Guilty verdict in hate crime lauded
THE partner of a woman killed because she was lesbian has welcomed the conviction and the judge’s explicit ruling that it was a hate crime linked to her sexual orientation.
The deceased, Noluvo Swelindawo, was forcefully removed from her home in Driftsands on December 3 and her body was found the following day at the footbridge on Old Faure Road. An empty cartridge case was found nearby.
The man on trial for her murder, Sigcine Mdani, faced charges of assault with grievous bodily harm, kidnapping and murder. The night before her death, Mdani and Swelindawo got into a fight at a party, where she sustained a swollen eye and a cut to her chin.
Witnesses that came before the court said that after the fight Mdani told them Swelindawo was “trying” him.
In his ruling yesterday, Western Cape High Court Judge Derek Wille said the State had proved its case. “The accused was fuelled by his intolerance of the deceased’s sexual orientation. The accused had the opportunity to murder the deceased.”
Swelindawo was with her partner, Nqabisa Mkatali, when she was kidnapped.
The two had been sleeping when they were woken by a window being broken.
When Swelindawo went to check, Mkatali heard the sound of the burglar gate and door being forcefully opened. She heard the voices of a group of men swearing. She slid to the side of the bed where she hid. At the entrance to the bedroom, she saw Mdani ordering Swelindawo to get dressed. She also recognised his voice.
“Nqabisa was a good witness; she made a good impression on the court. She made concessions and stood firm despite vigorous cross-examination by the defence.
“Her evidence is corroborated by the investigating officer and exhibits brought before court. The accused was known to her. Her evidence is strengthened to the effect that she recognises his (Mdani) voice.” It was the weight of Mkatali’s testimony and evidence that a guilty conviction of murder was given, said Wille. Outside court, Mkatali broke down. “She was not afraid of anything. Not a single day will go by without me saying a prayer for her. She was the only person I could talk to.”
Sharon Cox of the Triangle Project said: “When the judge added that the motive for Swelindawo’s murder was her sexual orientation, it is always something that we want to hear because it speaks to the fact that this (hate crimes) continues.”