| Friday, 09 October 2009 02:00 |
| The homophobic murder trial continues in the Khayelitsha Regional Court C following the brutal murder of Zoliswa Nkonyana in February 2006 by a mob of about 20 youths. Nine young men have been arrested and are standing trial for her murder and two counts of attempted murder.
The trial update is as follows:
- Monday, 28 September 2009
The State continued their case. After more than 3 years after giving her statement to the SAPS, and almost 10 months of giving testimony in December 2008, the chief State witness took the stand to testify and be cross-examined by the 6 defense attorneys. The grueling cross-examination lasted for more than six hours where her statement & testimony were questioned, and her credibility as a witness was also questioned. The witness remained focused and placed all 9 accused at the scene of the crime and confirmed the homophobic actions of the accused.
The second state witness, who had “intervened in the attack on Zoliswa” and was then attacked, was then called to testify. Unfortunately, he testified that he “did not intervene and was passing by when he was attacked by another group of men standing on the corner”. He also testified to being “drunk and unable to walk properly” on the night.
It was established that intimidation of the witnesses were rife and that witnesses were warned “not to testify or implicate the accused”.
The Department of Public Prosecution (DPP) represented by Adv Currie-Gumho, is also present to monitor the case.
Court was adjourned till Wednesday, 30th September.
- Wednesday, 30 September 2009
The trial continued with the “trial within a trial”. Accused #4 (Sicelo Mase) had signed a confession & later withdrew the confession saying that he was “coerced into making the confession” by the investigating officer and his late father (who was a member of SAPS as well). He testified that he was “coached and felt threatened” when making the confession.
The following were called to testify:
- The interpreter involved in taking of confession
- Mr Swartz, Chief Magistrate at the Mitchell’s Plain magistrate court to whom the confession was made.
- Sgt Geldenhuys, investigating officer.
- Sicelo Mase, accused #4
After arguments and deliberations, the court adjourned for the magistrate to make a ruling.
- Thursday, 1 October 2009
Magistrate Radiya Watton ruled in favour of the State and rules that the confession is admissible. The magistrate reserved her right to explain her judgement to her ruling on the “trial within the trial” at the end of the murder trial.
The autopsy report was admitted into evidence by the State.
Chaos erupted at court when supporters of the accused arrive in great numbers together with activists supporting the Nkonyana family. Lara received a threatening call telling her “not to testify against the accused or else she would be killed”. Mr Isaacs asked the Magistrate to clear the court and to hold the testimony of Lara in camera. The court was then cleared with only the immediate families of the accused and the victims; the media and human rights activists monitoring the case, to be present.
The 3rd State witness, Lara is called to give testimony. Lara “instigated the alleged argument” with Zoliswa and her friend – and later called her friends “to sort out the lesbians”. The State Prosecutor lead the questioning into her statement and her role in the incident.
The DPP continued to monitor the proceedings.
- Friday, 2 October 2009
The prosecutor continued to question Lara and concluded his questioning. The defense commenced their cross-examination of the witness. The cross-examination continued in camera – the security in Court C was increased with the cross-examination continuing for the entire day.
The community cluster of the WC 070707 End Hate Alliance coordinated a public protest outside the court.
The DPP continued to monitor the proceedings.
- Monday, 5 October 2009
The cross-examination of Lara continued into its 3rd day. The defense was intent on discrediting the witness and the statement she made to the SAPS.
At the end of the day, 4 defense attorneys concluded their questioning. The court adjourned till Tuesday, 6th October.
- Tuesday, 6 October 2009
The cross-examination by the last 2 defense attorneys continues.
Once all the defense attorneys have concluded their cross-examination, the State will continue their case. The Mr Isaacs plans to:
- Have the confession of accused #4 admitted into evidence
- Have the forensic evidence admitted into evidence.
- Call Sgt Geldenhuys to the stand to offer testimony
- Plans to conclude his case by end of Wednesday or Thursday.
There has been more progress in the trial in the last 6 days than in the last 3 years. We will be appealing to the DPP to continue to monitor the trial and to ensure that adequate days are set aside for the defense to present its case. We will be calling on the DPP to ensure that the defense presents their case in the next month, and not after March 2010 as eluded by one of the defense attorneys.
We reiterate our Call to Action as the WC 070707 End Hate Alliance and we remain committed to advocate to an end to all forms of crime of hate and violence against the LGBTI community, particularly heterosexist violence against black lesbian women.
We call upon all government agencies, specifically the provincial government of the WC to remain vigilant around the increase in gender-based violence, homophobic crimes of hate and hate rape of black lesbian women in our townships and rural communities.
The WC 070707 End Hate Alliance is part of the national 070707 Campaign and is coordinated by Triangle Project together with the following partner organizations:
The Commission for Gender Equality; AIDS Legal Network; Women’s Legal Centre – Cape Town; Good Hope MCC; The Inner Circle; Gender DynamiX; Inclusive & Affirming Ministries; SWEAT; The WC Network Against Violence Against Women; Free Gender; The Treatment Action Campaign; Engender; Intersex SA; Individual activists and human rights defenders in the Western Cape.
The alliance advocates for an end to all forms of violence, hatred, brutality and victimization against the LGBTI community. We further condemn all forms of violent sexual abuse and curative rape towards black lesbian and bisexual women.
For more information regarding the WC End Hate Campaign, please e-mail:
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