AfriForum’s advocate Gerrie Nel has condemned the Eastern Cape police force for what he called the unsatisfactory management of the investigation into the rape of seven-year-old Cwecwe at Bergview College in Matatiele, saying police have been hunting for suspects in the wrong place.
Nel, who leads AfriForum’s Private Prosecution Unit, wrote in a letter addressed to the provincial police commissioner this week that the child was most likely not assaulted at Bergview College, where she was a pupil, but rather at a community party. He is representing the school’s principal, who police reportedly asked for a DNA sample, although they have not formally identified him as a suspect.
In the letter, Nel states that the victim's mother had repeatedly publicly provided information that the child did not complain of any injuries on the day in question, or the following day, before and after school.
"The first complaint of pain related to her anus and an urge to go to the bathroom was reported during a party attended by the community that evening of 15 October 2024.
"The child woke up several times during the night due to the extreme pain she was suffering. It was only on the morning of 16 October 2024, when the child could not walk, that the mother examined her child and discovered she had suffered extreme anal trauma," his letter reads, quoting Cwecwe's mother's account of what happened.
The child’s mother claims her daughter was raped at school after being asked to clean a classroom.
However, Nel argues that the timeline of events and medical evidence do not support this version. He said that if the assault had occurred at school on October 14, 2024, the severity of the injuries would have prevented the child from attending school and participating in daily activities for more than 24 hours before showing signs of trauma.
Nel accused senior government officials, including ANC secretary-general Fikile Mbalula, Police Minister Senzo Mchunu, and Eastern Cape Education MEC Fundile Gade, of spreading misinformation by labelling the principal a suspect. He announced that defamation lawsuits would be filed against them.
The school’s internal investigation, which included testimonies from staff members, found that the educator had no contact with the child on the day in question. The school has three campuses, and the principal is on a different one to that attended by the child, according to AfriForum. A meeting between the school and law enforcement officials also reportedly confirmed that he had not been officially identified as a suspect.
Community activist Anele Mda dismissed Nel’s involvement, accusing AfriForum of obstructing justice.
Meanwhile, Johannesburg-based auditor Raymond Mayekisa has been fundraising to support the child’s medical expenses as the medical bills for the child’s injuries were extensive and the mother said she would have to sell her car as her medical aid was exhausted, additionally called for a pro bono lawyer to represent the family.
Criticism of local law enforcement continues, with community members accusing the police of inefficiency since the rape happened six months ago.
“Here in Matatiele, you need power and money to resolve a case,” said Mayekisa, adding that people around the country have taken to the streets in protest and started social media campaigns, particularly TikTok, due to slow police action.
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