Almost exactly six years after teenager Zoliswa Nkonyana was stoned, kicked and beaten to death for being a lesbian, her four killers were sentenced to an effective 14 years in jail for a hate crime that led to a protracted trial with more than 40 postponements.
The sentencing on Wednesday was described as a precedent-setting case by legal experts and hailed as a victory by gender activists who have campaigned relentlessly throughout the stop-start court proceedings since the trial got under way.
Nkonyana, 19, was assaulted and beaten to death by a group of young men outside a tavern in Khayelitsha E-Section on February 4, 2006, after leaving a shebeen. She was beaten with bricks, stones and golf clubs and left to die in the street in a pool of blood.
Nine men were arrested and the case was dogged by at least 43 postponements since the trial got under way in 2008. Five of the accused were acquitted due to lack of evidence.
The long wait for justice finally ended in the Khayelitsha Regional Court on Wednesday when magistrate Raadiyah Wathen handed down an 18-year sentence, with four years suspended, to Lubabalo Ntlabathi, Sicelo Mase, Luyanda Londzi and Mbulelo Damba, putting the four behind bars for an effective 14 years.
In handing down sentence, Wathen said the men had shown “no mercy” and “no remorse” for killing Nkonyana with no other motive than their “hatred and intolerance”.
“She practised the right of living as a lesbian, which was her choice, but the accused did not agree with her choice,” the magistrate said.
A crowd outside the court cheered, sang, raised their fists and danced when they heard the news.
Later, NPA spokesman Eric Ntabazalila said the sentence sent a strong message that hate crimes would not be tolerated. “We are happy that the court agreed with us that these gentlemen did not show any remorse and had a slim chance of being rehabilitated,” he said.
Outside court, Nkonyana’s mother, Monica Mandini, was too distraught to speak to the media but her stepfather Gladwell Mandini thanked the police for their hard work and gender rights organisations for the solidarity they demonstrated.
“We cannot bring her back and the sentence they got is very low. But we are happy the case has come to an end. Now we can live in peace and Zoliswa’s chapter would be finally closed,” said Mandini.
He said the many delays had been an ordeal for the family. “It wasn’t easy all these times the case was postponed. As the family we have accepted this, but the loss we will not forget.”
Women’s Legal Centre director Jennifer Williams said the sentence was a “first” and a “clear sign” that the prosecution and the court had considered that Nkonyana’s murder was a crime based on hate and discrimination. “There is a provision in the Equality Act which says that the court can take discrimination into account when considering sentence. This is the first case of such a kind we are aware of. We hope it will act as a deterrent to people who think they can commit such crimes,” Williams said.
Triangle Project deputy director Marlow Newman-Valentine said: “The magistrate went to great lengths to explain that Zoliswa was murdered because of her sexual orientation. It sends out a clear message that this kind of crime – a hate crime – will not be tolerated. The sentence is also a message to police to take hate crimes seriously.”
TAC co-ordinator Lumkile Sizila said: “We are happy that the case has come to an end but we are dissatisfied that it took so long. She (the magistrate) sent out a strong message that we are a diverse society and that we must respect each other’s diversity.”
Free Gender organiser Funeka Soldaat said members in Khayelitsha and surrounding areas were harassed and taunted because of their sexual orientation and she hoped the outcome of Nkonyana’s case would send a message that hate speech was not tolerated.
Although she understood the issues Wathen had to consider in her sentencing, she would have preferred to have seen the killers sentenced to life in jail. The Social Justice Coalition said the trial was characterised by “consistent failures of the police and the criminal justice system, and has caused untold agony for Nkonyana’s family and friends”. This was a case of “justice delayed is justice denied”. “Hopefully Nkonyana’s family can find some closure, as protracted and painful as the last six years have been.”
Handing down sentence, Wathen said: “… direct imprisonment is the only option.”
She had to take into consideration the fact that the men were juveniles when they |committed the crime, that |they acted in a group and might have been influenced by peer pressure.
She said the minimum sentence of 25 years for murder did not apply due to their age.
“Sentencing involving youthful offenders is difficult to address. Sentence ought to be harsh enough to be a deterrent… and be gentle enough to encourage rehabilitation, not only for the accused but the community,” said Wathen. - Cape Times