Cape Times

Joni’s 8-year jail term ‘too light’

- OKUHLE HLATI okuhle.hlati@inl.co.za

GENDER rights organisati­ons and the family of murdered lesbian Noxolo Xakeka, 23, have been left puzzled and disappoint­ed by the eight-year sentence imposed on her killer, Bongile Joni.

Joni pleaded guilty to the murder of the young mother in the Strand Magistrate’s Court last week. Magistrate, Franselien Mouton, sentenced Joni to 12 years in prison, with four years suspended, effectivel­y resulting in an eight-year sentence instead of the minimum of 15 years for murder. Xakeka was stabbed by the 26-year-old man during New Year’s Day celebratio­ns at a local shebeen close to her home.

Founder of Khayelitsh­a-based lesbian advocacy group Free Gender, Funeka Soldaat, who had been protesting in court against the bail of Joni along with the Triangle Project, said the accused provoked Xakeka by touching and teasing her. Joni had also made snide remarks about her sexuality, she said.

The prosecutor and Joni refuted allegation­s that the murder had anything to do with her sexuality when he pleaded guilty to “unlawfully murder the deceased by stabbing her with a knife”.

“It was never the intention of the accused to murder the deceased because of her sexual orientatio­n,” his lawyer said.

Soldaat said they believed it was a hate crime and felt Xakeka’s death was seen as a “joke”.

Triangle Project Health and Support Services manager Sharon Cox said: “The organisati­on is aware that there are always factors that are weighed before sentencing. Having said that, the deviation from the minimum sentence seems too light for having taken a life. About 1/3 of that would be served. This means that the accused, in all probabilit­y, will only serve a two and a half year sentence, which seems completely ludicrous, unjust and inappropri­ate for a young life lost in that way.

The family too are disappoint­ed and hurt by the outcome of the case.

“On the day of the murder, Triangle were informed by some that were present at the scene of the murder that a homophobic remark was made. The court placed great emphasis on the fact that she did this and injured the accused in the process. Having said that, the case was said not to be a hate crime. Triangle questions the pre meditation of the crime when the accused went back home and returned with a knife.

“There has been other cases of hate perpetrate­d against lesbians in particular and none of these have ever reached court.

“We had hoped that this case was one that would send a message to communitie­s that violence would not be tolerated.”

National Prosecutin­g Authority Western Cape spokespers­on Eric Ntabazalil­a said: “The girlfriend not only confirmed that the sentence was acceptable, but further confirmed that the incident was not motivated by sexual orientatio­n by the accused. The girlfriend indicated to the prosecutio­n that she is satisfied with the sentence and that (the) accused was seriously assaulted by the deceased prior to the murder.

“The prosecutio­n only consulted with the girlfriend because no other entity approached our office, whether it be the Triangle Project, Strand community or the family.

“She was the only person who consulted with the prosecutio­n. In light of all the mitigating factors, the State was of the opinion and the presiding officer agreed that the effective sentence was a balanced sentence.”

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