The Orlando Pirates soccer star accused of raping a minor will not be prosecuted for statutory rape because the NPA cannot prove the identity of the rapist.
The 15-year-old school girl opened a case of rape against the well-known footie at the Olievenhoutbosch police station in May this year after accusing him of forcing himself on her.
She alleged that she was sleeping on a separate mattress in the same room as the soccer star and his girlfriend when he woke up in the middle of the night and violated her.
Her mother was also in the same house on the night, sleeping in another room, as well as other people including a 21-year-old male relative.
But the NPA sent a letter to her mother on Monday informing them of its decision not to prosecute. The letter written by Advocate TR Maleka reads in parts: "After a careful consideration of the case docket, consultation notes inside the docket and a thorough report by the prosecutor, I agree with the prosecutor that the state will not be able to prove the identity of the rapist beyond reasonable doubt. I hereby decline to prosecute."
Sunday World understands that the NPA arrived at the decision partly because there were two men in the house and as the perpetrator violated the minor from behind it would be difficult for them to prove that it was the soccer star.
NPA South Gauteng spokesperson Phindi Mjonondwane confirmed the decision. "We declined to prosecute because there were no prospects of a successful prosecution. But it is the constitutional right of the mother of the victim to lodge representations with the office of the National Prosecution Service for a review."
The teen's mother confirmed the NPA declined to prosecute and said she was taking the matter up for review.
"The policeman informed me of the decision to decline prosecution but didn't give me reasons. This man can't rape my daughter who is a minor and get away with it. For God's sake, this is Women's Month; and is this how I'm supposed to celebrate it?"
She said the decision would continue to negatively affect her daughter's performance in school.
On Tuesday the mother wrote a letter to the investigating officer informing him of her intention to appeal the decision.
The letter, which we have seen, reads in parts: "I do not understand how everything else was ignored . the fact that she is underage, the fact that she told her psychologist months ago that he [the soccer star] forcefully kissed her and proof that he sent her messages via Instagram.
"So this guy is famous now he must go free whilst my innocent child must suffer emotionally. Today she is asked to stay home because in her LO class the lesson today is about RAPE!"
– Sunday World