Cwecwe case 'must lead to change in police investigation of rape'

Parliament’s portfolio committee on the police has called out the SA Police Service (SAPS) for its lack of urgency in reacting to rape cases. 

The committee pointed to the case involving a seven-year-old Matatiele girl known as Cwecwe, and said her case should catalyse the police’s rape investigation protocol.

Presenting an update of Cwecwe’s case in parliament on Tuesday, Lt-Gen Tebello Mosikili said the police got 30 statements from staff at the girl’s school, medical personnel who examined her, and children who were with her, including family members.

She said samples were received from all identified people of interest and had been taken for forensic analysis.

Committee member Rebecca Mohlala of the EFF said if the dysfunction in the police was not addressed, the SAPS would continue to remain unaccountable.

“This case must serve as a catalyst for a full parliamentary inquiry into [the] SAP’s rape investigation protocol,” she said, “focusing on the capacity of the family violence, child protection and sexual offences units, the chronic delays in forensic processing, and the collapse of co-ordination with public health services.

“If we don’t confront this dysfunction head-on, if we allow [the] SAP[S] to remain unaccountable, then the blood of future victims will not only stain the conscience of this institution, but that of the entire state.”

Mohlala raised concerns over the six-month delay between a forensic social worker being sent to Cwecwe only on April 9 when the crime had been committed on October 15 last year.

“This shows gross neglect in prioritising forensic assessment, especially in a case involving a minor, where early disclosure is critical for evidence and trauma recovery,” said Mohlala.

National police commissioner Lt-Gen Fannie Masemola said: “A social forensic worker was involved right from the beginning when the investigation started in October. However, we maintain that the involvement of the forensic social worker should not have ended at that point.

“There should have been further progress. Therefore, we reiterate that the forensic social worker must be involved again and ensure that the child is placed in the appropriate institution where they can receive the necessary treatment,” he said.

Mosikili said Cwecwe’s mother refused evaluation and assistance with psychosocial intervention for both herself and the victim, which delayed the finalisation of the case.

“An additional appointment was made for a forensic social worker to see the victim on April 9. The forensic social worker could not get access to [her], as the mother indicated that [Cwecwe] was sick and that she would inform the forensic social worker when [she] was well. The social worker is awaiting the mother’s feedback on the condition of [her daughter] for further engagement with the victim,” she said.

The committee questioned why forensic DNA samples could not be obtained.

Mosikili said the police were confident in the capabilities of its forensic services.

“We believe we have handled this matter with the same level of diligence and professionalism as required by the national DNA strategic plan. If the matter goes to court, the doctors and forensic experts involved will be able to explain why no sample was found, and that explanation will form part of the evidence,” she said.

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