Activists question police investigation after teenager linked to Octavia Swarts murder is released - IOL

Octavia Swarts was a learner at Joostenberg Primary School.

The Callas Foundation believes Kraaifontein police may have failed to build a strong enough case against the 14-year-old boy accused of murdering 10-year-old Octavia Swarts.

The foundation’s programmes director, Phelisa Mashiyi, said the swift return of the docket to police could indicate investigators had not gathered enough evidence for the NPA to enrol the case.

She said: “In order for a person to be arrested there needs to be reasonable suspicion that they have committed a crime. And that is not even enough to enrol a case.

“There needs to be certain evidence and facts in place that have been compiled by SAPS so that the NPA can actually enrol that case in court.

“The way this docket was sent back to SAPS so quickly, is a strong indication that the information that was presented by the investigating officers was not sufficient to put in front of a magistrate,” Mashiyi said.

A map showing the farmhouse where Octavia lived.

She said: “There is nothing wrong with cases not being enrolled if there is insufficient evidence. That means there is an opportunity to do further investigation to ensure that the case is stronger.

“But that needs to be communicated, especially to the family of a victim.”

She added that the minor suspect’s age could also affect the prosecution process, as his criminal capacity may have to be assessed.

The latest development follows the teenager’s arrest after Octavia disappeared on Sunday afternoon while reportedly going for a run with her cousin on a farm.

Her body was found near a farm dam the following day.

The family said Octavia’s face was partially mutilated.

When IOL Media visited the farm on Tuesday, relatives pointed out a pool of blood between a guava plantation where they believe Octavia was killed.

They said they believe that her body was then dragged from the plantation and dumped near the dam.

Octavia’s 14-year-old cousin was arrested on Monday and released after the case was not enrolled.

A family member points to the spot where Octavia is believed to have been killed before her body was allegedly dragged away and dumped near the farm dam.

Octavia’s sister, Gwendolene Swarts, confirmed on Thursday that he is back on the farm.

“They are keeping him inside the house. So far there has not been any new information.

“As a family we feel like we are being left in the dark. Because what happens now?,” she said.

Meanwhile, Patriotic Alliance MPP Sammy Claassen has also weighed in.

After visiting the family on Wednesday, Claassen said: “Octavia's life was taken away by a murderer who robbed her of her dreams in the most violent and cruel way.

“I am returning tomorrow in order to formally lay complaints against the Kraaifontein SAPS and Forensic Services for how this case was handled.”

IOL Media explicitly asked the Western Cape National Prosecuting Authority (NPA) why the docket was sent back to the investigating officers and what now happens with the case.

Its spokesperson, Eric Ntabazalila, only replied with a one-liner: “The docket has been referred back to the police for further investigation.”