Vicky Rossouw (Photo: Sourced / Facebook @Pixie Pink - Victims' Advocate's) 
The National Prosecuting Authority has settled a multi-million rand damages case after they were sued for allegedly maliciously arresting a prosecutor who, at the time, was representing the State in one of the province’s largest child pornography and sexual offence cases.
Advocate Mthunzi Mhaga said the details of the settlement with Vicky Rossouw were confidential, but he could confirm that an agreement had been reached.
In 2022, a man from Paradise Beach, Jeffreys Bay was charged with more than 700 offences relating to the illegal possession, manufacturing and distribution of child pornography, child trafficking, rape, sexual assault, sexual exploitation, sexual grooming, exposing of children to child pornography, displaying of child pornography, to persons who are mentally disabled, using children for or benefiting from child pornography, failure to immediately report a sexual offence against a child, and bestiality.
In April 2025, he was convicted and sentenced to life imprisonment. The court found that he had abused children in his care for seven years between 2015 and 2022. He was living with the mother of some of his victims, but one of the complainants was his biological child. As a result, he is not being identified to protect the child’s identity.
According to the judgment, delivered in April this year by Judge Nyameko Gqamana, the children testified that they were exposed to pornography from as early as the age of 10. One of the complainants further detailed how her father had sexually assaulted her.
She also testified that she was raped by her half-brother on occasion in the presence of the accused. These acts were photographed by the accused.
“The witness also mentioned that her mother reminded her that what happens in their house must remain internal. She further testified that the accused also warned her about possible investigation by the police and that she should not say anything to them. Despite taxing and lengthy cross-examination, the witness was unshaken and refuted the accused’s propositions put to her that he denies that he had sexually abused her,” Gqamana continued.
The report that she was raped by her half-brother was confirmed by two other witnesses. She reported the rape to her aunt in 2022.
In the judgment Gqamana found: “[The accused] admitted that he was aware of the report that his stepson had raped his daughter, but he did not report (it). His defence to that was that, he called the prosecutor Vicky Rossouw for advice and on the basis of the information from her, he explained the pros and cons to his daughter of reporting such an incident. He said his daughter had elected not to open a case against her half-brother.
Later, Gqamana highlighted that regarding the charges for failing to report a sexual offence against children, evidence showed the accused was aware that his stepson had raped his daughter. The accused’s partner corroborated this testimony, confirming he did not report the abuse despite knowing about it.
The Gqamana judgment continued that the evidence before court showed that the accused had called Rossouw and spoke to her about this incident, as well the sexual molestation of his other children by his stepson. “Despite such discussions with the aforementioned prosecutor, he did not report such incidents to the police. On his own evidence, there was no valid defence from not reporting such incidents,” the court continued.
This finding, however, related only to the accused before court.
In 2022, before the case went to trial, Rossouw was arrested for failing to report the same case of sexual abuse of a minor, following the phone call referred to by the judge. She has always denied this. The charges were later withdrawn against her.
Rossouw sued the NPA in the Eastern Cape Division of the High Court sitting in Gqeberha for R6-million in damages, arguing that neither Constable Wimpie Azenha from the Family Violence, Child Protection and Sexual Offences Unit in Humansdorp nor her own colleagues, advocate Indra Goberdan or the Humansdorp control prosecutor Nita Mentz, had properly investigated the case before arresting her.
In her original papers before the court, it was mentioned that the police did not take a statement from her that could have been entirely exculpating. Mentz also wrote to AfriForum, using the transcript of the phone call referred to in the judgment, to complain about the charges being withdrawn against Rossouw.
According to papers before the court, Rossouw was arrested on 7 November 2022 and detained in a police car before she was released on warning. In May 2023, the charge against her was withdrawn by the Eastern Cape Director of Public Prosecutions, advocate Barry Madolo. She retired at the end of 2023.
Rossouw confirmed that she had reached a confidential settlement with the NPA. DM