Long wait for justice for families of GBV victims
Lakesha Marthinus, 18, was tragically killed by her boyfriend, who threw a beer bottle at her while she held her infant child. This brutal act of violence has left her family in deep mourning.
Image: Supplied
With two tragic female murders on the court roll in different communities, justice is finally being realised for their families years after their killings.
In the case of Nosiphiwo James, it has taken nearly four years to reach the stage of sentencing; however, civic organisations state that the case has faced another delay due to the appointment of a new magistrate.
Action Society, which was present at the case, stated: “The magistrate previously presiding over the matter was not in court, and a new magistrate has now taken over the case. The matter has been postponed to February 24 for sentencing.” it explained.
James was murdered in May 2022 by her then-partner, Sivuyile Tshabile who used a screwdriver as the weapon. After committing the murder, he fled to the Eastern Cape and evaded arrest until Action Society assisted the South African Police Service (SAPS) in locating him.
Action Society detailed that after more than three years, a guilty verdict, and over 40 postponements, the family is still waiting for finality. They have relived their trauma with every single delay.
“Action Society will return to court. We remain committed to standing with Nosiphiwo’s loved ones until sentencing is delivered,” it stated.
It has been 1,200 days since Lekesha Marthinus, 18, was killed in Tafelsig, Mitchells Plain, and on Tuesday the court finally delivered its verdict. Austin du Plessis has been found not guilty of murder but guilty of culpable homicide.
The organisation stated that while the verdict does not amount to a murder conviction, it welcomes the fact that the court has held the accused criminally accountable for Marthinus' death.
Marthinus died on November 5, 2022 after du Plessis threw an empty beer bottle at her head while she was holding her nine-month-old baby. The young woman was rushed to hospital but was declared dead on arrival. A young mother lost her life as a result of that act, and her child will now grow up without her, the organisation stated.
Action Society said it has been has been monitoring the matter since January 2023, with the case postponed at least 21 times.
“This verdict confirms that Lekesha’s death was the result of unlawful conduct,” said Kaylynn Palm, Head of Action Society’s Action Centre in the Western Cape. “However, 21 postponements and 1,200 days tell a deeper story about systemic delay. Justice must not take this long.”
The organisation further added that the legal distinction between murder and culpable homicide is significant. “However, what remains unchanged is that a young woman is dead, a child has lost a mother, and a family waited more than three years for accountability,” it stated.
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