Delays in serious crime cases frustrate families

Families of victims whose cases were supposed to be heard during the lockdown are complaining about how the wheels of justice have been slow during the lockdown, delaying them time to have closure on the sufferings they had.

A year ago Thobani Khanyile searched for his son until he found him, after his wife was killed.
A year ago Thobani Khanyile searched for his son until he found him, after his wife was killed. (Veli Nhlapo)

The wheels of justice are turning too slow for families of four victims of crime due to the lockdown regulations which they say have delayed them from finding closure for  the trauma they have suffered. Three of the victims died from violent attacks.

Thobani Khanyile, whose wife Nonhlakanipho Lukhozi was allegedly murdered by his cousin Xolani Mkhize, expressed frustration that the case has taken this long to conclude. Khanyile said he last attended the matter in court in February, but has since lost track of what is happening due to the lockdown.

Mkhize allegedly kidnapped the Khanyiles' then three-month-old-baby and murdered Lukhozi in an attempt to allegedly traffic the baby. Lukhozi's body was found  dumped in Jabulani, Soweto – not far from their Zola North home – on June 11 last year.

The baby was found by Khanyile in Tshepisong, on the West Rand, 40 days after he was abducted from their home.

 “This case has been going on since last year. My cousin even confessed to the crime, but I don’t understand why the matter has not been finalised,” a frustrated Khanyile said.

Police spokesperson Capt Mavela Masondo said the matter has been receiving attention and that it has gone on trial. 

“The accused [Xolani Mkhize] was in court on August 18. The suspect was denied bail; he will appear in court soon,” he said.

In another case, the family of a 91-year-old woman who was almost raped allegedly by her 53-year-old son said they are fast losing hope in seeing him convicted.

The man allegedly assaulted his mother and attempted to rape her in their Soweto home in November last year.

He was arrested and charged with assault with intent to cause grievous bodily harm and attempted rape. 

The woman’s grandson told Sowetan that they did not know what was happening with the case.

“My grandmother is doing okay. We haven’t heard anything from the police  when it (case) will be back in court. This coronavirus issue also made us give up on the case because the courts were not working properly,” he said. 

In the case of car guard Vusi Mgiqwa, his grieving family said they too had been  left in the dark about development on the matter.

Mgiqwa of KwaThema, Springs, died after being assaulted by Lukas van der Merwe in 2018. Van der Merwe had  arrived as a customer at the shopping centre where Mgiqwa hustled as a car guard,

The National Prosecuting Authority changed charges from murder to culpable homicide after defencelawyers made representations.

Jabulile Mgiqwa, Vusi’s sister, said no one had given the family an update of what has been happening during the lockdown.

“It seems like this man is going to walk free. No one has informed us what is happening with the case. The investigating officer has not contacted us. We are really in the dark about the case. We feel we are being treated like this because it is a white man that killed a black man, hence the case is stalling,” Jabulile said.

Van der Merwe’s case has been postponed five times during the lockdown.

Family of another car guard Xolani Meswana said they were frustrated that the trial of Philani Mkhulisa, the man accused of his murder, is yet to conclude.

Meswana was killed allegedly by Mkhulisa on August 7 2018 after an altercation in the Johannesburg CBD.

The trial stalled last year when the state’s only witness Samuel Diseko who worked with Meswana on the night disappeared.

Police ultimately found him. However more delay was experienced after Mkhulisa decided to change lawyers. His new lawyer requested transcripts of the court proceedings and these are yet to be availed, leading to the matter being postponed several times during lockdown.


Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Comment icon