February 11 to 13 were the first days of the trial of four men accused of murdering lesbian soccer player, Eudy Simelane, at the Delmas Circuit Court,
Aged between 18 and 24, the men appeared before Judge Moses Mavundla on the charges of murder, robbery with aggravating circumstances and rape.
Three of the co-accused - Khumbulane Magagula, Johannes Mahlangu and Themba Mvubu pleaded not guilty to all of the charges. Accused number 4, Thato Petrus Mpithi pleaded guilty to murder and robbery, not guilty to
rape, but guilty to being an accomplice to rape. The trial was then separated and the first three will appear before a different judge on 29 July 2009.
Accused number 4, Thato Petrus Mpithi was convicted and Judge Mavundla stated that in his sentencing he had to consider a previous conviction of assault and robbery, his age, level of education and drunken state of mind. In his testimony, Mpithi said that he saw Simelane for the first time on the day of the crime. In his sentencing Judge Mavundla declared that Simelane's sexual orientation had "no significance" to her killing.
Mpithi was sentenced to 18 years for murder, 15 years for robbery and 9 years for being an accomplice to rape. The first 10 years of the 15 years for robbery will run concurrently with the 18 years for murder. This means he has been sentenced to 32 years in prison.
Many activists (Joint Working Group, Treatment Action Campaign, the National Association of People Living with AIDS, and African National Congress members) had travelled to Delmas from Kwa-Thema and elsewhere, and as they and the Simelane family left the courtroom on the last day of Mpithi's trial, many mixed reactions were expressed. The 32 year sentence seemed acceptable to some, given legal precedents in our country. Many said that the fact that Judge Mavundla found Simelane’s sexual orientation of "no significance" in Mpithi's crime, means he failed to recognise that lesbians do face rape and murder in South Africa. Activists hope that this aspect will be more prominent in the case against the other three accused as Eudy Simelane was known to one or more of them.
Most alarming were reports from activists and others who attended court of threats received from the co-accused’s friends. Over a dozen lesbians, especially from Kwa-Thema, reported that young men were heard threatening things like "no matter what transpires in court, we are going to eliminate lesbians and gays" - in vulgar Zulu words. Not only lesbians and gays, but general supporters of the Simelane family and human rights defenders are now in fear that they will be targeted.
This signals a feeling of impunity, despite the sentencing which was meant to send a strong message to perpetrators. This continues to raise fears among
openly LGBTI people in South Africa, despite our Constitutional dispensation that guarantees rights to freedom, dignity and bodily integrity.
From today to the trial date in July, and beyond, many initiatives will be engaged in to strategise on the actual case proceedings against the three co-accused, keep communities mobilised and vigilant, and enhance efforts to root out this scourge of violence and crime in our society.

(From a report by Phumzile Mtetwa, Executive Director, Lesbian and Gay Equality Project. 011 487- 3810/1 phumi@equality.org.za)