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NPA orders further investigations in child pornography case against UCT professor Pierre de Vos
The National Prosecuting Authority (NPA) reopened the child pornography case against the University of Cape Town (UCT) law Professor Pierre de Vos in response to AfriForum’s Private Prosecution Unit’s representations that identified numerous investigative failures. The police docket contained only two statements: the statement of the complainant, who was an AfriForum Youth representative at the time, and an unsigned statement from De Vos.
Among the investigation’s shortcomings, the unit noted that the police did not obtain De Vos’s cellphone data, mobile service provider records, internet service provider records, social media records, statements from several people, including the “technical expert” he claims to have consulted, and expert analysis of all this data and information.
Adv. Indra Goberdan, Deputy Director of Public Prosecutions in the Eastern Cape, said in a letter dated 21 November that her “office has instructed the South African Police [Service (SAPS)] to comply with outstanding investigations and the relevant prosecutors have been requested to provide reports in respect of the decision that was taken. This office will be in a position to review the decision [not to prosecute] when the above-mentioned aspects have been finalised”.
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. Soon thereafter, the post was removed from the timeline. On 18 September De Vos posted that his Twitter [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 Youth at the time, reported allegations of contraventions of the Films and Publications Act to the Humewood police station. 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 (PAIA) application, the Private Prosecution Unit obtained the docket in the case filed by the AfriForum Youth representative. It consisted of one statement drafted by the complainant to register the case, and another unsigned electronic statement by De Vos.
Barry Bateman, spokesperson for the unit, says the NPA’s response confirms the unit’s contention that the “decision not to prosecute was premature, irrational and based on an embarrassing and deliberately incomplete investigation. The NPA were so blinded by the status of the suspect that it may have overlooked the purpose behind offences of this serious nature. The focus remains the protection of children but includes the protection of society against the distribution of sexually explicit deeds against children.”
