Cape Town - Sex workers protesting for justice in the case against renowned artist Zwelethu Mthethwa have denied allegations of harassment and intimidation against the accused.
In a letter handed in to the Western Cape High Court on Thursday, Sisonke, Sweat and the Women’s Legal Centre stated the case was of particular interest to them as they “advocate(s) for law reform to advance sex workers human rights as the deceased is a known sex worker.”
The victim in the case, 23-year-old Nokuphila Kumalo was allegedly beaten and kicked to death by Mthethwa in Woodstock on the 14th of April 2013.
In the letter, SWEAT, the sex workers edcuation and advocacy taskforce, said it had investigated the alleged intimidation of the accused on the 8th of June.
“Our investigations have revealed that a particular protester whose identity is unknown to SWEAT, Sisonke and the WLC, had approached the accused whilst he was exiting the court building and was driving away in a vehicle he entered. None of the protesters or SWEAT or Sisonke staff who were present witnessed an actual act of intimidation, harassment and/or assault on the accused.”
At every court appearance, a group of protesters has gathered outside the court with placards, shouting slogans. Last week, Mthethwa’s defence advocate William Booth had told the court his client had felt harassed and intimidated when entering and leaving the Western Cape High Court.
Judge Patricia Goliath warned the protesters that such behaviour would not be tolerated, but that the sex workers were entitled to protest as long as it was within the bounds of the law. In the letter, the sex workers rights groups reiterated that they would continue to protest “in an exercise of their rights to peacefully assemble and demonstrate”.
Earlier today, Booth and State prosecutor Christenus van der Vijver argued for and against a trial within a trial. The defence is contesting the authenticity, and therefore admissability, of CCTV footage that allegedly captured the crime and has asked for a trial within a trial to determine that aspect.
Booth told the court: “I’m wearing a Rolex watch. I give it to an expert, he says ‘you’re not wearing a Rolex, you bought it at a Hong Kong market’.” Just as was the case video with the footage, Booth argued, it’s “authenticity must still be proven”.
Booth does not want the footage entered as evidence during the trial within a trial, saying his client would be “prejudiced” should it be shown while admissability was still in dispute. The state is opposing the application for a trial within a trial, but if granted wants to present its video evidence “as this is a very important aspect in determining the authenticity of the material”.
Judge Patricia Goliath will make her ruling on the application, as well as whether the footage can be entered as evidence during a trial within a trial, on Monday.
ANA