Four Men Found Guilty of Murder of Zoliswa Nkonyana

Zoliswa Nkonyana

Four men were found guilty of the murder of Zoliswa Nkonyana for being lesbian by Magistrate Raadiya Whaten in the Khayelitsha Regional Court in Cape Town, South Africa. The 19-year-old was stabbed, kicked and beaten to death by a mob on February 4, 2006. Last month the court acquitted two of the accused and dropped charges against all of the men for attempted murder. In the five and a half years since the case began, there have been upwards of 40 postponements.

From Free Gender (Convicted #1, 4, 5 and 9 in the story below are Lubabalo Ntlabathi, Sicelo Mase, Luyanda Londzi and Mbulelo Damba):

The Magistrate reviewed the entire case, including the three ‘trials within trials’ regarding the confession of Accused #4, the DNA evidence taken from blood found on Accused #5's tekkies, and the police statements made by other accused. The confession and the DNA, which demonstrated that the blood on the shoes belonged to Zoliswa, were found admissible into evidence. However, the police statements made by the other accused were not. The Magistrate stated that on this point that the statements were not admitted because of the “sloppy manner” in which those statements were taken by police.

The Magistrate also reviewed the witness testimony given by Pindiswa and Laura. Taken together, their testimony tells the story of an altercation that broke out in the ladies’ toilets at Phela’s tavern. Pindiswa and Zoliswa were chastised for using the ladies’ bathroom and called ‘tomboys.’ After this, Accused #4 slapped Zoliswa in the presence of everyone in the tavern. When Zoliswa and Pindiswa left, they were chased by a group. Pindiswa was hit with a golf stick, and Zoliswa was stabbed and hit with bricks. The Magistrate compared the testimony of these two witnesses to the confession of Accused #4, and found that they were very similar and a “golden thread” could be drawn regarding the events on the Zoliswa was murdered. At several points, the Magistrate made reference to Zoliswa’s sexual orientation as being the motivation for her murder.

Despite poor lighting, the distance at which Laura and Pindiswa viewed the murder, and the 3 years between the incident and their testimony, the Magistrate found Pindiswa and Laura to be “honest witnesses.” And since only Accused #5 testified in court, no alternative version of events was fully put forward. The Magistrate wholly disregarded the explanation of Accused #5 who claimed that Zoliswa’s blood must have “jumped” onto his tekkies.

The Magistrate concluded based on Accused #4's confession that those participating in the assault acted with “common purpose.” All had been involved in the altercation outside the bathrooms at the shebeen, all had been chased her, and all had participated in the assault. Further, Zoliswa was “tiny girl” and it was reasonable to conclude that such an assault on her would lead to her death.

The only issue remaining was the question of identity. On this point, the Magistrate cited the testimony of the investigator who said that Accused #7 and #8 were in police custody for robbery at the time the murder allegedly took place. She also said that the State had not built a strong case against Accused #2. At this juncture, she acquitted #2, #7 and #8. She then said that the names of Accused #1, 4, 5 and 9 came up again and again, leading her to conclude that they had been reliably identified as participating in the crime. She said that “regardless of their role” whether stabbing, kicking or beating, their cumulative acts resulted in the death or Zoliswa. She said that it was “beyond reasonable doubt” that the involvement of #1, 4, 5 and 9 resulted in Zoliswa’s death, and she convicted them of murder.

Last month's trial was protested by a coalition of civil society organisations including the Social Justice Coalition, Free Gender, Treatment Action Campaign, Triangle Project and the Sonke Gender Justice Network. These organisations issued a joint press statement addressing the failures of the police and justice system inherent in this case.

South Africa's Commission for Gender Equality Demands Action on LGBTI Murders

Barney van Heerden

The Star recently reported on the striking similarity in the murders of four gay men in Johannesburg sparking fears that there may be a serial killer in the area. A fifth murder came to light today with similar features. South Africa's Commission for Gender Equality (CGE) issued a statement yesterday condemning the police and the Department of Justice for not doing enough to solve these murders and others.

From The Star:

FOUR violent murders in which gay men were bound and strangled to death have police and forensic specialists investigating the possibility that a serial killer, or homophobic group, is stalking Joburg’s gay community.

All of the victims, discovered in the past 10 months, were found tied up and strangled inside private homes within the greater Joburg area – with police recording no signs of forced entry.

Police working on all four cases believe the minimal theft means robbery was not a motive. It is believed the lack of break-ins may mean the victims knew their would-be killers and could actually have invited them in.

The most recent victim, Barney van Heerden, 39, was found bound and strangled in his Orange Grove home on September 19. The murder was discovered by security guards, after they noticed his car gate was open and his front door unlocked.

Police believe Van Heerden may have known his attacker or attackers, as half-full glasses of wine were found on the kitchen table. Since the incident was reported, distraught relatives, friends and other members of the gay community have come forward, describing other recent violent crimes that seemed similar.

Three of these reported murders bear striking similarities to Van Heerden’s case.

Today the The Star reported on an additional murder with similar features.

South Africa's Commission for Gender Equality (CGE) issued a statement yesterday condemning the police and the Department of Justice for not doing enough to solve these murders and others.

The Commission for Gender Commission (CGE) strongly condemns the unfortunate killings of Gays and Lesbians in Johannesburg and elsewhere in the country. As enshrined in our Constitution of the Republic of South Africa, Lesbians, Gays, Bisexuals, Transgendered and intersexed people (LGBTI) have the same rights just like everyone else. The continual hatred and killings of LGBTI people is violation of founding provision of the South African Constitution which are equality and human dignity. Such horrendous deeds are not only meant to rob society and the families of good people who do not deserves to go through these gruesome acts but shows that some in our society are very intolerant and unable to appreciate the diverse society that we live in.

The continued use of culture in order to disguise for criminal intent against LGBTI people has to be strongly condemned. The Commission is also concerned about the long delays in cases relating to this issue.CGE views these acts as criminal acts and the perpetrators deserve to face the full might of the law, henceforth serve long sentence in jail if proven to have committed these atrocities.The CGE has been for years with other Chapter 9 (C9s) institutions and Civil Society Organisations (CSOs) advanced the course of LGBTI people without fail.It is our firm belief that the Department of Constitutional Development and Justice have to come to party in ensuring that the plights of LGBTI people do not go unabated.

The CGE calls for all interested parties to rally around LGBTI people and help society to understand that LGBTI people are human beings who deserves respect and protection regardless of their sexual orientation. We will continue to monitor cases that involve LGBTI throughout the country.The CGE will support to the passing of hate crime legislation.

The South African Department of Justice task force began work in August to combat violent hate crimes against LGBTI South Africans and includes six people representing the judiciary, police and department of social development and six representatives from the LGBTI community.

The task force was formed in response to national and international outcry about the lack of attention by the police and the Department of Justice to ending the scourge of "corrective rape."

Fighting for Equal Employment Opportunities in Uganda

Plaintiff Adrian Jjuuko

On Monday Uganda's Constitutional Court heard the petition, Jjuuko Adrian v. Attorney General of Uganda, Constitutional petition No.1 of 2009, asking to nullify Section 15(6) d of the Equal Opportunities Commission Act 2007. Section 15(6) d can be used to discriminate against LGBTI persons. The judges have yet to set a date for the ruling.

Background

The Equal Opportunities Commission was established by Ugandan law to...

give effect to the State’s constitutional mandate to eliminate discrimination and inequalities against any individual or group of persons on the ground of sex, age, race, colour, ethnic origin, tribe, birth, creed or religion, health status, social or economic standing, political opinion or disability, and take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom for the purpose of redressing imbalances which exist against them; and to provide for other related matters.

The challenged Section 15(6) d reads:

(6) The Commission shall not investigate—
(d) any matter involving behaviour which is considered to be—
(i) immoral and socially harmful, or
(ii) unacceptable,
by the majority of the cultural and social communities in Uganda.

While the clause does not specifically mention LGBTI persons, during a Parliamentary debate about the Equal Opportunities Commission Act of 2007, the Finance Minister specifically said that LGBTI persons should be targeted with this clause.

Adrian Jjuuko, the plaintiff in this case, is the Executive Director of the Human Rights Awareness and Promotion Forum (HRAPF). 

The Hearing

According to Behind the Mask, "The petition was heard by five judges of the Constitutional Court led by deputy chief justice Alice Mpagi Bahigeine."

The other judges are Steven Kavuma, Arach Amoko, Remmy Kasule and Constance Byamugisha.

In the respondent’s submission, the Attorney General maintained that such a law was necessary and justified under Ugandan constitution. Ladislus Rwakafuzi, a Kampala gay friendly lawyer is representing Mr Jjuko.

Minorities are not defined in the Constitution of Uganda. However, vulnerable groups have been defined in the National Equal Opportunities Policy of 2006 as categories of people who lack security and susceptible to risk.

Mr Jjuko maintains that that such a law was not good for human rights in Uganda, and called on all activists to stand and defend the rights of minority groups in Uganda.

Rwakafuzi said his client wants the section of the law declared unconstitutional. A date for the ruling will be set by the court.

Uganda’s judiciary has in the past shown some level of independence when handling matters brought by groups advocating for homosexuals.

Joburg Pride Attracts 20,000 People

Joburg Pride 2011/2Summers

Over 20,000 people took part in the 22nd annual Joburg Pride last Saturday. Mambaonline reports that, "In contrast to the recent Ekurhuleni and Soweto Pride parades, statements around issues such as corrective rape and hate crimes were noticeably absent among participants in the parade."

From Behind the Mask:

Thousands of out and proud members of the  LGBTI community and their supporters flocked to Zoo Lake on Saturday for the annual Joburg Gay Pride, the biggest event on the Gauteng gay calendar.

Joburg Pride is an annual celebration of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) identity and sexual diversity. It consists of a weeklong festival of cultural, social, activist and entertainment events held in Johannesburg culminating in a street parade followed by a mardi-gras offering entertainment and a platform for community expression.

Some of the events in the week included a roundtable discussion of LGBTI rights organized by the Helen Suzman Foundation in association with the Open Society Foundation for South Africa on September 26 and the first ever African LGBT Business and Human Rights Forum sponsored by amongst others, blue chip firms, IBM, HP and Anglo-American.

Themed “Born This Gay”, this year was the 22nd annual edition of the Joburg Gay Pride and as usual events began with a parade in which members of the LGBTI community wearing purple, pink and other bright colours took to the streets marching from Zoo Lake to the Rosebank Mall and back.

Mamabaonline adds the observation about the lack of attention to "corrective rape" and hate crimes in the parade.

In contrast to the recent Ekurhuleni and Soweto Pride parades, statements around issues such as corrective rape and hate crimes were noticeably absent among participants in the parade.

Some exceptions included one participant who held aloft a large wooden cross with the names of LGBTI people who had been killed in South Africa and the continent while two others on a float held signs condemning Jon Qwelane, South Africa's homophobic ambassador to Uganda.