KEY POINTS
- A 44-year-old Eastern Cape mother had her murder charge withdrawn after she and other villagers allegedly killed a 65-year-old man who was raping her disabled daughter.
- Eastern Cape Premier Oscar Mabuyane and MEC Bukiwe Fanta praised the NPA’s decision, calling it a compassionate response to an extreme situation.
- The case has sparked calls for legal reforms and stronger measures against gender-based violence, with leaders urging better protections for women and children.
A 44-year-old Eastern Cape mother, who was accused of murder after confronting her disabled daughter’s alleged rapist, has had the charge against her withdrawn by the National Prosecuting Authority (NPA).
The decision has been met with widespread relief and praise from community members and provincial leaders, who argue that the case highlights the complexities of justice in instances of extreme trauma.
The incident occurred on April 5, 2025, in a village in Cacadu (formerly Lady Frere), when the mother reportedly discovered the rapist sexually assaulting her daughter.
Enraged, she and other locals allegedly beat the rapist to death. IOL reports that the mother was subsequently arrested and charged with murder but was granted R500 bail on 10 April.
On Monday, 5 May 2025, the Cacadu Magistrate’s Court officially withdrew the charge, a move that Eastern Cape Premier Oscar Mabuyane—who was present in court—described as “a compassionate understanding of the context and the instinctive protective actions taken by a mother in a moment of unimaginable trauma.”
Premier and MEC hail decision on rapist as a step toward justice reform
Eastern Cape Premier Oscar Mabuyane welcomed the NPA’s decision, emphasizing the need for a legal system that considers extreme circumstances.
“While we acknowledge the independence of the judiciary, we commend the NPA for its sensitivity,” he stated. “No parent should ever be forced to physically protect their children from sexual assault.”
Mabuyane reiterated the provincial government’s commitment to combating gender-based violence (GBV), calling for stronger protections for women and children. “We must ensure our communities are safe spaces where children can grow without fear,” he added.
Eastern Cape Social Development MEC Bukiwe Fanta echoed these sentiments, expressing relief over the withdrawal. “This case has sparked a critical dialogue about GBV, parental instinct, and legal complexities,” she said. “The law must be applied with empathy and an understanding of human emotions.”
Fanta also highlighted the alarming rise in GBV cases, urging communities to take action. “We must create safe spaces for victims to speak out and seek support,” she stressed, pledging continued departmental assistance for affected families.
The case has reignited debates around self-defense laws and legal protections for victims of GBV. Legal experts suggest that South Africa’s justice system should consider “trauma-informed prosecutorial discretion” in similar cases, where immediate emotional distress leads to violent retaliation.
