The case against a 52-year-old East London private primary school teacher who allegedly raped a nine-year-old pupil was provisionally withdrawn at the East London Magistrate’s Court on Friday.
The case was withdrawn due to a lack of DNA evidence.
The matter was referred to the director of public prosecutions in Grahamstown.
The teacher was arrested on Wednesday.
He is accused of repeatedly raping the pupil between between June and August 3 in the school’s toilets, and once behind a tree outside the school.
Police spokesperson Hazel Mqala confirmed the arrest.
However she was unable to give further details on the matter.
The teacher, wearing a grey hoodie, made a brief appearance in court before the family was called aside by a prosecutor, who briefed them on the court’s decision.
Speaking to the Daily Dispatch outside the court, the aunt of the alleged victim said the family was “paralysed” with pain and was disappointed in the court’s decision.
The aunt, who cannot be named to protect the identity of the pupil, was in the court gallery together with the alleged victim’s two elderly grandmothers and another aunt.
The aunt said her niece had finally spoke out about the alleged rapes on August 4.
“Her mother noticed that her underwear was wet and asked her about it. She started crying and ran away.
“She later finally told her father what “sir” had done to her. We took her to the clinic where the rape was confirmed,” she said.
The aunt said the alleged victim had said she was raped twice again in the toilets while classes were in session, and on August 3 she was allegedly raped behind a tree outside the school. “We are distraught, because the state has failed us.”
The principal of the school said at no time were they informed of the alleged crime, until the arrest of the teacher on Wednesday.
“As this is an alleged crime still under investigation, we unfortunately cannot comment at this stage,” he said.
He claimed the matter was reported to the department of education.
The department’s spokesman Malibongwe Mtima, has refuted the claim, adding that superintendent-general Themba Kojana and MEC Mandla Makupula were utterly shocked and devastated to hear of the matter...