The 07-07-07 Campaign and The Western Cape End Hate Alliance invites you to march for justice in the Zoliswa Nkonyana murder trial.

Why are we marching?

In South Africa, lesbian women, gay men and transgender people are being subjected violent attacks simply, because they transgress dominant heterosexist and gender norms. Lesbians, effeminate gay men, and transgender people who are black, are especially vulnerable to rape and murder. These violent attacks are perpetrated with a callous disregard for the lives of LGBT people and this callousness and impunity is reinforced by a criminal justice system that fails to provide redress and justice.

Zoliswa Nkonyana, a 19-year-old black lesbian was murdered in Khayelitsha on the 4th February 2006. Nine suspects were arrested on the 21st February 2006. Between Feb and Dec 2006, bail applications were processed. At this point, accused no. 4 was granted bail. The trial began in Dec 2006. In September 2007, accused no. 5 was granted bail. Since Dec 2006, there have been 21 court appearances. 20 of these have involved postponements. At least 15 of these postponements were due to late arrival, absence or withdrawals by defence attorneys or failure of accused no. 4 to arrive at court. Trial proceeded at only one of these 21 court appearances. On the 5th Dec 2008 (close to three years after the crime), the main witness in this case (herself a victim in this crime) began her testimony. Because of further postponements and the manner in which trial dates are set, she has not yet been cross-examined. On the 31st of June 2009, after yet another postponement, trial was set for the 28th Sept. What this means (and this is only if the trial does in fact proceed in Sept), is that she will be cross-examined 10 months after she gave her initial testimony and three years and 8 months after the crime occurred. At these court appearances, the arrogance of the nine accused has been hard to witness as they laugh and wave to their girlfriends in the galley. They manner in this trial has (not) proceeded shows that the rights of Zoliswa’s family and the main witness/survivor to closure is of little or no importance to the court.

It has become increasingly clear that the Khayelitsha Magistrates Court is incapable of taking this case forward and as such we are demanding that the matter be transferred to the Cape High Court immediately. We are approaching all the relevant authorities to this effect and taking all necessary actions to ensure our demands are met. Justice for Zoliswa is long overdue and we can no longer watch injustice prevail in a court of law.

We march also, refusing to forget those who have been assaulted, raped and /or murdered among them:

• Luleka: lesbian – raped, Gugulethu, died after contracting HIV/AIDS
• Waldo: gay man – murdered, 2007, Vredenberg
• Sibongile: lesbian - rape and murdered, 2008, Strand
• Luanda: feminine gay man – raped, 2008, Mfuleni
• Sibongile H: lesbian – raped, 2009, Khayelitsha
• Sizakele and Salome: lesbians, rape and murdered, 2007, Meadowlands
• Thokozane: lesbian – raped and murdered, 2007, Ezakheni, Ladysmith
• Eudy: lesbian – murdered, attempted rape, 2008, Kwa-Thema
• Daisy: transgender – murdered, 2008, Yeoville
• Khanyiswa: lesbian – murdered, 2008, New Brighton, PE

… and the many others whose victimisation remains unreported and undocumented.

We demand, that

• The trial into the murder of Zoliswa Nkonyana be transferred to the Cape High Court.
• The Cape High Court ensure swift progress in this trial.
• The Cape High Court consider all evidence before it and render appropriate sentences that reflect the court’s condemnation of all violence and hate crimes perpetrated against the LGBTI community.

We further demand

• An end to impunity for perpetrators of violence against the LGBTI community
• A more responsive and survivor centered criminal justice system

Route

The march will proceed from the Grand Parade down Darling Street. We will then turn left into Adderley Street, and from Adderley, right into Wale Street. . After handing over the memorandum at the Provincial Legislature (situated in Wale Street).protesters will gather for a formal assembly (venue to be confirmed).

We call on Organisations and Indivuduals to

• March with us
• Mobilise your constituencies and networks to join the march
• Bring your organisations’ banner to the march

Should you wish to support us though financial contributions to the march or campaign, contact Marlow Valentine (contact details below)

The Western Cape End Hate Alliance will

•  ensure the necessary permits are secured
• supply t- shirts and posters
• ensure water is available along the route