State's withdrawal from #ThembisileYende case leaves family distraught

BLOW: Nester Yende in a grey jersey, mother of slain Thembisile Yende leaves the Springs Magistrate’s Court with family members after learning that the case against a suspect in her daughter’s killing has been provisionally withdrawn.

BLOW: Nester Yende in a grey jersey, mother of slain Thembisile Yende leaves the Springs Magistrate’s Court with family members after learning that the case against a suspect in her daughter’s killing has been provisionally withdrawn.

Published Jul 1, 2018

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Newstime on TV is often a nightmare for Nester Yende, mother of slain Eskom employee Thembisile Yende.

Pictures of Thembisile may appear on the news flash as her 8-year-old son is watching. Each time this happens, the grandmother tells the little boy to change channels, fearing that he may cry. But he would protest, insisting that he wanted to know who killed his mother.

“Even today he still asks how his mother died, especially during news time when it features Thembisile’s murder. At that time they will also display her pictures,” said Yende.

It was just past 10am on Friday as the 54-year-old prepared for an interview with The Sunday Independent at her modest house in Langaville Ext 8, in Springs, Ekurhuleni. The boy, clad in a blue printed onesie is seated on the couch, watching TV with his 7-year-old half-brother.

“And when I order him (Thembi’s son) to change the channel, he would say ‘no granny, they are talking about my mom. They said my mom’s murder case would be at Springs Magistrate’s Court. Are you going there? Do you know people who killed my mom?” Yende said.

The day before, Yende had awoken early to go to the Springs Magistrate’s Court, hoping to get answers about how her daughter was killed. At midday, Yende had returned home with no answers. The State had provisionally withdrawn the case against the murder suspect, David Ngwenya, after prosecutors conceded a lack of evidence had affected their case.

National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane said shortcomings in the evidence, which she could not reveal, had led to the provisional withdrawal.

The decision was like an arrow piercing Yende’s heart. Since her daughter was found murdered at a local Eskom substation in May last year, she had pinned her hopes on the court to reveal the truth about the crime. Often, she was forced to lie to Thembisile’s son.

“Even now I can’t explain to him how his mother died because when Thembi was missing, we told him that his mother was attending a course with Eskom.

“But he replied that Thembi usually called him when she went on courses at work. I remember when the company’s private investigator visited; he stood up and asked him why his mom was not calling her,” said Yende.

Themibisile’s body was found in an office at the Eskom substation in Springs with her head covered in a black plastic bag in May last year, almost two weeks after she went missing. Yende said Thembisile had a strong bond with her son. To emphasise this, she pointed at a couch at the corner of the room, where Thembisile and her son used to sleep while watching TV at night.

“Now I have realised that he is building a hatred towards Eskom. He cries a lot because he’s missing his mom.

“His mom was everything to him, they were very close. They would sleep on that couch and I would join them. The son would lay his head on Thembi and she lay her head on me,” she said.

Yende’s friend had to console and rub her shoulders as she burst into tears while speaking about her daughter’s sense of humour.

“Usually we would go to town with (other) family members. Sometimes when I refused to go with them, Thembi would ask if I found a boyfriend.

I would tell her I am giving her a space to find herself a boyfriend and we would laugh.”

Yende pleaded with Eskom to release proof that could lead to the arrest of her daughter’s killers. This, she said, would help her grandson and the family to find closure.

Thembisile’s niece, Nozipho, 17, said her aunt’s death was painful. Brian Sithole, Thembisile’s friend, urged President Cyril Ramaphosa to intervene and help with the arrest of Thembisile’s killer.

Phakamile Hlubi, spokesperson for National Union of Metalworkers of South Africa, said the union was shocked and disappointed about the withdrawal of the case.

“We share the concerns of the family about the way the case has been handled. The family has complained that the SAPS, Eskom and the NPA have failed them. We share that sentiment. We are calling on Eskom, the NPA and the SAPS to demonstrate that they take gender-based violence seriously and prioritise this case,” said Hlubi.

But Eskom deputy spokesperson Dikatso Mothae said the company had no reason to believe the case had not been fair, saying the utility had provided all required information to the police.

“The cameras were not working on the day Thembisile was reported missing.

“All information that was recorded by the cameras before and after she disappeared was handed over to the police. Eskom employees and contracted security personnel have fully co-operated with SAPS,” Mothae said.

The Sunday Independent

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