Durban - The DA Women’s Network has described the decision to strike the Baby G abuse off the court roll an "unfortunate miscarriage of justice" for the young victim.
The 25-year-old Phoenix mother was charged with attempted murder after a video of the child's abuse surfaced on social media in March 2018.
On Monday in the Verulam Magistrate's Court State Prosecutor Ishara Sewnarayan advised the court that they were still waiting for cellphone evidence to be sent from their cyber crime unit in Pretoria.
However Magistrate Jenny Pillay refused to adjourn the case once more and struck the matter off the roll provisionally.
In the video a woman is seen stomping on a child. Shortly after the incident the mother and her 20-year-old boyfriend were arrested. Both are out on bail.
Shehana Kajee, DA KZN DAWN Leader said they were "shocked and disappointed" by the recent development.
"The court states that the case had to be struck off the roll because video footage from the accused's cellphone was still outstanding due to SAPS’s cyber crime unit in Pretoria failing to provide the required evidence.
"This is simply unacceptable and yet another case where victims and defenceless in our society are revictimized due to SAPS inefficiency.
"It is our considered view that crimes involving children should not only be a priority crime written into legislation, but the criminal justice system, including the police, must take active steps to showcase their ability and commitment to solving such crimes," said Kajee.
She said last year according to crime statistics there were over 200 murder cases involving children in KZN alone.
"Baby G could have been part of these statistics and this matter provides SAPS with the greatest opportunity to send a strong message to those abusing children that this will not be tolerated any more.
"The DA Women’s Network will continue to monitor this case and will do everything at our disposal to ensure that justice is finally served for the 4-year-old and many others like her.
"The justice system continues to let down the most vulnerable in our society. The DA is fully committed to a country where women and children can live freely and feel safe in all corners of the country, we are working hard to make sure that this dream becomes a reality," concluded Kajee.