A private prosecution unit is taking up the fight of two women who feel the National Prosecuting Authority (NPA) has abandoned them in their quests for justice.

AfriForum’s Private Prosecution Unit says they have made two representations to the NPA after the court case of a Pretoria woman, who was allegedly sexually violated with a spoon, was postponed to August 1 for trial.

Spokesperson Barry Bateman says this is to ensure the accused is charged with rape.

Despite declarations made under oath and photo evidence, the NPA did not charge the man accused of the crime with rape during his first appearance on July 4.

“Since the case, we wrote twice to the NPA, but have not had a response to either of our letters,” says Bateman.

He says the Pretoria North Magistrate’s Court also, in the run-up to the case on July 4, ignored the unit’s requests that the case be transferred to a regional court and that the accused be charged with the sexual offence.

“To avoid obstacles that may prevent access to the letters, the unit handed over two hard copies to the prosecutor on July 4.

“As stated in the letters, the accused allegedly subjected the pregnant complainant to physical abuse, such as punching, slapping, throttling, throwing her against [a] wall, and sexual violence, including inserting a tablespoon into her private parts causing massive bleeding,” says Bateman.

The NPA stayed mum on enquiries from Pretoria Rekord on why the requests from the unit went unanswered.

The newspaper also sent questions about the allegations that the prosecutor assigned to the case was ill-treating the complainant, exposing her to secondary trauma, and that evidence had gone missing from the docket. No answer was received, despite ample time given for a response.

The accused cannot be identified until he has pleaded but Felicia Mkondo, the complainant, consented to making her identity known.

The alleged offences took place between February and December 2022, while the complainant and the accused were in a romantic relationship.

Bateman says this proves that the NPA continues to fail female victims of crime.

The unit has also initiated an assault case on behalf of Nthabiseng Sebothoma, against Irvin Thabo Ngobeni, who appeared in the Mamelodi Magistrate’s Court on July 9.

“Sebothoma approached the unit because the police failed to properly investigate the case and the NPA later declined to prosecute it,” says Bateman.

He says Sebothoma alleges that Ngobeni, her neighbour in Moretele Park, woke her up in the early hours of September 23, knocking on her door.

Ngobeni allegedly claimed that someone had thrown his car keys onto the roof of her house so he needed access to retrieve them.

Sebothoma alleges when she told Ngobeni to return the next day, he became verbally abusive and threatened to kill her.

When she denied him access to the property, he assaulted her by punching and kicking her, and 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 before approaching the unit for help. This is a formal certificate issued by the NPA confirming that it declines to prosecute.

“I feel that justice was not done correctly. They did not do a proper investigation, that’s why I felt that the unit is the way to go,” she says.

“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. Our police system; our justice system failed to do the correct thing.”

Bateman says the state once again abandoned its duty to support victims.

“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,” he says.

“Nthabiseng was left in the dark and had to follow up with the investigator and prosecutor to get updates on the status of the matter. Where the state abandons victims of crime, we will support them,” says Bateman.

The case was postponed to August 6 for Ngobeni to instruct an attorney.