The National Prosecuting Authority (NPA) has officially confirmed that no criminal charges will be brought forward in a high-profile rape case involving a minor in Matatiele, Eastern Cape.
The case first emerged in November 2024 when a docket, containing allegations of sexual assault of a 7 year old girl, was submitted to the Matatiele Magistrate’s Court and the Matatiele Thuthuzela Care Centre, a facility specialising in gender-based violence cases.
It was alleged that she was raped on school premises, Bergview College, on 14 October October, while awaiting on school transport to take her home.
But after reviewing the case, prosecutors determined at the time that the evidence presented was insufficient to support a successful prosecution. According to the NPA, interviews and medical examinations conducted with the minor did not yield conclusive evidence of rape or sexual assault.
Following standard protocol, the case was escalated to the Office of the Director of Public Prosecutions (DPP) in the Eastern Cape. Prosecutors at the DPP level reviewed the matter and upheld the initial decision made by the Matatiele team.
The docket was returned to the South African Police Service (SAPS), and no public statement was issued at the time due to concerns about compromising ongoing investigations.
However, in light of renewed public interest and growing outcry since the matter resurfaced in April 2025, the NPA has opted to clarify its position publicly.
This follows countrywide protests after the little girl’s mother took to social media to allege that nothing has been done to investigate her daughter’s rape. The Principal of Bergview College was drawn into the matter and was falsely implicated as a suspect.
READ: Matatiele child rape: Police Minister admits he wrongly accused Principal
Over the weekend, the NPA’s spokesperson, Advocate Mthunzi Mhag,a released a statement to clear the air.
“The NPA can confirm that the decision not to prosecute was based on a lack of sufficient evidence. The docket has since been resubmitted by the police to the DPP’s office for further consideration.”
Meanwhile, AfriForum’s Private Prosecution Unit, who represents both the school’s Principal Jaco Pieterse, and the school’s caretaker (who was also implicated in the matter), says they will ensure accountability for those individuals who falsely accused the two men of rape.
Spokesperson for the Unit, Barry Bateman says they will lay charges against ANC Secretary-General Fikile Mbalula, EFF Leader Julius Malema, the MEC of Education in the Eastern Cape Fundile Gade and others, in the coming weeks.
“It is deeply concerning that it has now been confirmed that the SAPS and NPA were aware of the evidence, or lack thereof, in the case docket in November 2024. This suggests that the subsequent collection of buccal samples constituted an abuse of process.”
He says it’s worrying that Police and the NPA were influenced by public opinion to reopen the matter in April following protests, despite a consensus in November last year that there is no evidence to proceed with prosecution.
“Police detectives should be guided by evidence, not public opinion, because it is the evidence that must persuade a court of law and bring justice to victims of crime, not the irrelevant utterances of anonymous social media detectives.”
Bateman has called on the NPA to hold a media briefing to settle the matter once and for all.
