despite constitution, gays are not safe in sa

By: Matshidiso Mofokeng and Lesego Masike

October 24, 2007: Three weeks ago, 35-year-old Waldo Bester was found stabbed to death in Vredenburg, north of Cape Town.

Although details of this gay man’s attack are unclear at present, the fact remains that he was murdered brutally in what is believed to be hate crime according to Cape Town’s Triangle Project – which is long standing gay organisation in the Western Cape Province.

During the same week, on Sunday 7 October, a gay man – Derick Duma – was attacked by a group of about 17 men at a tavern in Germiston. He was at the tavern when his female friend, with whom he was dancing, was approached by a man asking her why she was with a gay man. The man continued that he disliked Duma because he was gay.

When Duma asked the man what was his problem, the man started fighting him, and went to fetch a group of men who proceeded to beat him up with chairs and spanners. These men said, while beating him, that they were doing so because he was gay.

Duma was admitted to the hospital the same evening and discharged after four days. Even though he has laid a charge with police, which resulted in five men arrested, Duma said he didn’t feel safe at all in his home in Germiston.

These are examples of fear and vulnerability to hate crimes that lesbian, gay, bisexual, transgender and intersex (LGBTI) people face in South Africa today despite that they would be celebrating the first anniversary of the Civil Union Act soon in December.

Recently, a research was commissioned by the Joint working Group (JWG) – which is a network of about 15 gay organisations – and conducted by local NGO organisations entitled Levels and Trends of Hate Victimisation of Lesbian, Gay, Bisexual and Transgendered (LGBT) persons in Gauteng, KwaZulu Natal and Western Cape.

According to the research, out of 145 black lesbians interviewed in Gauteng between 2002 and 2004, 36% have experienced verbal abuse and out of 141 black gay men, 40% have been victims of verbal abuse.

About 15% of black lesbians have been abused physically and so have 15% of gay men. While 10% of black lesbians have experienced sexual abuse or rape, at least 9% of gay men experienced sexual abuse or rape.

While the South African Constitution, backed by the Civil Union Act, guarantees human dignity, equality and social justice, hate crimes and victimisation of the LGBTI people in the country continues to manifest, particularly in the townships.

The murders of Sizakele Sigasa and Salome Masooa in July widely covered by media also went down the trajectory of hate crime. Both victims were shot to death in Soweto.

In another incident, naked body of Thokozane Qwabe (23) was found on 22 July this year in a field near Ezakheni, Ladysmith in Kwa-Zulu Natal.

Last year in early February, a nineteen-year-old lesbian, Zoliswa Nkonyana, was stoned and stabbed to death in Khayelitsha, Cape Town.

These hate crimes towards LGBTI people have sprayed a ray of fear within the gay community. “I feel that we are wasting our time and energy in the fight. I don’t feel safe, as I do not know who is homophobic or not, and I constantly ask myself who is next”, alarmed Olive Legobey, who used to be a friend of Sigasa.

Survivor of hate crime Ntando Kgadi (27), of Mzimhlophe, Soweto, who identifies as a lesbian, said some day she, and friends, were insulted by a group of men threatening to rape and cure them of their homosexuality.

Although Kgadi wasn’t attacked that day, however, she feels that “people don’t want to accept us, and I don’t feel safe but I am not scared.”

On the evening of 22 July this year, Khanyisile Nzimande (16) and Nokukhanya Zide (15) were approached and assaulted by a man on their way to a training session in Vosloorus, Gauteng.

This ensued into some exchange of insults. “He asked us why we liked to behave as men. He then approached and insulted us,” said Nzimande supported by Zide.

The man who assaulted Nzimande and Zide, known to BTM as Sicelo was not even shy to express his hatred towards lesbians. “They disgust me, always imitating men and thinking that they can get away with stealing our woman,” he said.

For most of the LGBTI people, experiences of hate crime are common, and vary from being stabbed, raped, murdered and being sworn at in the street.

Neither Kgadi, Nzimande nor Zide reported their cases to police. “I felt no importance in reporting the case since most of them hardly get to court or chances are the police would lecture me on how sinful it is to be gay”, included Kgadi.

Most of the LGBTI people who experience hate crimes hardly report their case to the police or seek medical attention as they fear further victimisation.

Constable Lerato Dladla of Vosloorus Police Station affirms that they deal with all reported cases equally regardless of who reports them.

“When it comes to rape cases, we do not judge the people on whether they are gays or lesbians but we serve them as we are expected to”, said Constable Dladla.

Thuli Madi, a director at Behind The Mask – a gay media publication – says she feels that more has to be done by the LGBTI community and government to educate the public on LGBTI issues.

“We have to work together in making sure that no person is killed because of their sexual orientation, race or religious affiliation”, explained Madi.

In direct response to these crimes the JWG formed a campaign known as 07-07-07 to deal directly with hate crimes in South Africa.

The JWG is an alliance of 15 organisations established to address hate crimes against lesbian, gay, bisexual, transgender and intersex people.