Action Society has formally submitted a Promotion of Access to Information Act (PAIA) application to the National Prosecuting Authority (NPA), seeking detailed information on sexual offences cases involving children aged six years and younger that were not prosecuted, withdrawn, or otherwise failed to proceed.
The organisation says the request follows growing concern over cases in which alleged perpetrators escape prosecution because child victims are considered too young, traumatised, or unable to testify effectively in court.
The PAIA application requests statistics from the past five years on the number of sexual offences matters involving children aged six and younger, how many were prosecuted, how many were withdrawn or declined, and whether the NPA tracks cases where prosecutions fail because of the child’s age or ability to testify.
Action Society is also requesting access to any prosecutorial policies, directives, training materials, or internal guidelines dealing with sexual offences matters involving very young children.
The organisation says the request must be understood against the backdrop of South Africa’s ongoing child sexual violence crisis.
According to Action Society’s report, The Crisis of Crime Against Children in South Africa, rape remains the single most prevalent violent crime committed against children in the country. The report notes that in 2022/23, 38.3% of all recorded crimes against children were rape cases, confirming that sexual violence against children is not an isolated phenomenon but a sustained national crisis.
The report further highlights that children aged 0 to 6 remain particularly vulnerable to sexual violence and abuse, while girls continue to carry the overwhelming burden of reported child rape cases.
Juanita du Preez, national spokesperson for Action Society, says the concern extends far beyond individual cases.
“When cases involving very young children fail because the victim is considered too young to testify, it sends a deeply dangerous message to perpetrators. It creates the impression that if a child is young enough, there is a chance the justice system will never meaningfully pursue the matter. That is a message South Africa simply cannot afford to send.”
Du Preez says Action Society is increasingly encountering matters where families are left devastated after being informed that prosecution may not proceed because the child is too young, too traumatised, or unable to participate in the process.
“Rape is already the most prevalent violent crime against children in our country; we cannot allow systemic weaknesses to create incentives for predators. If offenders begin believing that younger victims reduce the likelihood of prosecution, we are dealing with a profoundly dangerous failure of deterrence.”
She says the organisation wants clarity on how widespread the problem is and whether mechanisms exist to revisit cases once children are older and better able to participate in legal proceedings.
“We need transparency about how these decisions are being made and whether these matters are later reviewed or reopened. If these cases are simply falling away without reconsideration, predators are learning exactly where the system is weakest.”
In its application, Action Society further asks whether such matters are monitored, reviewed, reconsidered, or reopened once a child becomes older or more able to testify. If no such monitoring systems exist, the organisation has requested that this be expressly confirmed in writing by the NPA.
Action Society says the request is made in the public interest and forms part of broader efforts to improve accountability and transparency within South Africa’s criminal justice system, particularly in matters involving children.
“We cannot build a justice system where the youngest and most vulnerable victims effectively become unreachable victims. If offenders begin believing that targeting younger children lowers their risk of prosecution, the consequences for child safety in this country will be catastrophic,” Du Preez concluded.
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