NPA to pay costs of AfriForum’s private prosecution
The Mamelodi Magistrate’s Court has ordered the NPA to pay costs incurred by AfriForum’s Private Prosecution Unit, after the successful conviction of a man who assaulted his female neighbour, TimesLIVE says.
AfriForum said yesterday it was a landmark decision and marked an important milestone in the development of private prosecution in SA.
On 12 November, the court found Irvin Thabo Ngobeni guilty of assaulting Nthabiseng Sebothoma. He was sentenced to three months in prison or a R6 000 fine, suspended for five years.
AfriForum said the Criminal Procedure Act allows for the court to order the state to pay the private prosecution’s costs and expenses if a private prosecution is initiated after the state declines to prosecute and the accused is convicted.
The private prosecutors were Advocates Phyllis Vorster and Obed Tongoane.
Vorster said 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’.
Gerrie Nel, head of the AfriForum Private Prosecution Unit, said the cost order was an indictment of the NPA’s inexplicable failure to prosecute without fear, favour or prejudice.
Nel said the order sent a message that there were consequences when the criminal justice system failed victims.
‘It is disturbing that our first three private prosecutions all involved gender-based violence, which the NPA chose not to prosecute,’ he said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
