Action Society has raised serious concerns about delays and prosecutorial uncertainty in two separate rape cases involving minor victims, warning that systemic failures within the criminal justice system continue to prolong trauma and undermine accountability for sexual violence against children.
The first case involves an eight-year-old girl, known by the pseudonym “Marigold”, whose rape case is currently before the Roodepoort Magistrates’ Court. Nearly four years since the incident in 2022 and almost three years after the crime was reported in June 2023, the matter has still not progressed to trial. The accused, a family member who allegedly assaulted the child during a visit at her father’s residence, was arrested on 2 January 2024 and released on bail despite opposition.
Since then the case has been repeatedly postponed due to procedural disruptions, including the retirement of the presiding magistrate, delays in allocating a new trial date, and a short-notice cancellation of proceedings in October 2025. The matter was only indicated to proceed again in February 2026.
“Every postponement in a child rape case carries a real human cost,” says Juanita du Preez, national spokesperson for Action Society. “This eight-year-old child has now been waiting nearly four years to see her case move forward. Justice delayed in cases involving children is not just a procedural issue, it actively prolongs trauma.”
In a separate matter in the Western Cape, Action Society has written to the Office of the Director of Public Prosecutions to request urgent clarity regarding the case of a (then) 14-year-old girl, referred to by the pseudonym “Fern”, who was allegedly gang raped near Kapteinsklip Station in October 2024. The act was also filmed and distributed.
Multiple accused were arrested and appeared in the Juvenile Court at Mitchells Plain Magistrates’ Court. However, the matter was postponed several times and was provisionally withdrawn on 15 July 2025. The case docket was later referred to the Director of Public Prosecutions, but no clarity has been provided on whether charges will be reinstated or what the next procedural steps will be.
“We cannot allow serious cases involving the rape of children to simply disappear into administrative uncertainty,” says Du Preez. “The community deserves clarity, the victim deserves justice, and the accused must face the legal consequences if the evidence supports prosecution.”
Action Society has requested confirmation from the Director of Public Prosecutions regarding the prosecutorial status of the case, whether further investigation is required, and whether the matter will be re-enrolled.
Du Preez says the two cases illustrate a broader crisis in the handling of crimes against women and children. “When cases involving children are delayed for years or allowed to fall into uncertainty, victims lose faith in the system and perpetrators are emboldened. The justice system must demonstrate urgency, competence and compassion in cases like these.”
Action Society confirmed that it will continue monitoring both matters closely and will pursue further oversight and accountability should progress remain stalled.
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