Acquitted Woman’s Claim For Compensation Dismissed Over Child Rape Case Involvement

A woman previously acquitted on six counts of child rape has lost her damages claim against the National Prosecuting Authority (NPA) for malicious prosecution.

The Mpumalanga High Court in Middelburg ruled that despite the woman was acquitted, there was credible evidence implicating her as an accomplice in the sexual exploitation of minors.

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Identified only by her initials, LZ had argued that she was wrongfully prosecuted even though she was acquitted,  adding it was “impossible” for her, as a woman, to rape girls.

However, Judge Mpopelele Langa noted in his ruling that “the devil is in the details,” indicating that evidence pointed toward her facilitating the crimes committed by co-accused traditional healer Malinga.

Allegations Of Trafficking, Complicity In Child Rape

The court heard that LZ, the acquitted woman, transported underprivileged girls aged 6 to 14 to Malinga’s homestead, where the rapes allegedly took place.

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These children later escaped and reported repeated sexual abuse.

LZ’s defence claimed she had no prior knowledge of the abuse, but the NPA presented statements from victims that suggested otherwise.

Further testimony revealed that LZ was paid by Malinga, raising suspicions of human trafficking.

Significantly, only girls were taken to the homestead, which the judge indicated to the acquitted  LZ, as a pattern of deliberate targeting for sexual exploitation.

Judge Langa stated that while LZ could not legally be convicted of rape under the law at the time, her actions made her liable as an accomplice or accessory after the fact.

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He concluded that the decision to prosecute her was based on compelling evidence, thereby invalidating her damages claim.

Acquittal Does Not Equate To Innocence In Legal Context

Rejecting LZ’s R2.5 million claim, Judge Langa emphasised a key legal principle: acquittal does not necessarily mean innocence.

He noted that prosecution requires only a reasonable belief in guilt based on available evidence, not a guaranteed conviction.

“The fact that she was acquitted does not mean that the prosecutor had no evidence to initiate the prosecution,” said Langa.

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