Johannesburg – AfriForum’s Private Prosecution Unit has asked the National Prosecuting Authority (NPA) to review an earlier decision to decline to prosecute University of Cape Town Professor Pierre de Vos for allegedly distributing child pornography on social media.
AfriForum’s Private Prosecution Unit is also questioning “the State’s apparent failure to properly investigate” allegations against Professor De Vos.
In a statement made available to The Bulrushes, the AfriForum’s Private Prosecution Unit said it believes the failure to properly investigate the matter “may be a case of selective prosecution”.
The AfriForum’s Private Prosecution Unit urged the South African Police Service (SAPS) and the NPA to “act without fear, favour, or prejudice”.
Advocate Gerrie Nel, head of the AfriForum Private Prosecution Unit, wrote: “The NPA was so blinded by the status of the suspect that it may have overlooked the purpose behind offences of this serious nature”.
Acting on behalf of the complainant Ms. Van Der Vyver, AfriForum’s Private Prosecution Unit challenged the ruling by Prosecutor Zwiegelaar not to prosecute Professor De Vos with the reason stated as “no chance of successful prosecution”.
In a letter to the NPA, seen by The Bulrushes, Advocate Nel writes: “The focus remains the protection of children but includes the protection of society against the distribution of sexually explicit deeds against children.
“Our client remains steadfast that her complaint is sound in law and if proficiently dealt with will objectively sustain the alleged charges she has raised in her affidavit including that De Vos may have possessed and distributed child pornography.”
Advocate Nel explains that just over two years ago, on 10 September 2022, a post on De Vos’ X account included a video of what was described in the post as a “Chinese virgin young boy” being sexually abused by an adult male.
He said soon thereafter, the post was removed from the timeline.
Advocate Nel said on 18 September De Vos posted that his X account was hacked and tweeted porn, adding that it was obvious that nothing will come of any criminal complaint filed against him.
“On 21 September 2022, the complainant, who was a representative of AfriForum Jeug at the time, reported allegations of contraventions of the Films and Publications Act to the Humewood Police Station,” said Advocate Nel.
“On 28 September, De Vos opened his own criminal case where he alleged his social media account had been hacked.”
Through a Promotion of Access to Information Act application, the Private Prosecution Unit has obtained the docket in the case filed by the AfriForum Jeug representative.
It contained only two statements: one drafted by the complainant to register the case, and another unsigned electronic statement by De Vos.
“It is apparent that the SAPS and the NPA accepted De Vos’s unsigned electronic affidavit as sufficient to not only register a case docket on his complaint but to serve as a version in the case wherein he was identified as a suspect,” said Advocate Nel.
“It remains inexplicable that the SAPS and NPA would accept a complaint statement from one docket as sufficient to serve as a ‘warning statement’ in another.
“This creates the ineluctable inference that De Vos received special treatment.”
Advocate Nel added: “We submit that De Vos’ complaint is an afterthought designed to obfuscate his failure to report child pornography to SAPS.
“An investigation of De Vos’ inquiries and communication with the SAPS to investigate his case and identify a suspect could confirm that his filing of a criminal complaint and opening of a docket was an afterthought.”
AfriForum’s Private Prosecution Unit details several other reasons in its letter to the NPA stating reasons it believes that the complaint by Ms. Van Der Vyver, was not properly investigated.
“We submit that even if the prosecution considered the ‘hacking’ version by De Vos it failed to consider that nothing in his ‘version’ or presented as circumstantial evidence exonerates him from a charge of failing to immediately report such an offence to the SAPS,” said Advocate Nel in his letter to the NPA.
“We implore you to consider these representations as grounds for the authorities to direct that all the available facts, including expert evidence concerning the suspect’s Twitter account and his electronic instruments, be appropriately investigated, and review Zwiegelaar’s decision not to prosecute him.”
