Cape Town - Family of slain Khayelitsha teen Sinoxolo Mafevuka have been left with more questions after the two men accused of her murder were found not guilty.
Mafevuka was last seen on March 1 2016 at around 7pm heading to the communal toilets in Khayelitsha, only for her half naked body to be found in one of the toilet cubicles a few hours later. The 19-year-old was raped and with her clothes found stuffed in a cistern.
The postmortem report indicated that she had died of manual strangulation.
On Monday, Western Cape High Court judge Taswell Papier acquitted the cousins, Xolisa Mafilika and Athabile Mafilika, of the two rapes and murder charge they were facing.
In his judgement, Papier said the State had failed to prove beyond a reasonable doubt that the two had committed the offence. He said the State’s case was based on circumstantial evidence.
“The State had no direct evidence implicating the accused. It relied on witnesses who had placed the accused near the toilets,” he said.
Papier said State witnesses gave the court contradicting evidence, along with no forensic evidence - including DNA, fingerprint and specimen - was found that could link the accused to the crime.
The State’s main witness, Xolile Matshotyana, said he saw the two accused through a toilet hole near the toilets. However, Papier said this was improbable.
Another witness said he saw the accused, dressed in some of the items found at the scene, and heard their voices while dragging a screaming female towards the communal toilets. However, no DNA of the accused was found in any of the items which the witness said they had worn.
Papier had a few words for the deceased’s family.
“To the family of the deceased; murder and rape goes to the heart of the most brutal form of violence imposed on women and children. There is no doubt that those found guilty should be punished.
“But there is no direct evidence. No one saw the rape and murder of the deceased. There is not even well founded suspicion against the accused,” said Papier.
He explained that witness evidence was of poor quality.
Meanwhile, outside court the family of the accused waited patiently for the two, who have been behind bars for two years.
Relative, Sandiswa Mafilika, thanked God for her cousins release.
“We knew they were not guilty,” she said.
The Mafevuka family was emotional and disappointed by the judgement.
The deceased’s brother, Lonwabo Mafevuka said the trial was a waste of their time.
“We are left with more questions than answers. Who killed Sinoxolo?” he asked.
Her aunt Nophatekile Ginqi, consoled her sobbing mother.
“We are disappointed. Sino is dead, but her spirit lives. We are still very much hurt and heartbroken,” she said.
Cape Argus