CweCwe rape: School caretaker meets with AfriForum

The six-year-old, identified in the media only as CweCwe, was raped in October last year and no arrests have yet been made.

The story grabbed national headlines earlier this year when Pieterse was accused of not cooperating with police by refusing to give a sample of his DNA.

Pieterse was outed on social media by Police Minister Senzo Mchunu, who initially denied doing so but only apologised when legal steps were taken.

Spokesperson for AfriForum’s Private Prosecutions Unit, Barry Bateman, says the caretaker, like Pieterse, has been targeted by people on social media who accused him of being either responsible or complicit in the alleged offence, despite there being no evidence against him.

He says that although the caretaker was also requested to provide a DNA sample, it now appears that the police may not have even considered him a suspect.

Bateman says they are busy preparing a criminal case on behalf of Pieterse against several prominent individuals.

“It is our understanding that besides being asked to provide the DNA sample, the police have not asked him for an affidavit or a warning statement. This only further confirms our suspicion that if there was a rape, it did not happen at the school,” he said.

J88 medico-legal examination

The PPU says it has been a month since the National Police Commissioner, General Fannie Masemola, addressed the Portfolio Committee on Police, saying that in November last year, a senior public prosecutor decided not to prosecute the case due to insufficient evidence. He further stated that no foreign DNA was found on the child or her clothing and that the J88 medico-legal examination was inconclusive.

This raises questions about the South African Police Service’s decision to obtain a buccal sample from any person when there were no DNA analysis results to compare it to.

Bateman says the caretaker said he provided his DNA sample because he wanted to clear his name.

He says Advocate Gerrie Nel, Head of the unit, has again written to the SAPS, arguing that their failure to complete the investigation and announce the findings only prolongs the prejudice suffered by all those falsely accused of the alleged offence.

“The police have a duty to ensure that everyone’s constitutional right to dignity is respected and protected. More so when the police hold the key to putting an end to ongoing violations against innocent people who have been falsely accused of heinous crimes and publicly vilified, allowing them to return to their jobs and communities confident that they have been vindicated," said Nel.

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