NPA ordered to pay AfriForum private prosecution unit’s costs after not prosecuting assault

The National Prosecuting Authority (NPA) has been ordered to pay the costs of a private prosecution after declining to prosecute an assault case.

The Mamelodi Magistrate’s Court ordered the NPA to pay the costs incurred by AfriForum’s private prosecution unit for successfully convicting a man for the assault of his female neighbour.

Abuse

The case stems from an incident on 23 September 2023, when Nthabiseng Sebothoma was assaulted by her neighbour, Irvin Thabo Ngobeni, who tried to gain access to her Moretele Park home claiming that his car keys were on top of her roof and that he needed access to the property to find them.

When Sebothoma told Ngobeni to return at daybreak, he became verbally abusive and threatened to kill her.

When she denied him access to the property, he assaulted her by punching and kicking her, as well as scratching her and ripping her clothes.

Sebothoma opened a case with the police but, after six months, was told by the NPA that there was no case.

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Private prosecution

She approached AfriForum’s private prosecution unit after applying for a nolle prosequi certificate (NPA document stating it will not prosecute a case).

AfriForum Private Prosecution Unit spokesperson Barry Bateman said, Ngobeni was found guilty of assaulting Nthabiseng Sebothoma on 12 November last year, scoring a victory in the fight against gender-based violence.

“He was sentenced to three months in prison or a R6 000 fine, suspended for five years.”

Advocate Phyllis Vorster, who represented the organisation, said the NPA’s “irrational decision” not to prosecute Ngobeni created the need for private prosecution, which resulted in costs being incurred.

“It’s pertinent to point out that the NPA failed to monitor the prosecution with a view of joining the case when the facts became known.

“Even worse is the NPA’s failure to take charge of the prosecution for sentencing purposes. The NPA missed the opportunity to mitigate the costs associated with a private prosecutor.”

‘Securing justice’

 Advocate Gerrie Nel, head of the unit, said the costs order marks an important milestone in the development of private prosecution in South Africa.

“This cost order is an indictment of the NPA’s inexplicable failure to prosecute without fear, favour, or prejudice, and it sends a message that there are consequences when the criminal justice system fails victims.

“It is disturbing that our first three private prosecutions all involved gender-based violence, which the NPA chose not to prosecute.

“This demonstrates that the criminal justice system only pays lip service to its stated strategy of prioritising cases involving women and children,” said Nel.

Nel said the court order highlights the high cost of securing justice – which many South Africans cannot afford – when the NPA fails to hold criminals accountable for their actions.

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