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Mamelodi woman privately prosecutes man she accuses of late night assault

AfriForum’s Private Prosecution Unit has initiated an assault case on behalf of Nthabiseng Sebothoma against Irvin Thabo Ngobeni, who appeared in the Mamelodi Magistrates Court today (9 July). Sebothoma approached the unit because the police failed to properly investigate the case and the National Prosecuting Authority (NPA) later declined to prosecute it.

Sebothoma alleges that Ngobeni, her neighbour in Moretele Park, woke her up in the early hours of 23 September 2023, by knocking on her door. She says Ngobeni claimed that someone had thrown his car keys onto the roof of her house and he wanted access to the property so he could find them. Sebothoma alleges when she told Ngobeni to return the next day, he became verbally abusive and he threatened to kill her. When she denied him access to the property, he assaulted her by punching and kicking her, as well scratching and ripping at her clothes.

She says 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. “I feel that justice was not done correctly. They did not do proper investigations, that’s why I felt that AfriForum is the way to go. 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 for a person to do such a thing and our police system, our justice system failed to do the correct thing. So, I have good faith in AfriForum,” she said.

Barry Bateman, spokesperson for the unit, says the state abandoned its duty to support Sebothoma. “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. 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, AfriForum’s Private Prosecution Unit will support them,” said Bateman.

The case is being handled by private prosecutor Adv. Phyllis Vorster. It was postponed until 6 August, 2024, so Ngobeni could instruct his attorney.

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