LIFE BEHIND BARS FOR LESBIAN MURDERER

Simangele Mzizi (BTM Intern)

SOUTH AFRICA – 23 September 2009: The murder trial of lesbian activist and former Banyana Banyana midfielder Eudy Simelane has been concluded with one of the three murder co- accused sentenced to life imprisonment yesterday, 22 September, at the Delmas Magistrates Court.

Themba Mvubu was found guilty and sentenced to life imprisonment for Simelane’s the murder, 15 years for robbery with aggravating circumstances and 20 years for being an accomplice to rape.

In his conviction of Mvubu, Judge Mokgoathleng, said if one of the co-accussed Thato Mphiti was chasing after one of Simelane’s friends, then Mvubu must have been holding Simelane to prevent her from getting away.

Thato Mphiti, who had confessed to Simelane’s murder, turned state witness and sentenced to 32 years imprisonment earlier this year, initially implicated Mvubu, Khumbulane Magagula and Johannes Mahlangu in his first statement.

Judge Mokgoathleng admitted that the hardest question he faced was whether Mphiti was telling the truth when he took the witness stand as he had changed his tune several times.

During sentencing, Judge Mokgoathleng said Mvubu was the one who had instructed Mpithi to kill Simelane because he knew her since she was a well known soccer player and that was his intention to conceal evidence.

However the co-accused Khumbulane Magagula and Johannes Mahlangu who faced charges of robbery with aggravating circumstances, rape and murder were acquitted by Judge Mokgoathleng yesterday.

It emerged that Magagula and Mahlangu were acquitted based on the testimony of the three state witnesses who said they “did nothing” to Simelane and the judge said there was no substantial evidence to convict the co-accused.

Meanwhile activists have expressed disappointment with the acquittal of Magagula and Mahlangu.

Phumi Mtetwa of the Gay and Lesbian Equality Project said, “We have mixed emotions, we regret the acquittal of the two accused however we do welcome the decision and that there were no facts before the judge to convict them”, she said.

Emily Craven of the Joint Working Group said “We are not completely satisfied as we would have liked all three accused to be found guilty. Although we are not surprised that the two were released due to the decision of Mphiti to change his testimony and say they had nothing to do with the crime.”

“We are happy with the decision to find Mvubu guilty and the fact that he received a very harsh sentence”, she added.

Mtetwa highlighted that as the trial has come to an end “it marks the beginning of a long journey in fighting homophobia and corrective rape.”

Craven echoed Mtetwa’s sentiments saying “We keep fighting, the Zoliswa Nkonyana case is back in court on the 28th and that becomes a focus for the next week. There are many more victims out there”, she added.

Simelane was born in Kwa-Thema on the 11 March 1977, she met her untimely death on 28 April 2008. It is said that she was characterised by having good and harmonious relations with people and was commited to youth development through sports and LGBTI activism and helping those living with HIV/AIDS.

“There is relief that the case is over, and there is some closure in this one case but no closure to the problem of hate crimes”, Craven concluded.