A Gauteng father accused of sexually assaulting his four-year-old twin daughters has failed in his urgent bid to force police to finalise their investigation. The man, who represented himself, approached the North Gauteng High Court in Pretoria seeking an order compelling the Minister of Police to finalise the investigation within seven days and provide written confirmation of its outcome. He also wanted the court to restore his parental rights, including primary residence and contact with the children.
The children, whose names have been withheld to protect them, were born in September 2022. According to the judgment, the father and their mother began a romantic relationship in April 2020, which ended in February 2025. The father left the shared home with the children in August 2025, after which the dispute escalated, with the mother approaching police and a criminal docket being opened against the father for allegedly kidnapping his own children. He was arrested but later released without appearing in court.
The mother subsequently refused to hand over the children, despite an interim order from the Domestic Violence Court directing that they be returned. The father complained that police refused to assist in enforcing the order and declined to open a case of contempt against the mother. In July 2026, the mother allegedly reported the father for sexually assaulting the children, who were examined on July 2 and J88 forms were completed.
The father denied the sexual assault allegations and previously approached the High Court seeking restoration of the children's primary residence, an order preventing further criminal complaints against him, and protection from arrest. That application was dismissed, while the family advocate was ordered to investigate the children's circumstances and report on their best interests. The father later returned to court, arguing that the police investigation had dragged on despite being told it would take about two weeks.
The police told the court that the investigation remained active and had not been abandoned, neglected, or unreasonably delayed. Several investigative steps still had to be completed, including obtaining a report from a forensic social worker, which was crucial for finalising the investigation. The police said the report was particularly important, and without it, the investigation could not be finalised.
The court found that there was no evidence of a refusal by police to investigate, bad faith, or an unreasonable failure to perform a public duty. The judge acknowledged the difficult position in which the father found himself, noting that the investigation concerned his own children and that his parental rights had effectively been suspended. However, the court rejected the father's demand that the investigation be completed within seven days, describing it as unreasonable.
The judge criticised the police for not providing greater clarity about the progress of the investigation and stressed that the police have a constitutional duty to investigate crime. The court also found that the father's failure to join the children's mother as a party to the proceedings counted against him, as she had a direct and substantial interest in the application, particularly the father's request for changed residence and contact arrangements.
Key points
- The Gauteng father's bid to force police to finalise their investigation into alleged sexual assault of his twin daughters has been dismissed by the North Gauteng High Court.
- The court found no evidence of a refusal by police to investigate or bad faith in the ongoing probe.
- The investigation's duration has effectively suspended the father's parental rights, with the children no longer having normal access to him.
