Kempton Park – The State is forging ahead with a domestic violence case against Premier Soccer League (PSL) general manager Ace Ncobo, despite a plea from his partner to drop the matter. This decision stems from the state’s obligation to protect victims of gender-based violence (GBV), even when complainants change their stance.
Ncobo, 58, appeared in the Kempton Park magistrate’s court on Tuesday on charges of common assault. The incident relates to an altercation on June 28, during which he allegedly slapped his 27-year-old partner multiple times. Although the complainant has since retracted her statement and declared she no longer fears for her safety, the court has chosen to proceed.
Ncobo was living with the complainant at the time of the alleged assault. His wife was present during Tuesday’s court appearance, and the couple left the courtroom together. A protection order granted to the complainant remains active.
Prosecution Questions Withdrawal’s Validity
The complainant submitted a withdrawal affidavit, stating she does not wish to testify and has no fear for her safety. However, Prosecutor Takalani Mukhumo argued that the document was not filed through standard police channels and may be invalid.
“We don’t know how this statement was obtained,” said Mukhumo. “The complainant initially reported feeling threatened. That can’t be ignored simply because she has changed her mind.”
Mukhumo further pointed out that Ncobo is currently out on bail in a separate fraud case in the Johannesburg magistrate’s court. “This assault occurred while he was already on bail. What assurance do we have that he won’t reoffend?” he said.
Ncobo launched a foundation focused on tackling GBV in November, further highlighting the irony of the case.
NPA Stands Firm on Victim Protection
The National Prosecuting Authority (NPA) said it would not back down on the case, in line with the Domestic Violence Act. NPA spokesperson Phindi Mjonondwane emphasized the importance of ensuring the complainant’s safety, regardless of any withdrawal request.
“The NPA’s policy does not permit the automatic withdrawal of domestic violence cases. We are mandated to verify whether the complainant is still at risk,” Mjonondwane said.
She explained that every withdrawal affidavit is subject to investigation. “It’s crucial to understand the circumstances under which such documents are filed.”
Ncobo’s lawyer, Advocate Leon Khoza, confirmed that his client has not contacted the complainant since his arrest. He stressed that the complainant acted independently in retracting the charges.
Even so, Khoza acknowledged that the prosecution holds ultimate discretion. “Even if the complainant wants to withdraw, the state is entitled to proceed,” he said.
Strict Release Conditions for Ncobo
Magistrate Bella Letoaba released Ncobo on warning with strict conditions. These include full compliance with the protection order and zero contact with the complainant.
The case has been postponed to September 3 for further investigation.
