KEY POINTS
- The court ruled that the NPA must cover legal costs after AfriForum secured a conviction.
- AfriForum criticized the NPA for neglecting gender-based violence cases.
- Ngobeni’s assault case began with a minor dispute before escalating into violence.
The Mamelodi Magistrate’s Court ruled that the National Prosecuting Authority (NPA) must cover the legal costs incurred by AfriForum’s private prosecution unit.
This followed their securing of the conviction of Irvin Thabo Ngobeni for assaulting his neighbor, Nthabiseng Sebothoma.
Ngobeni was found guilty on November 12, 2024, for an attack that occurred in Moretele View, Tshwane, on September 23, 2023.
He was sentenced to three months in prison, a punishment that can be converted into a R6,000 ($321) fine or suspended for five years.
Under Section 15(2) of the Criminal Procedure Act, the court has the discretion to order the state to pay costs incurred in private prosecutions. This applies if the state declines to act but a conviction is secured.
According to IOL, advocates Phyllis Vorster and Obed Tongoane represented Sebothoma in the case, stepping in after the NPA refused to prosecute.
AfriForum calls ruling a victory for justice
Speaking on the case, AfriForum’s private prosecution unit head, Gerrie Nel, said the ruling highlights the NPA’s failure to take action against gender-based violence (GBV) offenders.
“This order sends a clear message: there are consequences when the criminal justice system fails victims,” Nel said.
He also pointed out that this is not the first time the NPA has failed to prosecute cases involving GBV. He noted that their first three private prosecutions all involved gender-based violence.
Advocate Vorster criticized the NPA’s reluctance to take control of the prosecution. He stated that their failure to intervene increased the financial burden of private prosecution.
“The NPA missed the opportunity to take charge of this case and ensure justice was served without unnecessary costs,” she said.
Assault case stems from minor dispute
The incident that led to Ngobeni’s conviction began with a minor dispute over car keys allegedly thrown onto Sebothoma’s roof.
After she refused to grant him access to her property, Ngobeni became aggressive. He verbally abused her before physically attacking her, leaving her with visible injuries.
Sebothoma sought justice, but when the NPA failed to prosecute, AfriForum stepped in to pursue a private prosecution.
The conviction is seen as a step forward in the fight against GBV. However, legal experts have raised concerns about the NPA’s handling of similar cases.
With the court’s ruling, the NPA must now cover legal costs. This development further intensifies scrutiny over its decision-making process in GBV cases.
