A delegation of 25 Treatment Action Campaign, Social Justice Coalition and Rainbow UCT members delivered this letter to the SAHRC on International Human Rights Day
December 2009
Chairperson
South African Human Rights Commission
Western Cape
ABSA Building
Adderley Street
Cape Town
On 13 December 2003, Lorna Mlofana from Town 2 in Khayelitsha was brutally assaulted, raped and then murdered in a shebeen toilet by Ncedile Ntumbukane and others. Vuyelwa Dlova, 21, joined in the attack because she believed Mlofana was “giving AIDS” to the township men. Lorna Mlofana lived openly with HIV and she was a member of the Treatment Action Campaign active in treatment literacy work.
More than two years later, on 16 February 2006 and only after a sustained public campaign by TAC activists in the Western Cape, Cape High Court Judge Dumisani Zondi sentenced Ncedile Ntumbukane to life for murder and a concurrent ten years for rape. Dlova (21) was found guilty of attempted murder for participating in the attack and was sentenced to ten years, three of them suspended, effectively giving her a seven year sentence.
Lorna Mlofana was raped because she was a woman and she was murdered because her assailants feared that she would give them HIV. Lorna’s HIV-related death – a hate crime — cannot be wished away. However, most women who experience violence in South Africa, as well as their families and loved ones, are let down by the criminal justice system. As long as it took to achieve justice for Lorna Mlofana’s family, it takes much longer for most other cases of this nature. Many murders and rapes are never solved or investigated properly because of the criminal justice system’s lack of resources.
Hate-crimes investigations such as the HIV-related murder of Lorna Mlofana, the xenophobic violence in our country during 2008 and the targeted “curative” rape and murder of black working class lesbians because of their sexual orientation do not receive the appropriate resources from the state.
It has come to our attention that Ncedile Ntumbukwana who raped and murdered Lorna Mlofana is out of prison. He was sentenced for 10 years for the rape and life in prison for murder. TAC Khayelitsha approached Constable Sass, the investigating officer at Site B police-station for information. After his enquiries, we were informed that
Ncedile Ntumbukwana’s life sentence for murder and concurrent 10-year rape sentence were appealed and reduced.
Constable Sass can be reached on 076 6384880.
We request the SAHRC to enquire:
1. Whether the rapist and murderer of Lorna Mlofana, Ncedile Ntumbukwana appealed the
sentence and on what grounds?
2. If yes, which Court heard the appeal and what was the outcome?
3. If Ntumbukwana’s release is the result of a successful appeal, why was the Mlofana family or
the Treatment Action Campaign not alerted or asked for submissions during the appeal?
4. Whether a further appeal or review in this matter will succeed and whether the National
Prosecuting Authority and Minister of Justice would support such an appeal?
During the trial, TAC members in Town 2 had to go into hiding because of threats to their lives from the gangsters associated with Ntumbukwana.
We ask you to investigate this as a matter of urgency.
Yours faithfully
Mandla Majola
TAC Khayelitsha Coordinator
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