Nearly five months after the rape case of four-year-old “Poppy”* was struck off the roll, Action Society is still waiting for answers from the National Prosecuting Authority (NPA) about how and why the prosecution collapsed.
The organisation has repeatedly sought clarity on the matter and has followed every available avenue to obtain information. Despite multiple letters, follow-ups and a separate Promotion of Access to Information Act (PAIA) application, meaningful answers remain outstanding.
Poppy’s case first drew national attention when the matter was withdrawn on the eve of trial. Following public outcry and Action Society’s intervention, the case returned to court. However, when the matter was heard again in the Blue Downs Regional Court on 30 January 2026, the charges were withdrawn once more and the case was struck from the roll. No reason was recorded in the court book.
Action Society later received an indication that the child was considered too young to testify.
“What makes this case so concerning is that months later, we still do not know exactly what happened, why the prosecution failed, what alternatives were considered, or whether every available measure was taken to secure justice for this child,” said Juanita du Preez, National Spokesperson for Action Society.
“We have been fighting for answers for months. Every attempt to obtain information has been met with delays, procedural obstacles or silence. Meanwhile, a four-year-old child’s case has effectively disappeared from the justice system.”
Action Society initially requested a case report from the Western Cape Director of Public Prosecutions to understand the circumstances that led to the withdrawal of the matter. After repeated follow-ups, the organisation was asked to explain its interest in the case. Action Society provided the requested information and has continued seeking feedback, but no substantive response has been received.
The organisation believes the public has a right to know whether Poppy’s case represents an isolated incident or whether similar cases involving very young child victims are failing elsewhere in the country.
This concern formed the basis of Action Society’s PAIA application, which seeks information relating to failed prosecutions involving very young child victims.
Among other information, Action Society has requested records that would reveal:
- How many sexual offence cases involving child victims under the age of seven were withdrawn, struck off the roll or not prosecuted over the past five years.
- The reasons recorded for such decisions.
- The extent to which a child’s age or ability to testify influenced prosecutorial decisions.
- Whether alternative evidentiary measures were considered before cases were abandoned.
- Any policies, directives or guidelines used by prosecutors when dealing with very young child victims.
“The purpose of the PAIA application is simple. We need to know whether children are being denied justice because they are too young to participate in a system designed for adults,” said Du Preez.
“If a child is allegedly raped at the age of four and the case cannot proceed because the child cannot testify in the conventional manner, then serious questions must be asked about whether the justice system is equipped to protect the most vulnerable victims.”
Action Society warns that a lack of transparency undermines public confidence in the criminal justice system and leaves families with little faith that crimes against children are being properly investigated and prosecuted.
“South Africans are repeatedly told that crimes against children are a priority,” said Du Preez. “But priorities are measured by outcomes, not promises. We cannot claim to prioritise child victims while cases disappear without explanation and legitimate questions remain unanswered for months.”
Action Society calls on the NPA to provide a full account of the circumstances surrounding Poppy’s case, to respond to outstanding requests for information, and to ensure that the findings of the PAIA application are made available without further delay.
“Justice for children cannot depend on whether they are old enough to navigate an adult courtroom,” said Du Preez. “If there are systemic barriers preventing very young victims from obtaining justice, South Africa needs to confront that reality openly and urgently.”
*Name changed to protect the identity of the child victim.
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