Justice for Murdered School Kids
- by: Masangweni Branch-Rural Network
- recipient: President Jacob Zuma
Justice delayed is justice denied: Masangweni school kids were murdered(2006)
On June 17th, 2006 five school children while walking home through a sugarcane farm were ambushed by two private farm watch security guards. One of the children, Thembinkosi Mpanza(then 17 years old), died instantly after being shot on the head at close range. VUkane Shange was shot on his stomach and died a few months later as a result of the abdominal gunshot wound. Vukani ws only 16 years old when he died in December 2006.
The owner of the sugarcane farm tried to bribe the Mpanza family with paying for funeral costs provided the family was not going to pursue with the court case. The family refused. Almost four years later we are yet to see the suspects being tried for the heinous crime they committed.
From the beginning the eShowe Police Station was very reluctant to investigate the case. It was only after the community, church leaders and some NGOs put pressure on the police that they started to investigate the case. We have been going to court all these years hoping to see justice being done. But, each we go to court as community we encounter harassment and ill-treatment from the eShowe Police Station and court officials.
We have petitioned all relevant government departments including the Human Rights Commission (HRC) and there has not been any positive response. It is for this reason that we are now petitioning the president of our country.
We note with concern that whenever farm/land owners become victims of the similar crimes the wheel of justice roll swifter but when we rural and marginalized communities suffer the same the wheel of justice are sluggish if they move at all.
The next court hearing will be on Wednesday of JUne 30, 2010 at eShowe Regional Court. On this day we the Masangweni village community accompanied by church leaders and other organizations who are standing in solidarity with us shall be marching on the streets of eShowe in order to express our anger and protest against this delayed justice. Justice delayed is justice denied.
For more information please conatct: Mdu Sibisi ( 27-73 387 9265) Thina Mthethwa ( 27-82 299 4180) or Bheki Gumede ( 27-71 466 0074 / ruralnetwork.kzn@gmail.com)
RURAL
P.O Box 79
Nkwalini
3816
17 May 2010
The Honorable President J. G. Zuma
Union Buildings
Private Bag X1000,
Pretoria,
0001
Dear Mr. President,
REF: JUSTICE FOR MURDERED SCHOOL KIDS - CASE NUMBER 279/06/06
We the community of Masangweni village, near Mpangeni, have been victims of delayed justice for almost four (4) years now. During the past three and half years we have tried everything possible to get help from government departments with regard to a murder case that took place almost four years ago. We have petitioned regional, Ms. Mkhonza and National Prosecutor Office. We contacted the latter as per the advice from the office of the Minister of Justice, Honorable J. Hadebe. Advocate K.R. Malatji (Senior State Advocate) responded and asked us to supply more details of the case which we did. However, we never heard from Malatji%u2019s office again. In 2007It is for this reason that we are petitioning His Excellency to intervene on our behalf.
On June 17, 2006 five school children while walking home through a sugarcane farm were ambushed by two private farm watch security guards. One of the children, Thembinkosi Mpanza, died instantly after being shot on the head at close range. At the time Thembinkosi was 17 years and was grade 10 learner at Sibekezelo High School. Vukani Shange who was 15 years old and grade 9 learner at the same school was also shot in the stomach. Vukani spent the next three months in an Intensive Care Unit ward at Ngwelezane Hospital. The other three learners narrowly escaped.
From the beginning the eShowe Police Station was very reluctant to investigate the case. It was only after the community, church leaders and some NGOs put pressure on the police that they started to investigate the case. However, detective Hadebe who was an investigating officer at that time was very rude and unprofessional when dealing with the victims%u2019 families. His investigation left too much to be desired. For example, when Vukani Shange eventually died in December 2006 as a result of health complications originating from gun wounds, detective Hadebe was reluctant to authorize a post mortem for almost two weeks. It took pressure from the Legal resource Center%u2019s lawyers for him to authorize post mortem on Vukani%u2019s corpse. This poor investigation almost resulted in Vukani%u2019s death being regarded as natural instead murder which had serious implications on the court case.
The prosecutors (previous and current) have not been helpful either with this court case. Both prosecutor and investigating officer never communicate with the victims%u2019 families about court hearing dates, let alone arranging transport for families to attend court cases which is very important for us in order to witness justice being done.
The current prosecutor, Mr. Magubane, has already demonstrated extreme poor handling of this case. He has already hinted to the families and community that he does not think he can successfully prosecute the two suspects on two murders and three attempted murder charges due to insufficient evidence. The post mortem report states clearly that Vukani Shange%u2019s cause of death was %u201Ccomplications associated with history of abdominal gunshot wound%u201D. Therefore, it is unacceptable that the prosecutor would be reluctant to charge the two suspects with two murders of our children.
This is very troublesome for us since both prosecutor and investigating officer have not collected enough evidence to prosecute this case. For example, since the year 2006 police have not conducted ballistic tests on the murder weapons which are essential for prosecuting this case. Both prosecutor and investigating officer have failed to prepare their witnesses and to share copies of their statements with them. This is very important for this case to be successful since they wrote their statements almost four years ago.
For almost four years we have been waiting and hoping for justice to be done. We earnestly beseech the Honorable president to intervene on our behalf and pressure the eShowe Regional Court to expedite the trial of the two murder suspects and to stop eShowe police, especially police officer van Rooyen who has been treating us like criminals when we got to court and yet we are the victims.
Please find below more details of this murder case:
1. NAMES OF THE ACCUSED: Sithole Phumlani Sabelo &Thusi Jabulani Lilly
2. NAMES OF THE DECEASED: Shange Vukani & Mpanza Thembinkosi
3. THE LAST DATE THE MATTER WAS IN COURT: 01 March 2010
4. THE NAME OF THE INVESTIGATING OFFICER: Detective Gumede (eShowe Police Station)
5. THE CAS NUMBER: 279/06/06
We trust that our request will find favor in your consideration.
Yours sincerely,
Mr. M Sibisi (073 3879 265) OR Ms. T Mthethwa (082 2994 180)
Email: Ruralnetwork.kzn@gmail.com
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