The private prosecution unit of AfriForum said they made two representations to the NPA after the court case of a Pretoria woman allegedly sexually violated with a spoon was postponed to August 1 for trial.
Spokesperson Barry Bateman said this was to ensure the accused is charged with rape. Despite declarations made under oath and photo evidence, the National Prosecuting Authority (NPA) did not charge the man accused of the crime with rape during his first appearance on July 4.
“Since the case, we wrote twice to the NPA but have not had a response to either of our letters,” said Bateman.
Bateman said the Pretoria North Magistrate’s Court also, in the run-up to the case, ignored the unit’s request that the case be transferred to a regional court and the accused charged with this serious sexual offence.
In the run-up to the case on July 4, the unit wrote to ask that rape be added to charges of assault with intent to cause grievous bodily harm and sexual harassment that also went unanswered.
To avoid any possible obstacle that may prevent access to the letters, the unit handed over two hard copies of these letters to the prosecutor on the day of the court case on July 4.
As stated in these letters to the NPA, the accused allegedly subjected this highly pregnant complainant to physical abuse such as punching, slapping, throttling and throwing her against the wall as well as sexual violence including inserting a tablespoon into her private parts causing massive bleeding.
The NPA stayed mum on enquiries from Rekord on why these requests from the unit went unanswered.
Questions were also sent on the allegations that the prosecutor assigned to the case was ill-treating the complainant, exposing her to secondary trauma, and evidence had gone missing from the docket. No answer was however received despite ample time given for a response.
The accused cannot be identified until he has pleaded but Felicia Mkondo, the complainant, consented to making her identity known.
The alleged offences took place between February 2020 and December 2022, while the complainant and the accused were in a romantic relationship.
Bateman said this proves the NPA continues to fail female victims of crime.
The unit has also initiated an assault case on behalf of Nthabiseng Sebothoma against Irvin Thabo Ngobeni, who appeared in the Mamelodi Magistrate’s Court on July 9.
“Sebothoma approached the unit because the police failed to properly investigate the case and the National Prosecuting Authority later declined to prosecute it,” said Bateman.
He said Sebothoma alleges that Ngobeni, her neighbour in Moretele Park, woke her up in the early hours of September 23 2023, by knocking on her door.
Ngobeni allegedly claimed that someone had thrown his car keys onto the roof of her house so he needed access to retrieve them.
Sebothoma alleges when she told Ngobeni to return the next day, 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 and ripping at her clothes.
She said that neither the police nor the NPA expressed any interest in pursuing the case, despite it being a straightforward matter corroborated by an eyewitness and supported by a medical report confirming the injuries.
Sebothoma applied for the nolle prosequi certificate herself before approaching the unit for help. This is a formal certificate issued by the NPA confirming that it declines to prosecute.
“I feel that justice was not done correctly. They did not do a proper investigation, that’s why I felt that the unit is the way to go,” she said.
“I’m so grateful. I’m confident that I will get justice. I’m now at ease and relieved. I was so frustrated, it was depressing for me, and it was very emotional. Our police system, our justice system failed to do the correct thing,” she said in a press statement.
Bateman said the state once again abandoned its duty to support victims.
“This is a fairly straightforward case, yet the authorities made no effort to ensure it was properly investigated and prosecuted. This is also another example of the police and the NPA’s failure to communicate with victims of crime,” he said.
“Nthabiseng was left in the dark and had to constantly follow up with the investigator and prosecutor to get updates on the status of the matter. Where the state abandons victims of crime, we will support them,” said Bateman.
The case was postponed to August 6 for Ngobeni to instruct an attorney.
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