Statement by Tandiswa Tokwe
I am the mother of two children and the grandmother of three grandchildren.
On 27 May 2019, I took what to me was a brave step and crossed the ocean to assume employment in the residence of the South African Ambassador in Tokyo, Japan.
This was so that I could put bread on the table of my dependents.
In an unexpected twist, I found myself being the victim of a physical assault at the hands of Mrs Nokwazi Ngonyama, the wife of the Ambassador, His Excellency Smuts Ngonyama.
It was a traumatic experience that still haunts me to this day.
Traumatised and stranded in a foreign land beyond the seas, it was through the assistance and intervention of Mr. Andrew Feinstein and Ms. Nicole Fritz that I could make my way home.
I am still grateful for their assistance.
Having arrived in my native country, and in October 2023, I duly registered a criminal complaint of assault, with intent to do grievous bodily harm, with the South African Police Service, at Inyibiba Police Station, Mdantsane.
Having registered the case, I experienced what I believe is an unusual occurrence, being visited by a person who introduced themselves as Advocate Cele, an employee of the National Prosecution Authority.
His question to me was, “What is it that I want from this case?”
In response, I advised the advocate that I wished to proceed with the criminal prosecution.
His second question was, “If the case could go for mediation, would I not be scared of the Ambassador and his wife?”
I answered, “No.” From that day, I experienced what to me appeared to be delays in enrolling the matter in the courts, until the Commission for Gender Equality wrote to the Director of Public Prosecutions on my behalf.
In response to the communication from that organization, the National Prosecution Authority advised that several attempts were made to serve a summons on the person I complained against, but she refused to accept service.
I was also advised that the situation escalated to the point that the control prosecutor was asked to apply for a warrant of arrest, in order to secure her appearance in court.
The accused, having appeared, besides her on a number of times failing to appear in court, on what appeared to be co-incidental ill-health, through her legal representative, raised the point that the court she was summoned to had no jurisdiction.
The court was advised that representations to this effect were made to the Director of Public Prosecutions.
The following is the history of appearances of this matter:
● On 29 November 2024, the matter appeared for the first time. Mrs. Ngonyama failed to appear and was reported sick.
● On 31 January 2025, the Legal representative of Mrs. Ngonyama advised the court that they were still awaiting the decision of the Director of Public Prosecutions in relation to representations they had made about the court before, which she was appearing, not having jurisdiction. The matter was postponed, pending the outcome of her representations.
● On 14 February 2025, the Legal representative of Mrs Ngonyama advised the court that they received the outcome of her representations and intended to appeal such outcome to the National Director of Public Prosecutions. The matter was postponed to 14 March 2025.
● On 14 March 2025, Mrs Ngonyama was once again not before the court, reportedly due to illness . Her legal representative advised the court that they were awaiting the outcome of her appeal to the National Director of Public Prosecutions. The matter was postponed to 25 April 2025.
● On 25 April 2025, the Legal representative of Mrs Ngonyama advised the court that the National Director of Public Prosecutions was still considering their appeal. Further, they advised the court that the National Director of Public Prosecutions advised them that she received the relevant documents on 17 April 2025. The matter was postponed to 27 June 2025, for the decision of the National Director of Public Prosecutions.
● On 27 June 2025, the matter was again postponed, this time to 29 August 2025, for the decision of the National Director of Public Prosecutions.
● On 29 August 2025, the Public Prosecutor advised the court that the decision of the National Director of Public Prosecutions had still not been received. She added that one Advocate Gola, of the Bhisho DPP office, had not sent “corrections“ to the National Director of Public Prosecutions to enable her to make a decision on the matter. The defence of Mrs. Ngonyama asked the court to strike the matter off the roll. The Public Prosecutor did not object to the matter being struck off.
Today is the 29th of October 2025; it is exactly two years after I registered a complaint against Mrs. Ngonyama for the blatant attack on my body. To this day, no decision has been made as to which court has jurisdiction to hear my matter.
I am heartbroken and disappointed.
My family and I have been left with a few unanswered questions: Why should it take NPA this long to decide this issue?
Why did the prosecutor elect not to oppose the application to strike my matter off the roll? What “corrections “ needed to be sent by Advocate Gola to the NDPP?
Why did he fail to send such “corrections “?
Is it because I am a lesser person and insignificant?
Are the scales so unbalanced that my right to justice has simply faded into insignificance?
Is equality before the law just empty talk, to please the plebians and induce in them a sense of worthiness?
Has the VIP status of Mrs. Ngonyama denuded me of all protection from the law?
The conduct of the NPA so far has not instilled much confidence in me.
I feel I am left on my own, hoping the system will protect me.
