AfriForum advocate Phyllis Vorster, Sgt Lizzie Mojapelo and AfriForum private prosecution unit communications manager Barry Bateman outside court.
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AfriForum's private prosecution unit says it was surprised to learn the case against Gauteng provincial legislature deputy speaker Nomvuyo Mhlakaza-Manamela had been set down for trial on Thursday at the Johannesburg magistrate’s court.

Mhlakaza-Manamela faces charges of assault and crimen injuria for allegedly attacking police protection and security services officer Sgt Lizzie Mojapelo.

The organisation said the matter was postponed because the presiding officer was unavailable. Mojapelo approached AfriForum’s private prosecution unit after the National Prosecuting Authority (NPA) chose not to pursue the case.

The matter was withdrawn last year after senior prosecutors allegedly told Mojapelo the matter would be difficult to prosecute because the suspect is a high-profile person.

The decision not to prosecute Mhlakaza-Manamela was reviewed after the unit made representations to the Gauteng South director of public prosecutions.

AfriForum said it established that Mhlakaza-Manamela made her first appearance on the re-enrolled charges on August 10, when the prosecutor was first handed the docket and the matter was set down for trial on Thursday.

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It said it would write to the NPA to ask why the complainant was not informed about the first appearance of the accused, nor told that the appearance on Thursday was for the purposes of trial.

“In light of the matter being set down for trial, why did the prosecutor not consult with the complainant beforehand and why was the matter set down for trial a week after the first appearance, when the prosecutor appears woefully unprepared to proceed?” it said in a statement.

The organisation said it would also inquire why the accused had not been charged with interference in a police officer’s duties, in terms of the SA Police Service Act, because Mojapelo was on duty at the time of the incident.

The unit said it believed the sudden urgency to dispense with the matter suggested the NPA continued to act favourably towards accused people who are politically connected.

The unit said it would not stand by and watch what appears to be the precursors to an injustice, engineered by the people who are supposed to support victims of crime.

“Nevertheless, the unit is pleased that the matter has finally been enrolled and Mojapelo will have an opportunity to tell her story to a magistrate”

NPA spokesperson Phindi Mjonondwane said the matter was postponed to September 22.

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