Update: 29 August
The National Prosecuting Authority (NPA) has said that while it did not agree with the statement that there was a link between the ‘alleged rape management [of the 11-year-old girl] and the subsequent death of [Deveney Nel]’, they are currently receiving the necessary reports from relevant officials.
Nel’s alleged murderer reportedly threatened to kill the then 11-year-old girl he is accused of raping if she revealed the assault. Despite surviving a horrific ordeal of sexual assault, suffocation, and physical abuse, the young girl bravely underwent a thorough medical examination and endured multiple rounds of questioning just hours after the attack on New Year’s Eve in 2020.
She hoped that by reporting the assault, her then 13-year-old alleged attacker would be prevented from harming anyone else.
Unfortunately, that did not happen. Despite a psychiatrist and clinical psychologist from Valkenberg Hospital warning that the accused was ‘at high risk for reoffending [and] continuing to use physical violence,’ and recommending a Children’s Court inquiry be initiated against the teenager, the Mossel Bay magistrate handling the case at the Albertinia Magistrate’s Court dismissed it from the roll in August last year.
‘Given the seriousness of the matter, the NPA is in the process of reviewing the proceedings with a view to establish the facts on what transpired,’ the NPA said in response to questions by News24.
‘Only after a final review and findings are made can the NPA indicate further steps in the matter,’ they added.
The NPA has also emphasised that it ‘did not have power’ to initiate the Children’s Court inquiry that was recommended by the Valkenberg psychiatrist and clinical psychologist who evaluated the alleged teen rapist.
The male suspect was evaluated at the age of 13 after being accused of rape to determine if he had ‘criminal capacity at the time of his alleged crime’.
‘In general, the NPA is not a party to a Children’s Court inquiry,’ the NPA stated.
Because of his ‘cognitive weakness and moral and social immaturity’, the alleged teenaged rapist and murderer did not have such criminal capacity at the time that he allegedly raped the 11-year-old victim.
This is according to the Valkenberg Hospital psychiatrist and clinical psychologist who evaluated the teenager.
In addition, the psychiatrist and clinical psychologist believed that the teenager did pose a risk to himself and others around him, recommending a Children’s Court inquiry so that this risk could be addressed.
‘A Children’s Court inquiry is generally initiated by the Department of Social Development [DSD] as a party to the proceedings or the court. The NPA does not, in general, initiate Children’s Court proceedings,’ the NPA stated.
However, the Western Cape Department of Social Development confirmed it had ‘no record of ever being formally notified’ that the teenager that was arrested for Nel’s murder had been found not to have criminal capacity, in relation to the rape case from 2020.
It was also discovered that the department wasn’t notified about the recommendation that he ‘should be subjected to a Children’s Court inquiry’.
‘Thus far, we can confirm [that] DSD records show the department did not receive a referral from the National Prosecuting Authority to the Children’s Court for the alleged matter the media is referring to,’ said Monique Mortlock-Malgas, department spokesperson.
‘We have also reached out to the Department of Justice and the SAPS [South African Police Service] so we may have all the relevant information,’ Mortlock-Malgas added.
Update: 26 August
New information has been brought to light regarding the teenage boy arrested for the murder of Deveney Nel.
‘The next victim would not be so lucky’ said the mother of the alleged first victim of the 17-year-old suspected to be Nel’s killer.
The boy is alleged to have raped a then 11-year-old girl in 2020 and the victim’s mother has now shared their story.
At the time, the 11-year-old victim was intent on filing a complaint to safeguard against any future wrongdoings by the boy.
After a prolonged and disgraceful legal battle, the girl’s mother was left distraught as the charge against the boy was withdrawn and no real retribution had resulted from the complaint.
It had merely been recommended that the boy be placed in an intervention programme.
‘The justice system failed us and now a young girl from Caledon has lost her life’ commented the mother.
Her daughter, who is now 15 years old, remains in therapy as a result of the physical and psychological harm she has undergone.
Upon hearing the news of Deveney, the mother claims to have had a premonition that the arrested 17-year-old was the perpetrator.
She then recounted the incident, which had left a permanent scar on her child.
During the Covid-19 lockdown in 2020, around New Year’s Eve, the family went camping outside of Albertinia.
During this trip, they met and befriended a family from Overberg, the only other people visiting the campsite.
The children naturally began to play together.
In the evening, on the second day of the camp, the then-11-year-old girl and 14-year-old boy walked to a nearby hill to draw sketches.
Around 8pm the boy returned to the campsite, seemingly indifferent.
When her daughter did not return with him, the mother knew something was wrong and ran to the hill and nearby river in search of her child.
Her daughter was found bloodied and unconscious in the water, intertwined in the reeds.
The only thing that prevented her from drowning was a piece of barbed wire that had caught around her neck and swollen face.
Following the incident, the girl admitted that she had been orally raped. In response, the mother of the boy admitted to him being a problem child.
The incident was confirmed by the owner of the campsite, who claimed that the police were on the scene and shortly after, the victim’s family left the camp.
SA Police Services spokesperson, Lieutenant-Colonel Malcolm Pojie, said that the case was investigated by the Mossel Bay unit for family violence, child protection and sexual offences.
The then 14-year-old accused was brought before the court and following psychiatric assessment, the case was ultimately withdrawn.
The National Prosecuting Authority in the Western Cape refused to deliver comments because the case involved two minors.
CityPress reports that the state prosecutor at the time sent a letter to the Western Cape Department of Social Development. In the letter, a request was made that the boy be placed in an intervention programme for sexual offenders under Section 102B of the Criminal Procedure Act.
The request arose after the boy’s visit to Valkenberg Psychiatric Hospital in Cape Town, where the boy was examined and held to be ‘unaccountable.’
The department’s spokesperson, Monique Mortlock, when asked whether the intervention programme protocol was followed, claimed that information regarding the case was being gathered.
The mother of the 11-year-old is enraged, as she claims that the state decided that the complaint was not serious enough.
‘Now an innocent girl lost her life.’
She further comments that the boy’s parents were obligated to inform Overberg High School about their son’s history, as now someone will have to explain to Nel’s parents whether the child received intervention before he murdered their daughter.
CityPress further reports that a former teacher at Overberg High School commented that it was a shame that the boy’s past was never disclosed to the school’s management and governing body. The school’s lack of knowledge on the matter was confirmed by Mortlock.
The mother questioned if the school would have accepted the boy had they been informed and if the boys parents tried to get him help after the initial incident or if he was allowed to carry on with his life without any true rehabilitation?
Deveney’s murder has triggered old trauma, claims the mother of the 2020 victim.
She questions how a mother has to explain to her child that no justice would be served for her and now the person who hurt her is able to continue with his life and then claim the life of another.
The father of the boy refused to comment on the matter.
The boy’s family home is in Grabouw and the neighbours also described the alleged killer as a ‘problem child.’
On Monday, in the Caledon Magistrates’ Court, the murder case against the 17-year-old was postponed for further investigation.
The police are awaiting the results of the autopsy and pathology test to determine if Deveney had been raped.
Nel’s body had multiple stab wounds in the back, upper body and neck.
The provincial department has been in contact with SAPS and the Department of Justice to gather further information regarding the 2020 rape case against the 17-year-old.
The murder of Deveney Nel has caused widespread shock, outrage and heartache.
Last week, a 17-year-old boy was arrested in connection with the crime but what possible sentencing could this minor face?
Also read: Update: Teen boy arrested in connection with Deveney Nel murder
16-year-old Deveney Nel and her tragic passing has called into question the rights of criminal offenders, specifically as it pertains to minors.
The National Prosecuting Authority (NPA) has confirmed that the case will be handled in accordance with the Child Justice Act.
Furthermore, legal precedent holds that minors could potentially receive life sentences.
Calls flooded in to the Caledon Magistrate Court on Monday, advocating for Nel’s alleged killer to be prosecuted as an adult.
Eric Ntabazalila, the Western Cape Spokesperson for the NPA, elaborated that the accused’s rights could also be protected until he is 21 years of age.
Adéle van Schalkwyk, Head of Criminal Law at Burger Huyser Attorneys, further elaborated on the contentious issue.
She explained that the age of the accused is only relevant when it comes to a determination of the criminal capacity of the offender.
She goes on to say that the trial process however remains the same. The age of the accused factors in to the whether the minor would be accompanied by an adult and whether their name would be revealed to the public.
These stipulations could be waived if the magistrate wills it, said the criminal lawyer.
‘It depends on the facts before the court.’
In the eyes of the court, children over the age of 14 are deemed to be mature enough to recognize their crimes and wrongdoings.
Thereby, minors could potentially face life sentences but any court would need to properly consider relevant reports and evaluations submitted by social workers.
Mabana Moyo, employee of the Khulisa Social Solutions which runs programmes focusing on offender rehabilitation, also commented on the matter.
‘The focus of the Department of Social Development should be more on early intervention and not children who commit crimes’ she told The Citizen.
She concluded by stating that ‘targeting children in schools or any other centres will equally improve the learning environments in schools with less levels of violence.’
Also read:
Investigation reveals Deveney Nel (16) was stabbed and moved
Picture: Hoërskool Overberg / Facebook
