Irvin Thabo Ngobeni has been convicted for the assault of his neighbor, Nthabiseng Sebothoma, after a prolonged legal battle stemming from a lack of proper investigation by the police and the National Prosecuting Authority’s (NPA) refusal to pursue the case.

Despite a lenient sentence, Sebothoma expressed both relief and disappointment, highlighting the ongoing challenges victims face within the criminal justice system, especially in cases of gender-based violence.

According to AfriForum’s Private Prosecution Unit spokesperson Barry Bateman, the Mamelodi Magistrate’s Court sentenced Ngobeni to a fine of R6 000 or three months imprisonment wholly suspended for five years.

“In the early hours of 23 September last year, Sebothoma was woken up by Ngobeni, her neighbour in Moretele View, claiming 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.

“When Sebothoma told him 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, as well as scratching and ripping her clothes.”

Bateman said the court found Sebothoma to be a reliable witness and accepted her version of events, which her brother corroborated.

“Sebothoma approached AfriForum earlier this year because the police failed to investigate the case properly, and the National Prosecuting Authority later declined to prosecute it.”

He said that after the proceedings, Sebothoma was disappointed at what she perceived as a lenient sentence but also relieved because all she ever wanted was justice to be served.

Bateman said that a wholly suspended sentence may be viewed as lenient, but the fact that the accused was convicted and sentenced was the most important aspect of this case.

“While we are happy that Nthabiseng has been vindicated, we share her disappointment with what seems to be an inappropriately lenient sentence.

“In her judgment, the magistrate referred to Mamelodi recording the second highest number of GBV cases in the country, yet the convicted woman-beater is handed a wholly suspended sentence.”

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