MARCH TO DEMAND JUSTICE FOR ZOLISWA NKONYANA

SOUTH AFRICA - 28 July 2009: The 07-07-07 Campaign and The Western Cape End Hate Alliance invites activists, human rights defenders, feminists and comrades to a march for justice in the Zoliswa Nkonyana murder trial on 7 August 2009 in  Cape Town.

WHY WE ARE MARCHING:

In South Africa, lesbian women, gay men and transgender people are being subjected violent attacks simply, because they transgress dominant heterosexist and gender norms. Lesbians, effeminate gay men, and transgender people who are black, are especially vulnerable to rape and murder.These violent attacks are perpetrated with a callous disregard for the lives of LGBT people and this callousness and impunity is reinforced by a criminal justice system that fails to provide redress and justice.

Zoliswa Nkonyana, a 19-year-old black lesbian was murdered in Khayelitsha on the 4th February 2006.
Nine suspects were arrested on the 21st February 2006. Between Feb and Dec 2006, bail applications were processed. At this point, accused no. 4 was granted bail.

The trial began in Dec 2006. In September 2007, accused no. 5 was granted bail. Since Dec 2006, there have been 21 court appearances.

20 of these have involved postponements. At least 15 of these postponements were due to late arrival, absence or withdrawals by defence attorneys or failure of accused no. 4 to arrive at court.

Trial proceeded at only one of these 21 court appearances. On the 5th Dec 2008 (close to three years after the crime), the main witness in this case (herself a victim in this crime) began her testimony. Because of further postponements and the manner in which trial dates are set, she has not yet been cross-examined.

On the 31st of June 2009, after yet another postponement, trial was set for the 28th Sept. What this means (and this is only if the trial does in fact proceed in Sept), is that she will be cross-examined 10 months after she gave her initial testimony and three years and 8 months after the crime occurred.

At these court appearances, the arrogance of the nine accused has been hard to witness as they laugh and wave to their girlfriends in the galley. The fact that this trial has (not) proceeded shows that the rights of Zoliswa’s family and the main witness/survivor to closure is of little or no importance to the court.

It has become increasingly clear that the Khayelitsha Magistrates Court is incapable of taking this case forward and as such we are demanding that the matter be transferred to the Cape High Court immediately.
We are approaching all the relevant authorities to this effect and taking all necessary actions to ensure our demands are met. Justice for Zoliswa is long overdue and we can no longer watch injustice prevail in a court of law.

We march also, refusing to forget those who have been assaulted, raped and /or murdered among them:

Luleka: lesbian – raped, Gugulethu, died after contracting HIV/AIDS
Waldo: gay man – murdered, 2007, Vredenberg
Sibongile: lesbian - rape and murdered, 2008, Strand
Luanda: feminine gay man – raped, 2008, Mfuleni
Sibongile H: lesbian – raped, 2009, Khayelitsha
Sizakele and Salome: lesbians, rape and murdered, 2007, Meadowlands
Thokozane: lesbian – raped and murdered, 2007, Ezakheni, Ladysmith
Eudy: lesbian – murdered, attempted rape, 2008, Kwa-Thema
Daisy: transgender – murdered, 2008, Yeoville
Khanyiswa: lesbian – murdered, 2008, New Brighton, PE

… and the many others whose victimisation remains unreported and undocumented.

WE DEMAND THAT:
• The trial into the murder of Zoliswa Nkonyana be transferred to the Cape High Court.
• The Cape High Court ensure swift progress in this trial
• The Cape High Court considers all evidence before it and render appropriate sentences that reflect the court’s condemnation of all violence and hate crimes perpetrated against the LGBTI community.

WE FURTHER DEMAND
• An end to impunity for perpetrators of violence against the LGBTI community
• A more responsive and survivor centered criminal justice system

Protesters will gather at the Parade at 09h00 on Friday 7 August 2008.
ROUTE: The march will proceed from the Grand Parade down Darling Street. We will then turn left into Adderley Street, and from Adderley, right into Wale Street. . After handing over the memorandum at the Provincial Legislature (situated in Wale Street).protesters will gather for a formal assembly (venue to be confirmed).

WE CALL ON ORGANISATIONS AND INDIVIDUALS TO: march with us mobilise your constituencies and networks to join the march bring your organisations’ banner to the march.
Should you wish to support us though financial contributions to the march or campaign, contact Marlow Valentine (contact details below)

THE WC END HATE ALLIANCE WILL: ensure the necessary permits are secured supply t- shirts and posters ensure water is available along the route

ABOUT THE 07-07-07 CAMPAIGN
The 07-07-07 Campaign Act to End Hate, lead by the Joint Working Group (a national LGBTI network) aims to confront and address hate crimes and violence against lesbian, gay, bisexual, transgender and intersex people. The Alliance was launched in direct response to the rape and brutal murder of two lesbian women, Sizakele Sigasa and Salome Masooa, on 7 July 2007.

THE WC END HATE ALLIANCE coordinates the 07-07-07 Campaign in the Western Cape. The Alliance is led by Triangle Project in partnership of organisations such as the Commission for Gender Equality; AIDS Legal Network; Women’s Legal Centre; Gender DynamiX; Good Hope MCC; Free Gender; Treatment Action Campaign; The Inner Circle; Inclusive & Affirming Ministries; Engender and Intersex SA; Free Gender; Women in Action, Khayelistha.

FOR MORE INFORMATION, PLEASE CONTACT:
Marlow Valentine ( Provincial WC Alliance Convener) At 021 4483812 or deputydirector@triangle.org.za Emily Craven (Joint Working Group Co-ordinator) At 011 403 5566 or 078 135 7535 or emily@jwg.org.za Keegan Lakay (Commission for Gender Equality): At 021 4264080 or keeganl@cge.org.za Jill Henderson (Triangle Project Researcher) At 021 448 3812