NPA Orders Reinvestigation of Controversial Child Pornography Case

The National Prosecuting Authority (NPA) directed the South African Police Service (SAPS) to reopen a controversial child pornography case involving University of Cape Town (UCT) law professor Pierre de Vos on Wednesday, November 27th. The decision comes after AfriForum’s Private Prosecution Unit highlighted investigative failures that undermined the original inquiry, raising questions about the thoroughness of the investigation.

The case stems from a September 2022 incident involving a post on De Vos’s social media account, which featured a video described as depicting the abuse of a young boy. De Vos claimed his account had been hacked and filed his own criminal complaint, alleging cyber interference. Despite the gravity of the allegations, initial investigations were incomplete, with police failing to collect key evidence, including mobile and internet records, social media data, and expert analyses.

Advocate Indra Goberdan, Deputy Director of Public Prosecutions, confirmed, in a letter dated November 21st, that the SAPS has been instructed to complete outstanding investigations. Goberdan stated, “This office will be in a position to review the decision [not to prosecute] when the above-mentioned aspects have been finalized.” This development signals a renewed effort to address the procedural gaps that have marred the case.

AfriForum spokesperson Barry Bateman criticized the initial investigation, calling the decision not to prosecute “premature, irrational, and based on an embarrassingly incomplete investigation.” He emphasized that the focus should remain on protecting children and society from exploitative content rather than being influenced by the suspect’s public profile.

The NPA’s decision to reopen the case underscores the importance of addressing serious allegations without bias. NPA regional spokesperson Luxolo Tyali stated, “Further investigations are requested to determine if the decision by a lower court is reviewable.” This process will allow the NPA to reassess the case with a comprehensive evidence base.

This development highlights systemic challenges in handling cases involving high-profile individuals and underscores the importance of thorough investigations. The outcome of this case could set a precedent for how similar cases are addressed in the future, ensuring justice is not compromised by procedural shortcomings.