NPA to Cover AfriForum's Prosecution Costs After Landmark Court Decision

In a precedent-setting judgment, the Mamelodi magistrate's court has mandated the National Prosecuting Authority (NPA) to reimburse AfriForum's private prosecution unit for expenses incurred during the successful legal action against Irvin Thabo Ngobeni, convicted of assaulting his neighbor, Nthabiseng Sebothoma. This decision underlines a significant advancement in the practice of private prosecution in South Africa, a mechanism that steps in when state prosecution opts out.

During the proceedings, which concluded on November 12, Ngobeni was found guilty of assault and received a sentence of either three months imprisonment or a R6,000 fine, with a five-year suspension. This case arose after an incident on September 23, 2023, when Ngobeni violently attacked Sebothoma following a dispute over misplaced car keys.

AfriForum's pursuit of this case stemmed from the NPA's initial refusal to prosecute, despite the clear evidence of assault. This refusal prompted advocates Phyllis Vorster and Obed Tongoane to initiate a private prosecution. According to Section 15(2) of the Criminal Procedure Act, the court can order the state to cover the private prosecution's costs if the accused is ultimately convicted.

The rationale for transferring the cost burden to the NPA was significantly influenced by their failure to initially take up the case and later to reassume control of the prosecution for sentencing. This situation underscored what AfriForum describes as a systemic neglect within the criminal justice system, especially concerning cases of gender-based violence.

Gerrie Nel, head of AfriForum's private prosecution unit, expressed concern over the NPA's inconsistency in prosecuting cases of violence against women, highlighting that the first three cases taken up by their unit involved gender-based violence that the state had initially ignored.

Furthermore, Nel pointed out that this cost order should serve as a wake-up call to the justice system, emphasizing the repercussions of failing victims of violence. AfriForum is also seeking a cost order in another high-profile case involving Alexi Bizos, signaling a potentially expanding role for private prosecutions in South Africa's legal framework.

This landmark decision not only reaffirms the potential of private prosecution as a critical tool for justice but also sends a robust message about the accountability of state institutions like the NPA. It underscores a growing judicial support for victims, ensuring they have avenues for recourse when the standard channels fail.