CAPE TOWN - The acting director of public prosecutions in the Western Cape says that a pastor alleged to have sexually assaulted two minors will not be prosecuted.
Western Cape NPA spokesperson Eric Ntabazalila, said DPP advocate Nicolette Bell carefully considered representations, docket content and various reports before submitting her decision, confirmed to the Moorreesburg Magistrate’s Court prosecutor, not to institute prosecution against the local pastor.
Ntabazalila said it was necessary to outline Bell’s reasons for her decision.
All three dockets relate to two minor children who were three and four years old at the time the alleged incidents occurred.
In September 2019, a prosecutor consulted with both minors and in relation to both complainants the prosecutor was concerned about the ability of the witnesses to testify in a court of law.
In October 2019, he did not enrol the matter.
“In this instance, the prosecutor referred the matter to the Office of the Director of Public Prosecutions for a final decision,” Ntabazalila said.
He said further investigation into the matter was requested and members of the South African Police Service (SAPS) were asked to complete the investigation.
The child complainants, their age, development stage and level of maturity had to be considered, Ntabazalila said, and this was of great importance as the State would rely on their testimony.
“In order for a child witness to testify in court, a competency test is often used to determine if they have an age-appropriate understanding of truth and lies, particularly, for the purposes of their evidence in court. This is a prerequisite for the oath, affirmation and an admonition in terms of Section 164 of the Criminal Procedure Act 51 of 1977,” he said.
Both minors were referred to a clinical psychologist and detailed reports were obtained for both complainants.
It was found by the clinical psychologist that the complainants were unable to take the oath or be admonished to tell the truth as stated in the act and therefore were not competent to testify.
Ntabazalila said without the testimonies of the minors there would be insufficient evidence to prosecute the pastor.
Bell said the NPA remained committed to protecting the vulnerable, particularly women and children who are victims of sexual offences.
African News Agency