PRETORIA, South Africa – The National Prosecuting Authority (NPA) announced Saturday it will not prosecute anyone in the alleged rape case of a seven-year-old girl from Matatiele, citing insufficient evidence to secure a conviction. The decision comes after months of public outcry and protests demanding justice for the child known as Cwecwe.
NPA spokesperson Mthunzi Mhaga confirmed the decision in a statement released May 17. “No conclusive evidence of rape or sexual assault could be found after an interview and examination conducted on the minor girl,” he said.
The case first came to authorities’ attention in October 2024 when the child was allegedly raped at Bergview College school grounds in Matatiele, Eastern Cape. A formal case was opened on October 16 following medical examination of the minor and a session with a social worker.
By November 2024, prosecutors had already declined to pursue charges. “Based on what was contained in the docket at that time, the senior state prosecutor declined to prosecute, citing insufficient evidence,” Police Minister Senzo Mchunu revealed in April.
The Eastern Cape Director of Public Prosecutions later reviewed the case and upheld the original decision not to prosecute.
A major obstacle in the investigation was the lack of DNA evidence. In early April, Minister Mchunu confirmed that no foreign DNA was found on the victim during forensic testing. “This is a case without witnesses, involving a minor, and as crucial as DNA would be, it would not be complete,” he explained.
Despite identifying three “persons of interest” during the investigation, including the school principal, caretaker, and transport driver, authorities never formally named any suspects. DNA samples were reportedly taken from these individuals, but yielded no conclusive evidence linking them to the alleged crime.
The NPA had previously kept its decision private. “The DPP’s office did not release a public statement regarding their decision at the time. Doing so could have had the potential to compromise any ongoing police investigations,” Mhaga said.
However, the prosecuting authority decided to go public with its decision following intense nationwide interest in the case. The alleged rape sparked widespread demonstrations throughout South Africa in April under the #JusticeForCwecwe movement, with marches taking place in several major cities including Cape Town, Johannesburg, and Pretoria.
On April 1, thousands of students marched to the Western Cape Education Department demanding accountability. Political parties and community members from Soweto also demonstrated at various locations on April 6, culminating at Moroka Police Station.
The case also caused controversy when the Eastern Cape education department temporarily revoked Bergview College’s license, a decision later reversed after consultation with justice and police departments.
Minister in the Presidency for women, youth and persons with disabilities Sindisiwe Chikunga had previously suggested Cwecwe might not be the only victim, calling for broader investigations at private schools. However, no additional victims have been publicly identified.
The NPA’s announcement effectively closes the criminal case, though Mhaga noted that police have resubmitted the docket to the DPP’s office for further consideration. Whether this will lead to any new developments remains uncertain.
The case has highlighted issues within South Africa’s justice system regarding handling of sexual assault cases involving minors and raised questions about school safety protocols nationwide.
