South Africa

Mnchunu admits mistake, apologises to school principal for naming him in alleged rape of Cwecwe

Mchunu said as the minister of police, he has been entrusted with "public power", which he must “exercise diligently and responsibly”.

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By Faizel Patel

Police minister Senzo Mchunu has admitted that he “falsely identified” Jaco Pieterse, the principal of Bergview College in Matatiele as a suspect in the alleged rape of a seven-year-old girl and has since apologised to the head of the school.

This was in a letter addressed to AfriForum’s advocate Gerrie Nel earlier this month.

‘Empathy’

In the letter, Mchunu said the matter attracted “much publicity in mainstream and social media”.

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“I have human and personal empathy for your client and any other person who might have been wrongly fingered as a suspect in circumstances where he or they were only persons of interest.

“I categorically state that I never at any stage had an intention to defame your client nor any other person, for that matter. I am prepared to apologise to your client who was incorrectly identified as a suspect in this matter,” Mchunu wrote.

ALSO READ: Justice for Cwecwe: AfriForum slams ‘social media detectives’ as outrage swells

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‘Responsibility’

Mchunu also took responsibility for a statement issued on 29 March by the police ministry in which he identified “three individuals including the school principal” as suspects in the case.

“As the Minister of Police, I take responsibility for the statement in question. I would like to assure you that it was issued in good faith and there was no malicious intent whatsoever.

“I authorised the issuing of the statement on the basis of information I had received and I had no reason not to believe in the truthfulness of the information that was placed before me. It later emerged that this information was inaccurate, a matter that will be addressed internally by the national commissioner of police,” Mchunu said.

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‘Mistakes’

Mchunu added that as the minister of police, he has been entrusted with public power, which he must “exercise diligently and responsibly”.

“I also need to state that in the course of investigating crimes by Saps, mistakes will be committed and no one can say that there will be no mistakes going forward. There is no inherent malice in committing a mistake – human beings are prone to error, even though we strive for perfection all the time.”

Apology welcomed

Pieterse has welcomed Mchunu’s apology and accepted it as the first step towards rectifying the terrible wrong committed against him, his family, and the Bergview College community, which includes the caretaker and the scholar transport driver.

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“The false accusation of rape against me has had devastating consequences on every aspect of my life. Personally, my family and I have suffered immense psychological trauma and threats to our safety and lives, were forced into hiding, abandoning our home, losing peace of mind and normal family life,” he said.

“Too many falsehoods and distortions are still circulating, and it’s time the truth is clearly and publicly acknowledged.”

ALSO READ: Justice for Cwecwe: Activists demand action over child rape case

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Police commissioner

In response to the apology, AfriForum’s private prosecutions unit (PPU) has addressed another letter to the national commissioner of police, General Fannie Masemola.

In the letter, the unit refers to the feedback report presented to the portpolio committee on Police on 15 April, which stated that the J88 medico-legal report on the child was inconclusive and that a forensic social worker met with the child on the day the alleged offence was reported.

The unit also asked the police as custodians of the docket and evidence, to comment on recent reports about a leaked investigation status report, which reveals that a forensic social worker recorded in a report that the child did not suffer any trauma and, in fact, denied she had been the victim of sexual assault.

No sexual assault

According to the letter, Cape Town-based radio station Heart FM reported that the previous social workers report on 8 November 2024 recorded that the “child had denied having being sexually assaulted”, “the child showed no signs of trauma” and that “the child reported suffering from constipation which caused her frequent visits to a bathroom which was treated at a private hospital”.

“Notably, it was reported that the senior state prosecutor, who declined to pursue the case, indicated that there was no prima facie evidence for successful prosecution and that the child wasn’t disclosing an offence.”

ALSO READ: Police clarify comments on DNA samples in Cwecwe rape matter

‘Debacle’

Barry Bateman, spokesperson for AfriForum’s private prosecutions unit, said this “debacle was entirely avoidable”.

“This unfortunate incident has highlighted the importance of following due process and allowing police to conduct their investigation without interference from social media detectives, ill-informed politicians and state officials. Gender-based violence, particularly against children, requires extreme caution where a child’s best interests must be prioritised in all decisions and actions.

“The false allegations against Pieterse and others have hampered the proper administration of justice. Despite being vilified, AfriForum’s Private Prosecution Unit remains undeterred in its objective to ensure that justice is served without fear, favour or prejudice. This apology and vindication have only strengthened our resolve to stand firm in the face of social media disinformation,” said Bateman.

Apology

It’s unclear whether Mchunu’s apology will stem the tide of social media harassment, threats and abuse that Pieterse and his family have faced from “social media detectives” after the mother of the seven-year-old Bergview pupil went public with her accusations.

The alleged rape of the minor, known as Cwecwe, ignited outrage over systemic failures in handling the case involving the child.

Cwecwe’s mother was forced to turn to social media after a child was reported raped in October last year.

Hundreds of people took to the streets of Braamfontein under the banner of “Justice for Cwecwe:.

A nationwide mass shutdown of various departments of education across the country was also planned, including demonstrations to hand over a petition at the Union Buildings.

ALSO READ: KZN man sentenced to life in jail for raping six-year-old neighbour

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