Advocates Phyllis Vorster and Obed Tongoane who represented Nthabiseng Sebothoma in her assault case
Image: AfriForum
The Mamelodi Magistrate’s Court has ordered the National Prosecuting Authority (NPA) to cover the costs incurred by AfriForum’s private prosecution unit after the successful conviction of Irvin Thabo Ngobeni for assaulting his female neighbour, Nthabiseng Sebothoma.
On November 12, 2024, the court found Ngobeni guilty for the brutal attack on Sebothoma that took place in Moretele View, Tshwane, on September 23, 2023. He has been sentenced to three months in prison. This can be converted to a R6,000 fine or suspended for five years.
Under section 15(2) of the Criminal Procedure Act, the courts have the discretion to order the state to pay costs incurred in private prosecutions when the state declines to act, provided a conviction is secured. In this instance, advocates Phyllis Vorster and Obed Tongoane represented Sebothoma in the private prosecution.
Vorster expressed her concerns regarding the NPA’s handling of the case, stating that their irrational choice not to prosecute Ngobeni created the necessity for private prosecution, ultimately resulting in unnecessary costs.
“It’s pertinent to point out that the NPA failed to monitor the prosecution with a view to 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,” she said.
Irvin Thabo Ngobeni in the dock. Photo: Supplied
Image: Supplied
Ngobeni’s assault on Sebothoma stemmed from a dispute over the alleged throwing of car keys onto her roof, a minor issue that escalated into a violent confrontation. After she denied him access to her property, Ngobeni’s aggression peaked as he verbally abused her and physically assaulted her, resulting in visible injuries.
Gerrie Nel, head of AfriForum's private prosecution unit, stated that the court’s cost order serves as a damning indictment of the NPA’s negligence in prosecuting gender-based violence cases.
“This order sends a clear message: there are consequences when the criminal justice system fails victims," he said.
Nel said the case marked yet another instance of the NPA neglecting to pursue cases of gender-based violence.
“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,” he added.
sinenhlanhla.masilela@iol.co.za
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