By Lehlohonolo Lehana.
The National Prosecuting Authority (NPA) announced its decision not to prosecute anyone in the Cwecwe sexual assault case, citing insufficient evidence.
The case, initiated in November 2024, involved allegations of sexual assault on a minor girl, with a docket presented to prosecutors in Matiatiele Magistrates’ Court and the case manager at the Thuthuzela Care Centre in the Eastern Cape.
The case attracted wide spread attention in March this year, and national outrage sparked widespread protests.
NPA national spokesperson Advocate Mthunzi Mhanga says following thorough interviews and medical examinations of the child, prosecutors found no conclusive evidence to support a rape or sexual assault charge.
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.
Last month, Police Minister Senzo Mchunu announced that there were no witnesses or suspects and a medical examination found no foreign DNA on the little girl.
Although DNA samples were taken from individuals of interest, no foreign DNA was found on the child’s clothing and, therefore, no suspect has been identified.
Masimanyane Women’s Rights International Farida Myburgh said, this will further discourage victims of sexual assault from reporting to authorities.
“Something went wrong in the investigating process, and that mother that is there with her child and the child is traumatised; the child needs psychological support. The mother needs psychological support as well, and for us, it’s shocking because, at the end of the day, there are injustices that are apparent here in withholding this decision for several months. I must say that it’s deeply concerning. How will people go to the authorities with confidence or report to the NPA or police when they are raped if the investigations found no evidence.”
Eastern Cape Social Development MEC Bukiwe Fanta has urged NPA to reconsider their position and conduct a comprehensive review of all evidence and circumstances surrounding the case.
“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,” she added.
The Department of Social Development has maintained its involvement in the case, continuing to offer support services to the victim and her family through partnerships with local organisations and child protection agencies.