum Youth representative. It consisted of one statement drafted by the complainant to register the case, and another unsigned electronic statement by De Vos.
‘NUMEROUS INVESTIGATIVE FAILURES’
The lobby group said among the investigation’s shortcomings, its unit noted that the police did not obtain De Vos’s cellphone data, mobile service provider records, internet service provider records, social media records, statements from several people, including the “technical expert” he claims to have consulted, and expert analysis of all this data and information.
Meanwhile, in a letter dated 21 November, Deputy Director of Public Prosecutions in the Eastern Cape, advocate Indra Goberdan, said that her office has instructed SAPS to comply with outstanding investigations and the relevant prosecutors have been requested to provide reports in respect of the decision that was taken.
“This office will be in a position to review the decision [not to prosecute] when the above-mentioned aspects have been finalised,” she said.
WAS THE UCT PROF’S STATUS THE REASON WHY NPA DID NOT PROSECUTE?
AfriForum private prosecution unit spokesperson Barry Bateman said the NPA’s response confirmed the unit’s contention that the decision not to prosecute was premature, irrational and based on an embarrassing and deliberately incomplete investigation.
“The NPA were so blinded by the status of the suspect that it may have overlooked the purpose behind offences of this serious nature. The focus remains the protection of children but includes the protection of society against the distribution of sexually explicit deeds against children,” Bateman said.
DO YOU THINK UCT SHOULD’VE TAKEN ACTION AGAINST PIERRE DE VOS?
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