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The South African
6 days ago
- Health
- The South African
Death penalty for ultra-violent crimes against our children?
It's Child Protection Week. Let's talk about the death penalty. Or at least talk about holding an emergency referendum on whether South Africa should reinstate capital punishment for – if nothing else – hardcore violent and violating crimes against our children, including kidnapping and trafficking. Child Protection Week is happening at a time when the world's spotlight is once again upon us (as if we hadn't had enough by now) for all the wrong reasons – including the growing rampant scourge of violence and abuse against children (and women) in this country. In just the past month South Africa has been snowed by a spate of unspeakable violent crimes against women and children, reigniting that ancient, divisive, incendiary argument and public debate on capital punishment. And many by now are asking the big overdue question: Is it time to bring back the death penalty? Here are just a few headlines and cases of violent crimes against children in SA that have surfaced, shocked and enraged the nation – and the world – over the past few weeks alone. Last Thursday, 29 May, the Western Cape High Court sentenced Racquel 'Kelly' Smith and her two co-accused, boyfriend Jacquin 'Boeta' Appollis and Steveno van Rhyn to life imprisonment and ten additional years for kidnapping and trafficking Smith's 6-year-old daughter, Joslin. The sentencing comes after, on 2 May this year, the court found Smith guilty of selling Joslin to a sangoma (traditional healer) for R20,000 who was interested in the child's striking green eyes and fair complexion. (Ponder on that…) Joslin Smith is still missing. Of course, if by now Joslin has been (insert worst-case scenario here) Kelly Smith and her co-accused are complicit and culpable in that too. The country was still reeling from the disappearance and hunt for Joslyn when the case of Cwecwe emerged and enraged the nation. On 14 October 2024, seven-year-old 'Cwecwe' was (initially) reportedly raped at her school, Bergview College, in Matatiele, Eastern Cape, while she was waiting for her transport. Thousands of citizens and dozens of celebrities came out in support of the child. 'Justice for Cwecwe' was trending. Unfortunately, the investigation was bungled when the police authorities falsely accused the principal of the school of the crime – which led to the school being deregistered by the Eastern Cape Department of Education before an investigation was completed. AfriForum advocate Gerrie Nel, who is representing the principal of Bergview College, believed the child was raped at a party, not at the school. What's further enraged the country is the fact that the investigation into Cwecwe's case has been dropped by the National Prosecuting Authority, due to 'lack of evidence'. The NPA's announcement on 17 May that no one will be prosecuted for Cwecwe's case has been met with sharp criticism and protests from activists and the public. On the 13 May, eleven-year-old Jayden-Lee Meek went missing after he failed to return home from school. The child's scholar driver assured the family that Jayden was dropped off at the gates of his complex in Fleurhof, Johannesburg while his mother was working from home. Yet, he never made it inside. The following morning, a resident discovered his lifeless, bruised and partially undressed body on a staircase in the complex, just metres from his home. On Saturday 17 May, a large group of angry residents and community members marched to the Florida police station and handed over a memorandum of demands to officials, calling for justice and greater accountability. SAPS Gauteng has said that its investigation into Jayden-Lee's murder is at an advanced stage, though no arrests have been made. Jayden-Lee Meek was laid to rest at Westpark Cemetery on Saturday 24 May 2025. Last Saturday, 31 May, 14-year-old grade 8 pupil Likhona Fose went missing from her home in Braamfischerville, Johannesburg where she lived with her grandmother. The next day, her mutilated body was discovered by a passerby in the veld at Durban Deep, Roodepoort. Gauteng MEC Matome Chiloane dispatched trauma counsellors to Ikusasalethu, the secondary school Likhona attended. The MEC said police are 'still investigating the circumstances surrounding this brutal incident' and extended sincerest condolences to the family and the school community. On Monday, 2 June, a 50-year-old sangoma and 32-year-old mother appeared in the Vanderbijlpark Magistrate's Court facing charges of premeditated murder and human trafficking of the mother's two-year-old baby, Kutlwano Shalaba. 'It is alleged that on 10 November 2024, the mother of the child (Kuneuwe Shalaba) took the child to the sangoma (Sebokoana Khounyana) and requested him to kill her child because she was not happy with the gender of the baby and was tired of hiding it from her family,' according to police. Shalaba reportedly poisoned her child to death, the two then buried her body in a shallow grave in Waterpan. The case against a 29-year-old man accused of raping and impregnating an 11-year-old girl resumed last month on 22 May in the Boksburg Magistrate's Court, drawing renewed attention to a harrowing ordeal that allegedly spanned several years. The young victim, now four months pregnant, was reportedly assaulted by the accused in December of last year. However, court proceedings revealed that the abuse may have started when the girl was just five years old, meaning the alleged crimes persisted for nearly six years before being reported. The accused is known to the victim's family, with the assaults allegedly taking place during visits to his home. DNA tests are yet to determine whether the suspect is indeed the perpetrator. A shocking incident rocked Cape Town last month where a parolee, who served time for rape, has been arrested for allegedly kidnapping and raping a nine-year-old girl in Hanover Park. On 20 May 2025, the child was found in the suspect's house, during a frantic search by the community, where she is believed to have spent at least five hours. The accused is alleged to have lured the girl as she walked to her Madrasa (Islamic school) by offering her R20 to buy him milk and return the item to his house. The suspect was sentenced to 25 years in jail for rape and indecent assault in 2008 but was placed on parole in November 2024. The appalling incident has sparked fury among locals, who are demanding answers from authorities as to why a known predator was allowed back on their streets. Heard enough…? Because, plenty more where that came from. That's just tip of the insidious iceberg, folks. And that's just the kids. In an article in IOL yesterday, 2 June, responding to the murders of Likhona Fose and adult victim Olerato Mongale, Jonisayi Maromo wrote; 'South Africa is a dangerous place for women and girls'. Duh, ya think! He quoted the secretary-general of civil rights group #NotInMyName, Themba Masango, who said: 'The murders of Olerato and Likhona are yet another painful reminder that South Africa remains one of the most dangerous places in the world to be a woman (or child). How many more must die before we collectively say: Enough is enough?' Responding to the conviction of Kelly Smith in an interview with SABC News , Refilwe Mokoena (child safety and protection manager) from the Nelson Mandela Children's Fund said: 'From our perspective, justice has been served, the perpetrators have been held accountable. But children are still so vulnerable in our society and we need further preventative efforts to protect them.' The interviewer then asked: 'Can we really say that justice has been served in this regard when it comes to child safety?' 'A strong message has been sent that crimes against children will not go unpunished. But there are so many incidents similar to Joslin's that don't receive this level of national visibility. For every Joslin, there are millions of others we don't even get to know about,' Mokoena answered. (Did you catch that? She said…'millions'. If she's right, if she's not grossly exaggerating…then we have a BIG fu****? problem, don'tcha think?) 'Children basically are not safe in our country,' Mokoena added. Security analyst Neil de Beer takes a slightly more radical position on how the Smith trial should've ended. In an interview with BizNews TV , former MK agent and security advisor to Nelson Mandela, De Beer (who was also peripherally involved in the police manhunt for Joslin) told journo, Chris Steyn: 'What those people did to that child…if I was a judge I would unequivocally sentence them to hang.' Visibly quivering with rage, De Beer's eyes reddened as he teared and choked up when he said: 'A child. A beautiful little girl…was sold. You took that little girl's life, you should pay for it with your life.' 'But in this country, you don't serve life,' he said. 'In this country, if you murder, you are out in 12. You are out in eight.' 'I'm telling you, if you had a referendum on Monday, to bring back the death penalty, you're going to get an 80% majority.' De Beer's not the only public figure calling for a return to capital punishment. Over the years, leader of the Patriotic Alliance (PA), Gayton McKenzie, has repeatedly called for the return of the death penalty to deal with the high level of violent crime in the country. Back in June 2023, during an interview on The Black Pen podcast, McKenzie said: 'The state must have the right to kill. People argue that the death penalty is not a deterrent. I was a criminal, and I am telling you the death penalty is a deterrent.' He said that having been a gangster, he had learnt that taking out the leader of the gang was enough to stop gang wars. On 17 May this year, McKenzie, who also serves as minister of Sport, Arts and Culture in the Government of National Unity (GNU), reiterated his position on the death penalty during the launch of the PA's municipal election campaign at Nelson Mandela Bay Stadium. Addressing a crowd of thousands of supporters with a fiery, impassioned speech, McKenzie emphasised the need for harsher punishments to combat the rising crime rates in South Africa. 'Let us bring back the death penalty. If you kill, we must kill you,' he said. In an interview with CNN's Larry King in September 2009, Judge Judy Sheindlin was asked about her thoughts on the application of the death penalty. 'In a clear-cut case, where there is no issue as to whether or not, this was the perpetrator of this atrocity…I believe in my soul that it should be an option,' Sheindlin said. Then King asked the judge: 'Could you sentence someone to death?' She paused, before replying: 'Yes, I could. If…there was no question in my mind that this was the perpetrator…' King interjected: 'You could send him to his death?' Sheindlin nodded confidently and said: 'I could say…'Arrivederci' [Italian for 'Goodbye'].' 'There are certain people who – despite our best efforts and all of God's good work – are wired wrong. You gotta either kill 'em or put 'em away…so that they can't ever hurt anyone else,' she added. Must say, when it comes to hardcore violent crimes against our kids? I'm kinda leaning towards De Beer, McKenzie and Judge Judy on this one. Maybe it is time for a long-overdue, urgent, national referendum on capital punishment for violent crimes against minors? Never mind the special task force investigating 'offensive' social media posts and misgendering online, let's get our priorities straight… In my perfect world, the kids would be a sacred and untouchable red line. A world where our women and children could walk down the street, in the middle of the night – bu**-naked if they so choose – and no one will harm them. Because no one would dare. If we can unite the whole nation so easily behind a football or rugby tournament, why can't we unite the country behind this one simple idea: protect the children, at all costs. Whatever threatens the kids…must be eliminated. And maybe reinstating capital punishment is the only way to end the scourge of violence against minors in this country and restore some sense of safety, security and normalcy in our society, where, as Roger Waters once dreamed… 'Everyone has recourse to the law… and no one kills the children anymore.' Let us know by leaving a comment below or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
TimesLIVE
26-05-2025
- Politics
- TimesLIVE
EFF to 'fight for Cwecwe' through private prosecution after NPA drops case — Malema
EFF leader Julius Malema has pledged to pursue a private prosecution in the rape case of seven-year-old 'Cwecwe', a Matatiele girl allegedly sexually assaulted at Bergview College in October last year. The National Prosecuting Authority (NPA) dropped the case this month, citing insufficient evidence, sparking outrage and allegations of systemic failure to address gender-based violence and child abuse. Speaking to supporters in ward 16 of Kwakwatsi in the Free State on Sunday, Malema condemned the NPA's decision and vowed to seek justice for 'Cwecwe'. 'Let's protect our children and women, let's make sure South Africa is safe for them,' he said. Malema, who met Cwecwe's family a few weeks ago to offer support, claimed adversaries are funding rival political parties to dismantle the EFF, saying, 'If the EFF dies, cases such as Cwecwe's will never be taken seriously'. 'Today they took a decision not to prosecute people who raped Cwecwe. We are going to pursue private prosecution on behalf of the family and we are going to make sure Cwecwe gets the best medical care so she doesn't relive the trauma she has experienced.'
TimesLIVE
19-05-2025
- Politics
- TimesLIVE
AfriForum to lay charges against those who 'falsely accused' Bergview College principal of rape
AfriForum's private prosecution unit is planning to lay charges against individuals who accused Bergview College principal Jaco Pieterse and the school's caretaker of raping a seven-year-old girl known as Cwecwe. This is after the National Prosecuting Authority (NPA) dropped the case. The individuals include ANC secretary-general Fikile Mbalula, EFF leader Julius Malema and Eastern Cape education MEC Fundile Gade. The NPA said there was insufficient evidence to support a successful prosecution in the case due to lack of conclusive evidence of rape or sexual assault after an interview and examination of the minor girl. AfriForum's unit welcomed the NPA's decision but demanded that the NPA and police provide a clear explanation for dropping the case to put an end to false allegations against the principal and the caretaker. '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,' the unit's spokesperson Barry Bateman said.
The Citizen
19-05-2025
- The Citizen
AfriForum accuses NPA of playing to public gallery in Cwecwe case
The lobby group was representing the caretaker and the principal of the Bergview College in Matatiele. Johannesburg community members take part in a #JusticeforCwecwe march after the seven-year-old pupil was allegedly raped at Bergview College on 14 October 2024. Picture: Nigel Sibanda AfriForum has accused the National Prosecuting Authority (NPA) of leading 'innocent people to be convicted in the court of public opinion' in the alleged rape of seven-year-old Cwecwe in the Eastern Cape. The lobby group was representing the caretaker and the principal of the Bergview College in Matatiele, where the alleged rape occurred in October last year. Outrage The alleged rape of the minor ignited national outrage over systemic failures in handling the case after Cwecwe's mother was compelled to turn to social media to address the incident involving her daughter. The NPA has now dropped the case because of insufficient evidence of rape. ALSO READ: Mnchunu admits mistake, apologises to school principal for naming him in alleged rape of Cwecwe Concerning Barry Bateman, spokesperson for AfriForum's private prosecutions unit, said the finding confirmed the accounts of the school's principal, Jaco Pieterse, and the school's caretaker, Malume (pseudonym). '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. 'Our assessment of the facts worryingly suggests as the only reasonable inference that the authorities have allowed themselves to be intimidated by nameless and faceless keyboard warriors into investigating a case, despite there being no conclusive evidence of rape or sexual assault included in the docket after examination of the victim. This led to innocent people to be convicted in the court of public opinion,' Bateman said. Evidence Bateman added that police detectives should be 'guided by evidence, not public opinion'. '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. 'If the authorities fail to provide a clear explanation of what happened, it may set a precedent in which an aggrieved party with the ability to rally social media supporters, politicians, and lobby groups can direct an investigation and identify the suspects. This would clearly be an abuse of the criminal justice system and has provided an impetus to take action against politicians, social media detectives, and influencers who convicted our clients of rape,' Bateman said. Last month, Police Minister Senzo Mchunu in a letter addressed to AfriForum's advocate Gerrie Nel admitted that he 'falsely identified' Pieterse, the principal of Bergview College in Matatiele as a suspect in the alleged rape of Cwecwe. ALSO READ: Justice for Cwecwe: AfriForum slams 'social media detectives' as outrage swells
IOL News
14-05-2025
- IOL News
AfriForum defends caretaker accused of rape at Bergview College
AfriForum fights for justice for Bergview College caretaker accused of rape. Image: Armand Hough / Independent Newspapers AfriForum's Private Prosecution Unit has announced that it is now representing the Bergville College caretaker in Matatiele, in the Eastern Cape after he was accused of raping a seven-year-old girl. "The far-reaching consequences of the false allegations of rape levelled against staff at Bergview College have become more evident. The caretaker approached the unit, which now represents him, for help because he and his family are effectively held captive in their home due to relentless threats. His identity, as well as that of his family, is being withheld for safety reasons," said the organisation. The group further stated that despite the lack of evidence, social media has targeted the caretaker and the school's principal as either culpable for or involved in the claimed violation. In April, AfriForum demanded an apology from the Police Minister, Senzo Mchunu, for identifying the principal as a suspect. "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 the only persons of interest," Mchunu said at the time. "I categorically state that I never at any stage had an intention to defame your client or any other person for that matter." Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Barry Bateman, the unit's spokesperson, said that the caretaker was asked to give a DNA sample, while the police may have allegedly not even considered him a suspect. "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," Bateman said. According to the lobby group, the caretaker claims that it came as a tremendous shock to him when he was told that the child had reportedly been raped at the school, but he trusted that the police would thoroughly examine the issue. "I was not sure what to say, but I felt the truth would set me free, and this thing will come out eventually. I wasn't thinking that it would take this long because I know that I'm innocent and nothing happened at school. There were three teachers and the other cleaning lady at the school as well. How are they not going to hear what is happening?" He was quoted as asking. Advocate Gerrie Nel, head of the unit, has written to the SAPS, saying that their 'slowness to conclude the inquiry' and release the results only helps to prolong the harm suffered by all individuals wrongfully accused of the claimed act. "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. "Importantly, the police have a duty to protect children, the most vulnerable in society. For seven months a child has been the subject of social media gossip and speculation, with her identity and intimate details of injuries to her body widely circulated," Nel said. IOL Politics Get your news on the go, click here to join the IOL News WhatsApp channel.
