Justice, what is it and how does one get it?

Justice, what is it and how does one get it?

Is it when the family of the perpetrator visits the family of the victim and gives them an “offering” towards the burial arrangements? You see the culture within Africans determines that the family of the perpetrator claims responsibility on behalf of their child, in this case; by way of admission of guilt for the crime committed; and pays the full cost of the burial. Ask anyone about the kind of funeral Africans organise –it is elaborate and expensive. Except for my family, ooTshezi were lenient and accepted whatever ooJola could afford — a fraction of the full cost. Now is that justice?

Is it praying for karma? Wishing that the perpetrator would die the very same way he killed the victim. Would that be justice?

Is it when the perpetrator is arrested, prosecuted and convicted? The former two transpired, but the case was struck off the roll — before a conviction. After spending a year in jail and some court appearances, the perpetrator is now roaming the streets of Cape Town Townships, as if nothing happened. The sole witness recanted her promise to testify in court. Is that justice?

My mom has gone through all the stages of grief for her only son, except now she still is consumed with anger. The downfall of that is that it weighs down on her. She is exhausted. She has no hope that justice in the true sense of the word, would ever prevail.

Today, 18 May 2021, marks the second-year anniversary of my only brother’s murder.

What had happened is that “Themba” killed Zola, execution-style in front of “Thembakazi”, at the latter’s residence. Why? Well, according to “Thembakazi”, she did not know. She further indicated that she and “Themba” had a romantic history and share a child. When I questioned her if the romance was still active, she declined. When I questioned if “Themba” had wanted a “love-back”, she declined. She also said that “Themba” and the victim were acquainted, he knew that she and the victim were just friends, so there was no reason to be jealous. This discussion took place three days after the fact. I was accompanied by my sister and cousin. As the sole witness, I decided to get the full story and the order of events from “Thembakazi”. She seemed appalled by the act and vowed to testify in a court of law about what had happened.

The details are that Zola walked “Thembakazi” home. Zola went into her backroom for a chat. Unbeknown to them “Themba” was seen lurking outside the backroom, where “Thembakazi” lived. “Thembakazi”’s sister, “Thembisa” indicated that she saw him leave only to return firing shots in the air. When he got back, he knocked and Zola opened the door, only to invite the other end of the gun to his head, the dangerous end!

According to “Thembakazi”, few words were spoken, “Oh! Kanti nguwe lo”! Translated to English: “Oh! it’s you”. Zola replied, “Ewe ndim, ubucinga ukuba ngubani?” — meaning: “yes it is me, who were you expecting?” Thereafter the gun went off. “Thembakazi” continued to narrate that she did not even hear the shot but saw Zola falling towards “Themba” but he pushed him to fall away from him. “Thembisa” saw “Themba” leave.

According to “Thembakazi”, “Themba” had killed someone before and was jailed for it. He harassed her by going to her place whenever he was drunk or high and would hit the outside wall of her backroom with an iron rod and demanded attention. He was a violent person, as he once asked “Thembakazi” for their child so that he can kill him.

Our walk with the Police was taxing from the onset! When we visited the Police Station for guidance on Monday, two days after the fact, we were met with an arrogant Investigating Officer who did not give us time or empathy. He misled us by telling us not to go to the Morgue to identify the body until he had received an email from the Coroner. He was walking out as he was telling us that there was no one else who knew the ins and outs of the case, so we had to wait for him. This is the person who never bothered to visit the family of the deceased on the day of the murder.

We decided to go to the Morgue anyway only to be commended for doing so because Zola would not have been examined and therefore would not have been released to the family for burial in time.

Nothing was forthcoming from the Investigating Officer so the family sought guidance and any news on the arrest from the Captain. Eventually, our calls paid off with the news that the perpetrator was arrested — a month after the passing.

We went back and forth the Bishop Lavis Court to hear the case but at each sitting there was something or the other that the Prosecutor needed and would ask for a postponement. Subsequently, there was a bail hearing which was denied and so was the appeal. The case was moved to the Magistrate’s Court in Bellville.

Then COVID-19 came and we were not allowed inside the court followed by silence … until the Investigating Officer eventually went to see my mom, the second time ever, to tell her of the court session scheduled for 27 August 2020. He advised her not to go because she would not be allowed in any way.

I sent him a WhatsApp text on 24 October 2020 enquiring about what had transpired back in August because he never came back. He told me that he did not have the file and that the “witness is not willing to go to court to give testimony”. He further told me that the court could withdraw the case or issue a warrant of arrest for the witness and that it was at the discretion of the court to actually issue that warrant of arrest. His last word was that if I had witnesses, I should take them to him.

I called him two days later to follow up, he told me he was looking for “Thembakazi” but he admitted to not going to her place of work. He told me that “Themba” had been out for two months already, but when I pressed him on the reason for not telling the family, he got annoyed and hung up on me.

The word is that “Themba” and “Thembakazi” live together somewhere eMfuleni or Phillipi. When I conveyed this to the Police, they asked me for the address. Really!

Zola’s murderer will continue to be free until such time “Thembakazi” turns on “Themba”. Who knows when will that be or if that will happen!!

This begs the question: out of the 21 325 murdered victims in the 2019/20 financial year in South Africa, or 3 975 in the Western Cape, how many got justice? Whatever justice is! How many were arrested, prosecuted and convicted for these crimes? How many grieving families got the closure they deserve? I hope the Honourable Minister would present these figures annually, for the sake of accountability on failed justice.