LGBTI+ and allies vowed to continue to call for justice in a case they are convinced is a hate crime.
The murder case against two suspects accused of killing a gay teen in Khayelitsha in December last year has been postponed to 19 May for a formal bail application. During their previous court appearance, Lona Auwa and Aphelele Hulashe abandoned their right to bail, but they have now both indicated that they would apply for bail. The two are charged with the murder of 16-year-old Kwakhanya Mhlanganisi on the 4th of December in Site C township last year. Mhlanganisi was found with multiple injuries and his eyes were allegedly gouged out.
His father, Sicelo Maki had told Elitsha that his son was killed in a brutal way and likened it to killing a snake. “His body was in a bad state. He was stoned, as if they were killing a snake, and was also set alight. They also used buckets to hit him.”
LGBTIQ+ activists in Khayelitsha continue to claim that Kwakhanya was murdered because he was gay. The police had cautioned against the assumption that his murder was a hate crime.
On Thursday, solidarity groups and activists protested outside Khayelitsha court calling for justice. Siyabulela Magwaca from Amadoda Aqotho, a men’s movement that focuses on gender-based violence, said that they are calling for men and society at large to respect other people’s sexuality and that everyone has the right to be respected.
Thuli Mjwara from Inclusive and Affirming Ministries said that they are calling for an end to hate crimes and for young people to be conscientised on violence. “It is very sad that a young person’s life was taken away and even worse by other young people. It is important that we step in and help and re-educate and support youth in addressing violence,” she said.
“It is important that we are here today to raise awareness around hate speech and hate crime so that the department of justice can see that they need to look deeper into the meaning of hate speech and hate crime. The justice system is failing us, but I also think there are processes it can follow in everyone’s interest. Hate crime killings are common in places like Khayelitsha and Delft. There are a few cases of transgender individuals who have been killed but these matters go to court and cases get thrown out because of a lack of evidence and a lack of a trial statement being given by the witnesses,” said Jackie Majawie from Majawie Safe Space.
Sibusiso Nqunqeka from Khulani Khayelitsha Queer Hub said that they won’t be discouraged by the postponement and they will make sure that justice is delivered to the family and to the LGBTIQ+ community.
Earl Semu from Safe Place International said that one of the drivers of homophobia on the continent is leaders who perpetuate myths that being gay or identifying as lesbian is un-African. “There are country leaders and prominent people who spread hate by saying being LGBTI is un-African, so that fuels hate. There are also cultural and religious beliefs that only heterosexuals are acceptable and anyone who does not fit that needs to be fixed,” they said.
Free Gender chairperson, Anele Ligunya said that they would like the case to remain at the Khayelitsha Magistrates Court because cases in the High Court can drag on for years.
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