She was just 14 years old when she was gang raped near Kapteinsklip railway station on the Cape Flats in October 2024.
The brutal assault was filmed and widely circulated, shocking communities and sparking calls for justice. But more than a year later, the case has fallen into uncertainty.
According to the civil rights organisation Action Society, several accused were arrested and appeared in the juvenile court at the Mitchells Plain magistrate’s court. However, after multiple postponements, the case was provisionally withdrawn in July last year.
The stalled case highlights the enormous hurdles rape survivors face in South Africa’s criminal justice system, from stigma and fear of not being believed, to delays in investigations and prosecutions.
The uncertainty surrounding the teenager’s case comes as rape statistics continue to climb in the Western Cape.
Crime statistics for the period October to December 2025 show an average of 15 rapes reported every day in the province. Sexual offences are particularly prevalent in areas such as Delft, Nyanga, Khayelitsha and Mfuleni.
More than 2,000 rape cases were reported in the province over just three months, raising alarm among civil society organisations and lawmakers.
Amid these high numbers, concerns are also mounting about the availability of rape evidence collection kits at some police stations.
Juanita du Preez, spokesperson for Action Society, said delays and prosecutorial uncertainty are retraumatising survivors and undermining accountability.
“We cannot allow serious cases involving the rape of children to simply disappear into administrative uncertainty,” she said.
“This illustrates a broader crisis in the handling of crimes against women and children. When cases are delayed for years or allowed to fall into uncertainty, victims lose faith in the system, and perpetrators are emboldened.”
Parliament’s police portfolio committee chair Ian Cameron said the committee remains extremely concerned about gender-based violence cases and has repeatedly raised the issue with police.
“The committee has raised concerns about ongoing challenges at the Forensic Science Laboratories and has previously undertaken oversight visits to these facilities,” he said.
He said these operational challenges weaken efforts to combat the scourge of GBV, including crimes such as rape, as forensic evidence processing is a critical component of successful investigations and prosecutions.
The unavailability of these kits means that if a child is sexually assaulted, there may be no immediate means to conduct the necessary forensic tests. That is wholly unacceptable.
— Ian Cameron, parliament’s police portfolio committee chair
Cameron said parliament has repeatedly been assured that there is no shortage of rape kits. However, an unannounced oversight visit on December 9 by Cameron and Nicholas Gotsell, a member of the national council of provinces, revealed a different reality.
“During the visit, we found that there were no D1 and D7 rape kits available for both adults and children at SAPS’s provincial supply chain store in Epping,” Cameron said.
“The empty shelves directly contradicted the official assurances previously provided by SAPS that there was no shortage.”
He said the shortage represents a profound failure to protect the most vulnerable.
“The unavailability of these kits means that if a child is sexually assaulted, there may be no immediate means to conduct the necessary forensic tests. That is wholly unacceptable,” he said.
Cameron warned that the shortage also contributes to delays in the justice system.
“Cases that could otherwise be concluded expeditiously remain on the court roll for extended periods, delaying justice for victims and compounding their trauma.”
South Africa is also grappling with a DNA backlog linked to about 140,000 rape cases.
DNA evidence is collected using sexual assault evidence kits, which include swabs used by medical professionals to collect biological samples and document injuries.
Examinations are usually conducted by specially trained forensic nurses or doctors.
But shortages of rape kits at some police stations, coupled with laboratory backlogs, have complicated investigations.
Another challenge is the shortage of specialised sexual offences courts.
We have clients who, after a year or two, simply say they want to move on with their lives.
— Bronwyn Pithey, the Women’s Legal Centre
According to the department of justice, 116 regional courts had been upgraded to sexual offences courts by 2022, but advocates say this is still not enough to deal with the scale of the crisis.
Bronwyn Pithey, an advocate at the Women’s Legal Centre, said sexual offence investigations should not be as complicated as they often become.
“The biggest concern is how many cases never get reported,” she said.
“Investigations are delayed, and there is an overload of cases. A combination of too many cases and a system that is not operating at its best has a profound impact on victims.”
She said many survivors eventually withdraw their cases because the process takes too long.
“We have clients who, after a year or two, simply say they want to move on with their lives,” she said.
“The trauma of the event is followed by the ongoing reminder that the case is still pending.”
Pithey said the conviction rate for rape remains extremely low.
“The real conviction rate is about five to six percent. Most cases are withdrawn because of a lack of evidence,” she said.
Sino Mdunjeni, speaking on behalf of the Rape Crisis organisation, said survivors need immediate access to compassionate post-rape care.
This includes medical treatment, trauma-informed counselling and the option to report the crime in a way that protects their dignity.
She said the Thuthuzela Care Centre model demonstrates the benefits of coordinated services where survivors can receive medical care, forensic evidence collection, counselling and assistance with reporting the crime in one place.
“Forensic evidence collection kits are one component of this response,” Mdunjeni said.
“At the same time, a survivor’s access to care must never depend on the availability of a rape kit.”
She said survivors face many other barriers, including stigma, victim-blaming, long waiting times at police stations and limited access to specialised services.
“In some cases, survivors must repeat their story to multiple officials or travel between facilities, which can be retraumatising,” she said.
Gender-based violence remains one of South Africa’s most pressing crises.
President Cyril Ramaphosa declared GBV and femicide a national disaster ahead of the G20 Leaders Summit in November 2025.
The National Council on Gender-Based Violence and Femicide Act, signed into law on May 24 2024, aims to strengthen justice, prevention and victim-centred support.
However, Pithey said implementation remains a major challenge.
“We are not seeing any reduction in the levels of violence women are experiencing,” she said.
Cameron said broader systemic reforms are needed to improve the response to sexual assault cases.
“Forensic capacity constraints, supply chain failures and delays in processing evidence undermine investigations and delay justice for victims,” he said.
“We also need better coordination across the criminal justice system and stronger victim-centred support mechanisms.”
Western Cape police spokesperson Col André Traut said sexual offences remain a top priority for SAPS.
Dedicated investigators attached to the Family Violence, Child Protection and Sexual Offences Units handle these cases.
Traut acknowledged that rape kits and forensic resources can sometimes be limited, but said measures are in place to ensure victims receive assistance.
Police stations report stock levels weekly, where shortages occur, kits are sourced from neighbouring stations.
For the 2026/27 financial year, procurement of evidence collection kits will be centralised by the provincial supply chain to improve availability.
“SAPS remains committed to the effective investigation of sexual offences and continues to work with partners in the criminal justice system to ensure that cases are thoroughly investigated and brought before the courts,” Traut said.
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