#JusticeForCwecwe dealt a blow by NPA's refusal to prosecute

EASTERN Cape Social Development MEC Bukiwe Fanta has called for the National Prosecuting Authority (NPA) to review its decision not to prosecute anyone over the rape of a seven-year-old girl in Matatiele.

"The decision not to prosecute sends a troubling message about our commitment to justice for victims of sexual violence, particularly our children. We cannot allow such acts to go unpunished, as this undermines the very fabric of our society and the safety of our children," said Fanta

Her remarks were in response to the NPA’s decision refusing to haul anyone before the courts over the Cwecwe matter. 

In its statement, the NPA explained that the case docket was initially submitted in November 2024 to prosecutors at the Matatiele Magistrate’s Court, as well as the case manager at the Matatiele Thuthuzela Care Centre. 

After reviewing the evidence, prosecutors concluded that there was insufficient basis to proceed with a prosecution.

The assessment followed an interview and medical examination of the minor, which did not yield conclusive evidence of rape or sexual assault.

Subsequently, the Eastern Cape Director of Public Prosecutions (DPP) requested the docket for further review. After reevaluating the case, prosecutors in the DPP’s office upheld the initial decision made by the Matatiele team.

NPA national spokesperson Advocate Mthunzi Mhaga said that this outcome was communicated to the police, who had submitted the docket, and it was returned to them.

"At the time, the DPP's office did not issue a public statement, citing concerns that it could jeopardise ongoing investigations," he explained.

"However, given the public outcry and interest generated since the matter resurfaced in April 2025, the NPA has decided to communicate the decision of the prosecutors in the Eastern Cape Division. We can also indicate that the police have since resubmitted the docket to the DPP’s office for further consideration," Mhaga said.

Fanta said the case, which has drawn significant public attention and condemnation, raises critical concerns about the protection of vulnerable children in South Africa.

"We need to ensure that every child feels safe and supported, and that perpetrators of such heinous crimes are held accountable. It is essential for the healing of the victim and the broader community…

"As a society, we must come together to protect our children and ensure they have the support they need to recover from trauma," said Fanta.

She  said the Department of Social Development continues to collaborate with local organisations and child protection agencies to provide support services for the victim and her family. 

"We must prioritise the well-being of the child and ensure she receives the necessary care and support during this challenging time," said MEC Fanta.

Cape Times