Not enough evidence to prosecute DJ Fresh and Euphonik for rape, says NPA

The National Prosecuting Authority has confirmed it will not prosecute DJ Fresh and Euphonik on a rape charge as there was not enough evidence to prosecute them. The duo, real names Thato Sikwane and Themba Nkosi, were accused of allegedly raping and drugging a woman and her two alleged acquaintances ten years ago.

This came after a woman took to social media to publicly accuse them. She also called for the two to acknowledge they had raped her, saying she was a virgin at the time of the incident, and had to take anxiety medication before she could speak about it on social media. They denied the allegations, while the woman opened a rape case at the Sunnyside Police Station in early January.

NPA North Gauteng spokesperson, Lumka Mahanjana said there was insufficient evidence to prosecute Fresh and Euphonik upon perusal of the docket.

“With regards to the DJs Fresh and Euphonik matter, the docket was indeed presented to the prosecutor. Upon perusal of all the available evidence in the docket, a decision not to prosecute was taken. There are no prospects of successful prosecution on the available evidence, because the evidence is insufficient,” said Mahanjana.

In a statement released on Monday afternoon, Fresh and Euphonik said they had always maintained the rape accusation was false.

“We are pleased to state that after considering all of the evidence collected while investigating the claim made by Ms [name withheld] against us, the chief prosecutor has dismissed the allegations on the basis that the allegations are without merit.

“As we’ve said before, these are false allegations and we are deeply saddened that GBV, a serious crisis in South Africa, was weaponised in this manner,” said Fresh and Euphonik, who also thanked their friends and family, supporters and their legal team.

Recently, they parted ways with their employer, Radio 947, which is owned by Primedia. In going their separate ways, Geraint Crwys-Williams, the interim chief executive of Primedia Broadcasting, said they had taken a business decision and their decision was not to pronounce guilt in the criminal matter.

“Primedia Broadcasting can confirm that, after careful consideration of the events of the last few weeks, the company has decided to release DJ Fresh and Euphonik from their contracts. This decision does not reflect a view on the veracity of any allegations against either Euphonik or Fresh. Rather, it prioritises Primedia Broadcasting’s business imperatives. We believe that this decision is in the best interest of our company and our various stakeholders,” said Crwys-Williams.

Shortly after the announcement, Fresh and Euphonik announced they were available to resume gigs and also expressed they were confident they would be cleared of the rape charge.

“After extensive consultation, legal and otherwise, we have concluded that it is in our best interests to resume all of our public engagements. We look forward to our names being cleared. Unfortunately, we can’t find common ground with Primedia and have agreed a release from our obligations to the broadcaster with immediate effect. Thank you to Primedia for all the great broadcasting opportunities and moments,” they said at the time.

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