The girl initially accused the two boys, aged 14 and 16, of drugging her and gang-raping her two weeks ago during school hours at the high school in Jeppestown.

This caused an outcry as the incident was also filmed on cellphones and sold and distributed among children at the school.

The boys were arrested last week but the National Prosecuting Authority (NPA) said in a statement this afternoon: “After studying the evidence contained therein, prosecutors had earlier concluded that there was insufficient evidence to prosecute the two minor suspects (for) rape and requested further investigations to be conducted while also considering other possible charges.”

Senior NPA officials thereafter had a “lengthy consultation” with the girl and possible witnesses, and following this and an analysis of the facts the NPA head Menzi Simelane ordered that all three the pupils be prosecuted.

The NPA said in the statement the pupils would face a charge based on Section 15 (1) (a) of the Sexual Offences and Related Matters Act 32 of 2007: “A person who commits an act of sexual penetration with a child is, despite the consent of the child to the commission of such an act, guilty of the offence of having committed an act of consensual sexual penetration with a child”.

This relates to statutory rape.

The Act further stipulates that once the National Directorate of Public Prosecutions (NDPP) has authorised such prosecution both children must be charged with contravening the relevant section.

The three appeared in court where a preliminary inquiry was held in terms of the Child Justice Act.

The children were then released into the custody of their parents.