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AfriForum’s Private Prosecution Unit has secured another costs order compelling the National Prosecuting Authority (NPA) to cover the costs of successfully privately prosecuting a case, this time a rapist. The KwaNojoli Magistrates’ Court granted the order on Monday, 14 September, the same day it dismissed Isaac Andile Memese’s application to appeal against his conviction and 20-year prison sentence for the 2017 rape of Celeste Gouws, who has consented to being identified. Memese was convicted and sentenced on 5 March this year.

On the night of 2 September 2017, Memese consumed alcohol with Gouws and her friend until she was severely intoxicated. Earlier in the evening, she had called that friend to the house because she suspected Memese was making unwanted sexual advances. The friend put Gouws to bed and left the property with Memese, but the rapist returned a short while later to find the severely intoxicated Gouws, and sexually violated her. 

The case has a lengthy and protracted history. The NPA issued the nolle prosecuicertificate on 30 July, 2020; the trial began on 13 July, 2021, with the accused pleading not guilty; the private prosecutor closed its case on 23 February, 2022; the defence closed its case on 20 April, 2023; the parties presented closing arguments on 12 July, 2024; and judgement was set to be delivered on 26 November, 2024, but after several postponements was eventually delivered on 5 March this year. Between all these dates were numerous other court appearances for postponements that nevertheless required the Private Prosecution Unit’s team’s attendance, and the need to make the 800km journey from Gauteng to the Eastern Cape. 

All of these expenses, including the costs of Advocates Gerrie Nel and Phyllis Vorster, will be factored in when submitting the invoice to the NPA.  

In terms of Section 15(2) of the Criminal Procedure Act, the court may order the NPA and accused to pay the private prosecutor’s costs and expenses if private prosecution is initiated after the state declines to prosecute and the accused is convicted. This is the third such costs order secured by the Private Prosecution Unit. In May 2025, the Johannesburg Magistrates’ Court awarded costs to the unit after dismissing Alexi Bizos’ application for leave to appeal his conviction for assault with intent to cause grievous bodily harm against his ex-wife, Monique van Oosterhout.  In March last year, the Mamelodi Magistrates’ Court ordered the NPA to cover the costs of privately prosecuting Irvin Thabo Ngobeni, who was convicted of assaulting his female neighbour, Nthabiseng Sebothoma.

Barry Bateman, spokesperson for the Private Prosecution Unit, says the decision once again highlights the critical role civil society plays in filling the gaps left by state institutions when they fail victims of crime. “Private prosecutions are expensive and beyond the reach of most victims of crime. The Private Prosecution Unit therefore owes a debt of gratitude to the thousands of AfriForum members whose generosity enables us to continue fighting for victims, particularly victims of gender-based violence. This costs order comes at a time of heightened scrutiny of the state’s failure to protect the most vulnerable in society. For as long as the police and the NPA fail women, the Private Prosecution Unit will continue to stand up for them,” said Bateman.

Issued by AfriForum