As Women’s Month comes to an end, Special Assignment examines the problem of hate crimes in South Africa and asks what can be done to ensure that lesbian, gay, bisexual, transgender and intersex (LGBTI) hate crime victims receive justice.
Attacks on people owing to their gender presentation or perceived sexual orientation are still common in South Africa. Lisa Vetten from the Wits Institute for Social and Economic Research, who has examined rape and the criminal justice system, concedes that the quality of justice one receives depends on where one is in the country.
The absence of solid statistics on hate crimes and the lack of hate crime legislation have led to serious challenges in their prosecution. In response to the outcry from the LGBTI community, in 2011, the Department of Justice appointed the National Task Team to address the issue of hate crimes against LGBTI people. The National Rapid Response Team was established to fast track the numerous unsolved criminal cases. 23 of the 45 cases on the list for the last financial year have been finalised.
Noxolo Nogwaza’s case has not been finalised. She was murdered four years ago in KwaThema, Gauteng. Those closest to her believe it was because she was a lesbian.
Despite the challenges, there is hope. The murder trial of 24-year old Disebo Gift Makau ended in May this year with Pule Stoffel Botlhokwane’s sentencing to two life terms for rape and murder and 15 years for robbery. The sentence was hailed as a victory by the LGBTI community.
– Don’t miss this week’s Special Assignment episode “Hate crimes” on Sunday, August 30 2015 at 8.30pm on SABC 3. Produced by Lindile Mpanza
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