Action Society demands NPA explain withdrawal of Mfuleni child rape case

Non-profit organisation Action Society has written to the National Prosecuting Authority (NPA) to probe the reasons behind the withdrawal of a rape case against a minor before the trial date.

The case relates to a four-year-old girl from Mfuleni, in the Western Cape, who was allegedly assaulted by her scholar transport driver in October 2023.

The suspects was arrested and remained in custody until last week, when the case was withdrawn by the NPA.

Action Society said it had been following the case closely since last year, when it first heard the driver had been accused .

According to the investigating officer, the suspect allegedly instructed the child to sit on his lap, removed her clothing, and assaulted her.

When he applied for bail, it was denied as the court found a medical examination of the young girl’s injuries to be consistent with the acts he was accused of.

Action Society and the family said that when they went to court last week for the trial, they were told the case had been withdrawn.

Spokesperson Kaylynn Palm said they would be pursuing answers from the NPA.

"This is not a passive observation from the sidelines. This is a direct intervention in a rape case involving a four-year-old child. When a case of this gravity is withdrawn without explanation, it demands immediate accountability," Palm said.

She added that Action Society’s most recent report on violence against children highlighted persistently high levels of child rape and sexual assault, with young children making up a significant proportion of victims.

Palm further said that the withdrawal was equivalent to justice being denied