NPA 'vindicated' as AfriForum withdraws case against alleged rapist
The National Prosecuting Authority (NPA) on Monday said it was vindicated by a decision by AfriForum not to prosecute a grandfather who allegedly raped his granddaughter.
AfriForum had announced in November 2018 that it would pursue a private prosecution in the matter registered at Garsfontein police station.
NPA spokesperson Phindi Mjonondwane said AfriForum was issued with a nolle prosequi certificate (indicating the NPA declined to prosecute), a prerequisite for the pursuit of a private prosecution.
This enabled the child's mother to privately prosecute the grandfather for alleged rape and sexual assault.
“The silence of AfriForum after abandoning one of their private prosecutions comes as no surprise as they have since realised the decision by the NPA not to institute criminal proceedings in that matter was valid,” Mjonondwane said.
She said advocates Gerrie Nel and Phyllis Vorster of AfriForum were due to institute and conduct the prosecution on behalf of the mother.
“They caused a subpoena to be served on the suspect, and he had to appear in court 8 Pretoria regional court on March 13 2019.
“The NPA has since learnt that AfriForum withdrew this prosecution on September 12 2019, citing that the mother does not want to continue with the prosecution,” she said.
Mjonondwane said the NPA initially declined to prosecute because there were no prospects of a successful prosecution as evidence in the docket did not constitute a prima facie case.
“It is the director of public prosecutions’ view that AfriForum encountered the same challenge, which affirms the correctness of the NPA’s stance in the matter,” she said.
Nel, who is AfriForum’s head of private prosecutions, said: “Because of court orders, we are unable and unwilling at this stage to comment on this matter.”