- Foundation for Human Rights

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Dedication
With love we remember Jill Henderson who was a driving force behind this project.
We also remember Bomkazi Mbizo fondly who passed away suddenly during our work.
We dedicate this work to all the lesbians who fight daily for the right to be themselves.
… and to all the activists who believe that human rights should be lived.
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Acknowledgements

As always, projects like these do not happen on their own, nor only by those who are made visible in the text.
In Triangle Project, Jill Henderson’s tragic and unexpected death left the hard work of coordinating and
motivating the project to an already pressurised director, Jayne Arnott. Javin Jagers stepped in to do various
tasks including the essential job of data entry and Julie Moreau provided a comprehensive record of the
training course through her meticulous record-keeping. Sindiswa Thafeni caught the ball when Jayne left, Mikki
van Zyl expanded her role as external consultant to research coordinator and Sharon Ludwig helped to see the
first phase of this project to its conclusion.

The Action for Justice Team demonstrated their dedication through every stage of completing this project:
Funeka Soldaat, Nyameka Mkosana, Velisa Jara, Veronica Sowazi, Thozama Matabata, Pearl Mali, Siya Mcuta,
Nomthetho Ndzima, Zithu Dlakavu, Monde Hobongwana and Jean-Marie Nkurunziza.

Finally, without funding, no project can be implemented. This project was undertaken in collaboration with
Oxfam Canada, with the financial support of the Government of Canada provided through the Canadian
International Development Agency (CIDA). We also sincerely thank the Foundation for Human Rights for their
funding support for this project.
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Contents
DEDICATION .............................................................................................. II
ACKNOWLEDGEMEN TS ............................................................................... III
ABBREVIATIONS ........................................................................................ VI
GLOSSAR Y ............................................................................................... VII
EXECUTIVE SUMMARY ................................................................................ IX
JUSTICE DELAYED… .................................................................................... 15
LGBTI hate crimes in South Africa ....................................................................................... 15
A culture of violence .......................................................................................................... 17
Sex, gender and sexuality and the threat to masculinised norms ........................................ 18
Why conduct this study? .................................................................................................... 19
THE R ES EARCH PROCESS ............................................................................. 21
Research aim and objectives .............................................................................................. 21
Using a participatory action research framework ............................................................... 21
Creating the research team ................................................................................................ 22
The research training course .............................................................................................. 22
Description of the participants ........................................................................................... 23
Data collection ................................................................................................................... 24
Data analysis ...................................................................................................................... 25
Ethical considerations ........................................................................................................ 26
BARRIERS AND BRID GES :COM MUNITY M OBILI SATI ON DURING TH E TRIAL .......... 27
The Joint Working Group and Campaign 07-07-07 .............................................................. 27
Barriers to Mobilisation...................................................................................................... 28
Bridges to Mobilisation ...................................................................................................... 35
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RECOMM ENDATIONS ................................................................................. 40
REFER ENCES ............................................................................................. 41
APPENDIX A: TIM ELINE OF THE Z OLISWA NKONY ANA MURDER TRIAL ................ 42
APPENDIX B: INTERVIEW GUIDE .................................................................. 45
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Abbreviations
CGE
Commission for Gender Equality
FG
Free Gender
SGJ
Sonke Gender Justice
SJC
Social Justice Coalition
TAC
Treatment Action Campaign
TP
Triangle Project
WLC
Women’s Legal Centre
LGBTI
lesbian, gay, bisexual, transgender, intersex
WSW
women who have sex with women
MSM
men who have sex with men
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Glossary
Bisexual: A term used to refer to a person who is capable of having sexual and romantic attraction to
someone of the same gender and/or someone of other genders; such attraction to different genders is not
necessarily simultaneous or equal in intensity. Not all people who are attracted to different genders selfidentify as bisexual.
Butch: Lesbians with more masculine gender presentations and performances.
Femme: Lesbians with more feminine gender presentations and performances.
Gay: A term deriving from the global North as a synonym for homosexual men in many parts of the world;
its use is more nuanced in South Africa, where it often refers to feminine-identified men (ladies) whose
primary erotic orientation is towards gents, other men who may see themselves as "straight" (Reid, 2013).
Not all men who are attracted to other men self-identify as gay.
Gender: The socially constructed roles, behaviour, activities and attributes that a particular society
considers appropriate for women and men based on society’s conceptions of femininity and masculinity.
Gender-based violence: Violence directed against a person on the basis of their sex or gender. Genderbased violence includes sexual violence, intimate violence, psychological abuse, sexual exploitation, sexual
harassment, harmful traditional practices, and discriminatory practices based on gender. The term is widely
understood to include violence targeting women, transgender persons, and men because of how they
experience and express their genders and sexualities (Human Rights Watch, 2011).
Gender identity: A person’s inner sense of an authentic gendered self, which could range along a continuum
from femininity to masculinity, and which varies across social spaces, i.e. cultures and contexts.
Gender presentation or performance: The way in which people express their gender identity through
behaviours which society deems "feminine" or "masculine". It could include language use, body language,
dress, mannerisms and so forth.
Hate crime: Any criminal behaviour or expression (verbal or physical) that stems from prejudice or
stigmatisation of someone’s perceived identity, e.g. sexual orientation. Homo hate crimes are homophobia
enacted. Since they are perpetrated on marginalised and stigmatised groups, services like the police that
have entrenched attitudes of homophobia, often do not treat such crimes with due diligence. This leaves
the impression that they may be committed with impunity.
Heteronormativity: Related to “heterosexism” discussed below, it refers to the privileged position
associated with heterosexuality based on a normative assumption that there are only two genders, that
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gender always reflects the person’s biological sex as assigned at birth, and that only sexual attraction
between these “opposite” genders is considered normal or natural.
Heterosexism: A system of beliefs that privilege heterosexuality and discriminate against other sexual
orientations. It assumes that heterosexuality is the only normal or natural option for human relationships
and posits that all other sexual relationships are either subordinate to, or perversions of heterosexual
relationships. In everyday life, this manifests as the assumption that everyone is heterosexual, until proven
otherwise.
Homophobia (homoprejudice): Literally the fear of homosexuals (lesbians and gay men) and transgender
people. Homophobic attitudes are rooted in prejudice and Othering, and therefore the term homoprejudice
is also used. Homophobic behaviour ranges from all forms of discrimination, hostility and contempt to
harassment, bullying, and extreme violence like rape, assault and murder. These are all crimes based on
hate.
LGBTI: An abbreviation referring to lesbian, gay, bisexual and importantly, also trans* and intersex persons.
Although neither trans* nor intersex is classified as sexual orientations, similarities in experiences of
marginalisation, exclusion, discrimination and victimisation in a heteronormative and heterosexist society
are considered enough justification for their inclusion in efforts to ensure equality before the law and equal
protection by the law, irrespective of sexual orientation.
Lesbian: A term promoted by the global North for a woman whose primary sexual and romantic attraction is
toward other women. Not all women who are attracted to other women self-identify as lesbian.
Patriarchy: A social hierarchy that privileges men over women and masculinity over femininity.
Sex: The biological and physiological characteristics socially agreed upon as defining men and women.
Sexual orientation: The way in which a person’s sexual and romantic desires are directed. The term
describes whether a person is attracted primarily to people of the same or other sex, or to both.
Transgender: People who have a gender identity, and often a gender expression, that is different to the sex
they were assigned at birth. Some transgender people opt for gender-affirming treatment, while others
choose to not, or only partially, undergo such treatment. "Transgender man" refers to a female-to-male
trans person, and "transgender woman" to a male-to-female trans person. Transgender people can be
heterosexual, bisexual or homosexual.
Trans*: The word "trans" with an asterisk is increasingly used to replace "transgender" and indicates a
rejection of the hegemony of the global North in providing the language used to describe the identities and
experiences of transgender people.
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Executive Summary
In this study we set out to conduct an in-depth analysis of activist engagement surrounding the murder trial
of Zoliswa Nkonyana, in order to identify barriers to justice as well as critical areas of intervention for
activists. On the 4th of February 2006 Zoliswa Nkonyana was beaten and stabbed to death by a group of
young men. Only nine of the men involved in the attack were charged and after a drawn out trial marked by
more than 40 postponements, including the escape and recapture of some of the accused, four of the
accused were convicted and sentenced. On the 1st of February 2012, almost six years after Zoliswa’s murder,
the court handed down a landmark judgement when it was recognised for the first time in a South African
case that prejudice directed at sexual orientation was the motivation for the attack.
Despite South Africa’s progressive legislative framework, implementation practices for equal justice reflect
widespread homophobia, also in the actions of police and prosecution services. Advocacy efforts during the
trial were aimed at challenging these inadequacies and addressing the numerous delays. An advocacy
process can make use of different methods in order to achieve its goal and objectives. Three main
categories of methods in effective advocacy include (1) lobbying, (2) community mobilisation, public
education and awareness-raising, and (3) media engagement. This report focuses on the process of public
education and awareness-raising during the trial, which had the aim of using the trial to raise LGBTI visibility
and awareness, mobilising community support during the trial, and building legitimacy and recognition for
the cause of LGBTI hate crimes. To this end, we focus in particular on human rights organisations that
mobilised outside the Khayelitsha courts to protest the numerous delays in the trial and pressure the
judicial system. Based on the findings, we develop recommendations for future activist engagement around
LGBTI hate crimes.
The research process
We made use of a qualitative methodology situated within a participatory action research framework. A
team of community activists trained as researchers through completing a course in research design, data
collection methods and data analysis. Using a semi-structured interview guide, the team of 16 activistresearchers captured their experiences through a self-completion exercise. Following this, they identified
other community activists who had been active during mobilisation around the trial and conducted a further
26 semi-structured interviews, resulting in a total of 42 community activist interviews. Finally, the
researcher-activists identified key informants representing five organisations: Triangle Project; the Social
Justice Coalition; Sonke Gender Justice; Free Gender; and the Treatment Action Campaign. These
organisations formed part of the task team created to coordinate activism around the trial and could
therefore provide more in-depth accounts of the strategies informing this process. Despite an attrition rate
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among the initial group of 16 activists forming the research team, a core group of eight remained active and
participated in the presentation of the findings at a final focus group discussion on recommendations. The
interviews were transcribed and analysed using thematic analysis. This report forms part of a larger study
and a subsequent report will focus on the process of lobbying with the aim of legal reform and media
engagement during the trial.
Findings
The findings are organised around two points of focus. We first discuss barriers to mobilisation identified in
participants' accounts, followed by a discussion of the bridges created by activists to overcome these
barriers and increase the success of their mobilisation. Four themes were identified in participants’
accounts, related to barriers to effective advocacy:
"It was hard...": Activist experiences of emotional pain, frustration and disillusionment
This first theme relates to participants’ descriptions of the personal impact of the trial as emotionally
harrowing and painful. Participants focused on three main ways in which their involvement in mobilisation
around the trial impacted on them. A first component centred on their experience of vicarious trauma,
where the brutal murder of a community member and the attendant sense of injustice around the murder
impacted on participants and was experienced as a personal loss and trauma by many. As a second
component of the personal impact of the trial, participants referred to a shared experience of secondary
victimisation through being subjected to inefficiencies in the criminal justice system, causing feelings of
frustration, anger and bitterness, as well as a sense of hopelessness and lack of control. This sense of
secondary victimisation was particularly profound for community activists who were themselves survivors of
sexual assault and hate crimes. A third component referred to participants' accounts of their disillusionment
in the ability of the criminal justice system to protect them. Participants' involvement in mobilising around
the trial meant that they were closely monitoring the failings of the criminal justice system and they
reported becoming increasingly disillusioned with the systems meant to protect them, as the trial
proceeded. This experience created a sense disappointment and distrust in the criminal justice system and
contributed to the emotional impact of the trial on participants.
Awareness of the threat of violence
In addition to the impact of the emotional pain, frustration and disillusionment associated with their
engagement with the trial, participants also reported feelings of fear, an awareness of a threat of physical
violence and even instances of intimidation during the trial. The presence of the perpetrators at the trial and
in their community, following the acquittal of some of the accused as well as the escape of others at one
point during the trial, caused activists to fear for their safety. It was important for activists to formulate
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strategies to ensure their safety and protect them from possible violence and intimidation when mobilising
at the trial. A deliberate strategy used by activists to protect lesbian members at the court, was to engage
the Treatment Action Campaign as a human rights partner organisation with a large membership base. This
diffused the exclusive focus on the LGBTI sector through the attendance and visible presence of
heterosexual allies.
"They are still puzzled by this phenomenon": Lack of LGBTI-sensitivity and awareness among activists
Not all community activists were members of organisations directly involved in the LGBTI- or gender-based
violence sectors and instead participated in the mobilisation around the trial due to their more general
support for social justice. Consequently, not all participants were empowered with knowledge about LGBTI
genders and sexualities or key issues around gender-based violence. While cross-sectoral partnerships were
critical to the success of mobilisation, participants noted that it was necessary to educate and sensitise
activists from other sectors to empower them with the necessary knowledge. A lack of sensitivity was
particularly apparent in instances of victim-blaming where some participants directed admonishments to
lesbian women to avoid risky behaviour which could expose them to violence. In particular, many of them
focused on risks involved in alcohol and drug use with the implication that it makes lesbian women
vulnerable to violence. While such admonishments were offered out of concern, it plays into the notion that
women are either partially or entirely responsible for being sexually assaulted or attacked, thereby shifting
the blame from the perpetrator to the victim, and can contribute to a sense of secondary victimisation
among survivors. Some participants spoke specifically about lesbians’ gender-nonconforming behaviour,
especially in their interactions with men, implying that they provoke men through not conforming to
normative notions of femininity. While some participants appeared to hold uncritical views regarding LGBTI
genders and sexualities, there were also instances in which participants spoke about the transformation
they underwent through participation in the mobilisation around the trial and the resultant solidarity they
found with LGBTI individuals.
Competing for the "winning title": Tensions between NGO's
The mobilisation around the trial, while reliant on cooperation among different organisations, was at times
led by specific organisations with others acting in supportive or auxiliary roles. These internal dynamics of
the networking between organisations rose to prominence towards the end of the trial when some
participants felt that all organisations were not being provided with equal visibility and recognition.
Participants' accounts emphasise that receiving public recognition remains important in a context where
NGO's are competing for visibility and funding. Further to this, activists invest not only time and
organisational resources but also emotional resources and the recognition of their involvement might
therefore also be important to them on a personal level.
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The summary of the findings now turns to four themes related to effective mobilisation, as identified in
participants’ accounts:
Shared values of social justice through activism
The struggle for human rights in South Africa and the triumph of our progressive constitution means that
many citizens consider human rights activism a significant aspect of their identities, reflecting their deeply
held values in support of equality. Mobilisation and protests provide social spaces for expressing those
values. In the face of massive unemployment, protests provide activities for people of like mind to come
together and feel that they belong. Many of the participants were assertive about their activist and human
rights defender identities, underscoring their belief in justice, equality and humanity, when describing
themselves to their interviewers. Their activist identities were drawn on as a source of motivation for
engaging in the often difficult and draining work they do. As briefly referred to above, it was significant that
many of the organisations who joined in the process of mobilisation were not active in the LGBTI or genderbased violence sectors. Instead, they became involved out of a concern with the advancement of human
rights and social justice, regardless of their own sector of involvement or own identification as heterosexual
or as LGBTI. This shared concern with social justice proved instrumental in creating and sustaining a
common focus in the mobilisation around the trial.
"It made me want to fight for justice even more": Rising above injustice
As discussed in the first theme presented in this summary, participants described the emotional impact of
the trial as harrowing, painful and filled with frustration. However, instead of allowing this to discourage
their activism, participants described using these painful experiences to motivate them to further action to
continue fighting for justice. This ability to reframe their negative experiences in order to fuel their activism
can be regarded as a source of resilience for activists. While exposure to traumatic events and the
frustrations of the criminal justice system might be assumed to cause withdrawal and psychological
difficulties for many activists, it appears that participants drew courage and strength from these
experiences. It appears that a number of factors can help those exposed to trauma and injustice to
transform their negative experiences into intensified efforts to achieve justice. These include the availability
of social support, also emphasised by participants when describing how emotional pain, especially for
lesbians but also voiced by participants who did not identify as LGBTI, was mitigated by the activism and
solidarity from other organisations. Participants also emphasised the importance of more formal resources
such as psychological support and debriefing to assist them in managing the emotional impact of their
involvement in the trial.
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"It gave me hope": Drawing inspiration from media impact
Participants described how seeing media coverage of the trial mitigated the negative emotional impact of
their involvement in mobilisation. They were inspired to continue in their activism when they became aware
of media coverage of the trial, especially so as it lent a sense of legitimacy to their cause. Seeing their efforts
recognised through national and international media attention provided participants with a sense of
achievement. This recognition was described as re-energising participants, particularly at points where the
frustrations inherent to the trial left them feeling as if they were not making an impact.
Coordination and communication
While an earlier theme commented on the breakdown in communication among different organisations,
participants generally described the relationships between partners as successful. Participants often
referred to the positive role of the task team, established to effectively coordinate the NGO response and
facilitate communication among organisation. Participants defined the communication among organisations
as allowing a space for those usually marginalised in public discourses to be heard. Critical to ensuring
effective and continuous communication, was employing not only traditional media but also social media to
disseminate information about the trial and assist in mobilisation. Another aspect emphasised in
participants' accounts is the importance of sharing resources among organisations. While the task team
planned logistical matters, they needed funds and other resources supplied by the participating
organisations in order to mobilise people to attend protests at the court.
Recommendations for future advocacy and mobilisation
A sense of common purpose underpinned the activists’ mobilisation around the trial of Zoliswa Nkonyana’s
murderers. The outcomes showed that it was highly successful and that much can be taken from the way
the activists mobilised to challenge the justice system. Below is a summary of the recommendations based
on the findings of this report. These findings and recommendations will be integrated with those of a
subsequent report to arrive at a best practice model for activist engagement in LGBTI hate crimes:
Successful networking
As an initial step in mobilisation, it is valuable to conduct a stakeholder mapping exercise to identify human
rights organisations with a shared focus on social justice and form a joint network of response.

Develop a strategic plan for mobilisation.

Appoint a task team to coordinate the efforts of network in the campaign.

Have on-going mobilisation efforts to mobilise community members.

Have designated representatives to speak on behalf of the network.
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
Have education sessions to empower each other with knowledge regarding relevant issues, e.g.
LGBTI genders and sexualities.

Have education sessions to capacitate the involved activists on issues relevant to the campaign, e.g.
effective media engagement or legal issues.

Develop a media strategy to publicise the campaign.
Logistical support
Logistical support, provided by organisations with access to funding, increases the reach and impact of the
campaign.

Develop a budget for mobilisation campaigns. This would include transport and refreshments,
communications as well as publicity materials.

Set up effective and wide-ranging communication systems to reach all the group members,
including using available and popular social media.

Involve the mass media from an early stage to publicise the campaign, especially local radio and
press.

Develop publicity materials such as T-shirts, caps, pamphlets, posters, placards and banners to
amplify the campaign message.
Wellbeing of activists
Involvement in advocacy around LGBTI hate crimes and gender-based violence takes an emotional toll on
activists and adequate support is critical.

Ensure the availability of formal psychological counselling and debriefing.

Create opportunities for informal support through regular group meetings and peer support groups
where experiences can be shared.

Increase opportunities for shared decision-making among activists, to mitigate frustration and
increase a sense of self-efficacy in the face of the inefficiencies of the criminal justice system.

Implement strategies to ensure the physical safety of activists, particularly those who might be
subjected to increased risk due to their LGBTI identities.

Use effective media engagement to motivate activists and lend broader legitimacy to activism.
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CHAPTER ONE
Justice delayed…
On 4 February 2006 Zoliswa Nkonyana, who was open about being lesbian, was with her friend
Phindiswa Mangxala at a shebeen in Khayelitsha. They went to the ladies' toilets but were chased out by
a group of women who taunted them for “acting like men” yet wanting to use the ladies’ toilets. The 19year-old Zoliswa retaliated by asking them to “go with them” whereupon the women went to their
boyfriends (the nine accused) and told them about the incident. The men followed Zoliswa and
Phindiswa out of the shebeen and started chasing them and beating them up. They ran but were
overpowered by the men, where Zoliswa was stabbed and stoned to death in the street a few hundred
metres from her home. Her stepfather saw the commotion but did not realise it was Zoliswa who was
being assaulted and murdered.
After numerous postponements (see the timeline of the trial attached as appendix A), the state’s main
witness finally started giving evidence in December 2008. On the basis of the high number of delays, a
Joint Working Group formed by the 070707 Campaign petitioned the National Prosecuting Authority to
have the case moved to the High Court. (The 070707 Campaign formed as an advocacy group after the
deaths of Sizakele Sigasa and Salome Masooa on 7 July 2007). The National Prosecuting Authority
responded by nominally changing the Khayelitsha court into a High Court.
In the meantime Zoliswa’s mother had to endure the laughter of the accused and their girlfriends in the
gallery. Throughout the case, supporters of the accused verbally abused, threatened, taunted and even
threw stones at Zoliswa’s family and friends, other survivors and activists who were protesting.
Improper gathering of evidence meant that charges against most of the accused had to be dropped due
to lack of evidence. There were more than fifty postponements over the course of the trial, and four of
the accused escaped from the court in 2011, but fortunately were soon recaptured. After a six-year trial,
only four of the initial group of accused - Lubabalo Ntlabathi, Sicelo Mase, Luyanda Lonzi and Mbulelo
Dama - were found guilty of murder and sentenced in a landmark judgment which recognised the
influence of prejudice regarding sexual orientation as motivating the murder.
LGBTI hate crimes in South Africa
Globally, South Africa has one of the most progressive constitutional and legal frameworks for the
protection of LGBTI rights. In most African countries active prosecution and persecution of gay, lesbian and
bisexual individuals still continue (Anyamele, Lwabaayi, Nguyen, & Binswanger, 2005). South Africa differs in
that sexual orientation was enshrined as a protected status in the constitution in 1996 and legal protection
against discrimination based on sexual orientation is in place (Isaack, 2003). Same-sex civil unions are legally
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recognised through legislation introduced in 2006 and the removal of a range of discriminatory laws have
followed to increasingly ensure equality for LGBTI individuals (De Vos & Barnard, 2007).
The constitutional and legal protection that is largely in place for LGBTI individuals however do not mean
that everyday prejudice and victimisation based on sexual orientation do not occur - discrimination persists
and there are “patterns of violent harassment” of women in same-sex relationships, particularly in South
African townships (Motswapong, 2010, p. 103). Mostly working class men particularly target lesbians and
bisexual women with non-normative gender expression as well as transgender men for hate crimes that
often include rape and murder. These crimes are exacerbated by men acting in groups, as evidenced in the
murder of Zoliswa Nkonyana.
Failures in the protection of the rights of lesbians and bisexual women, transgender men and other gender
non-conforming people contribute to the impunity with which LGBTI hate crimes are committed and since
2007 South Africa has seen an increase in reported rape/murder crimes where sexual orientation or gender
non-conformity was described as relevant to the attack (Mkhize, Bennett, Reddy, & Moletsane, 2010). While
the progressive legal and policy framework should provide some protection or recourse for those affected
by LGBTI hate crimes, many survivors instead describe an apathetic and inefficient response when
attempting to access criminal justice system services (Human Rights Watch, 2011). Survivors and their
families and friends also report secondary victimisation by the police, where they are subjected to verbal
abuse and demeaning treatment, such as being asked mocking questions about lesbian sexual acts. The
Human Rights Watch (2011) report also describes cases of direct victimisation, where members of the police
themselves are the primary perpetrators of violence against lesbian and bisexual women, transgender men
and other gender non-conforming people.
This lack of trust in the police and others in the criminal justice system means that survivors are wary of
reporting hate crimes. For those who do report and have their cases come to trial, LGBTI civil society
organisations have to mobilise to ensure that the prosecutions proceed effectively, if at all. Considering that
crimes against lesbian and bisexual women, transgender men and other gender non-conforming people are
distributed not only according to gender and race lines, but also according to class lines, it is not surprising
that many survivors live in communities that are under-resourced (Human Rights Watch, 2011). They
consequently do not have easy access to legal resources to ensure the protection of their rights and it is
important for investigations into hate crimes and proposed legal reforms to take into account how genderbased violence and LGBTI-related hate crimes intersect with class.
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A further factor impeding the success of hate crime prosecutions is the fact that there are currently no legal
provisions in South Africa acknowledging the influence of perceived gender, gender identity or sexual
orientation in motivating hate crimes. Specialised hate crime legislation that could strengthen the
prosecution of offences has been proposed and its promulgation will be an important next step in
addressing hate crimes in South Africa (Mkhize et al., 2010).
In the discussion that follows we highlight two key considerations in understanding hate crimes directed at
lesbian and bisexual women, transgender men and gender non-conforming people. First, high levels of
gender based- and sexual violence in South Africa define the society within which LGBTI hate crimes are
committed. Second, the dominance of a heteronormative and patriarchal view of gender and sexuality
prescribes strong sanctions against gender non-conformity and create the social conditions within which
women's gender performances and sexualities are regulated, at times through violence.
A culture of violence
The depth of misogyny and its concomitant violence against women in South Africa has reached epidemic
proportions with Jewkes et al. (2009) asserting that almost a third (27.6%) of men have admitted to raping
women. The female homicide rate in South Africa is six times that of the global average and half of these
murders occur at the hands of an intimate partner (Mathews, Jewkes, & Abrahams, 2011). Sexual assault
also occurs at staggeringly high rates - research reports place South Africa among the countries with the
highest rates of reported cases of rape, and considering the severely under-reported nature of sexual
assault the figures are likely to represent only a portion of cases (Hirschowitz, Worku, & Orkin, 2000).
Prevalence of sexual violence also differs according to factors such as class, which influences women’s
access to increased security (Dosekun, 2007). A study conducted in Cape Town posits that 40 percent of the
women participating in the research reported at least one instance of sexual assault (Kalichman et al.,
2005). Regardless of personal risk or direct experience of sexual violence, it has become so pervasive that it
is normative and "fear of sexual assault stalks the imagination of many South African women" (Mkhize et al.,
2010, p. 4).
As a group, however, LGBTI individuals are singled out for particular forms of abuse and violence, not only
from other people in their communities, but also by police and other service providers (Nel & Judge 2008;
Mkhize et al. 2010). Provisional findings from research conducted by the South African Hate Crimes Working
Group state that almost half of hate crimes studied in their sample were related to sexual orientation
and/or gender expression (Nel, 2013). Research by the Triangle Project found that 86% of black lesbians in
South Africa report that they fear being victims of sexual violence, compared to 44% of white lesbians
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reporting the same (Rich, 2006). The following section explores the links between sex, gender and sexuality
in informing hate crimes and violence against LGBTI individuals.
Sex, gender and sexuality and the threat to masculinised norms
What ties various hate crimes against LGBTI individuals together is the perceived threat to dominant
masculine norms presented by lesbian and bisexual women, transgender men and other gender nonconforming people. A patriarchal orientation towards women as subservient to men is so entrenched that in
many African communities female same-sex sexuality is not only seen in light of it being “deviant” sexually
but is also regarded as a transgression of a woman’s gendered position in communities. South African
political figures, such as Jacob Zuma, have repeatedly uttered homophobic statements (Msibi 2011),
supporting a reified and regressive concept of "African" masculinity that is “heterosexist, patriarchal,
implicitly violent and that glorifie[s] ideas of male sexual entitlement, notably polygamy [sic], and
conspicuous sexual success with women” (Morrell, Jewkes & Lindegger, 2012, p. 17).
In the recuperation of post-colonial African identities, the construction by national leaders of idealised black
identities as exclusively heterosexual, has exacerbated the dangers for black lesbians. Such a reassertion of
a patriarchal traditionalism expects of women to submit to men and assume a passive role – a romantic
relationship with another woman is then often regarded as desiring to be like a man and therefore as
threatening the traditional order of male dominance and female passivity (Henderson, Cloete, & Van Zyl,
2011; Lynch, 2013). The extent to which female same-sex sexuality is regarded as a threat to male norms is
apparent in hate crimes against lesbian and bisexual women termed in some reports as "corrective" rape,
where women are targeted in sexual assaults where the perpetrator has the aim of using rape to “cure”
their victim of their same-sex orientation (Actionaid, n.d.; Britton, 2006; Muholi, 2004). Victims often report
that during the attack their perpetrators tell them that they are being “taught a lesson” and being “shown
how to be real women” (Actionaid, n.d., p. 12). LGBTI hate crimes are fuelled by strong sanctions against
women’s transgression of their prescribed gendered role, and therefore function to "discipline" gender nonconformity and deviations from heterosexuality (Currier, 2011). This demonstrates its roots as a misogynist
hate crime that ultimately has implications for all women, regardless of their sexual orientation.
While media reports focus on lesbian women as the victims of "corrective" rape, bisexual women and
transgender men are also at risk as any indication of involvement with a woman or gendered presentation
which diverges from a normative feminine identity makes a person vulnerable. A participant in a South
African study focused on bisexual women refers to her awareness of the risk of physical violence or even
death when she states that if you are seen with another woman “you’re putting your life in danger really”
(Lynch, p. 186, 2013). This points to the regulative function of LGBTI hate crimes, in that it impacts not only
on the person directly affected, but conveys a powerful message of intolerance to all persons who share in
18
the victim's identity or social grouping. This wider ripple effect has the consequence that "hate crimes can
and do intimidate and disrupt entire communities" (N.Y. State Penal Law, 2000, para 1).
Another gendered dimension of safety for lesbians and bisexual women in townships is shaped by a
continuum of "guilt" and "innocence" – in the eyes of society, people’s identities position them according to
those who are to "blame" and those who are "victims". Women and children are frequently positioned as
"innocent victims", yet those seen to be breaking social and cultural codes and mores, will forfeit the right
to protection reserved for victims (Pisani, 2008). Common-sense prejudiced beliefs regarding lesbian
women include the notion that butch lesbians "corrupt" women, and that "femme" lesbians are "innocent
victims" who have no agency, and would otherwise be heterosexual. This belief perpetuates and maintains
the ideology of men’s ownership of women, and that women do not and should not have sexual agency or
autonomy. It positions butch lesbians as predators who need to be controlled. Consequently, lesbians who
present or identify as butch have to work the hardest to attain images of respectability and dignity in their
communities and are at the frontline of lesbian rapes and murders. Notions of "decency" and "innocence"
are however also constructed through class and race - where poor people are deemed less "decent" and
racist discourses value whiteness - as well as other axes of social power. Therefore black working class butch
lesbians are positioned through a variety of identities that would fall outside the parameters of "decent"
and "innocent".
While women behave according to the "acceptable" and "passive" sexual norms, they may be seen as
innocent, and their sexual rights will be protected. Women who exercise agency and autonomy with their
bodies and sexuality risk the abrogation of innocence and therefore their claim to their rights. Phillips (2009)
argues that we “need to reconfigure the relationship so that innocence/guilt attaches to issues of harm and
autonomy rather than morality or social value” (p. 358-359). Though lesbians have constitutional rights, in
terms of cultural values they do not have rights. This could be one of the reasons why it has been so difficult
for LGBTI hate crimes to be defined as such in the courts and for the lack of efficiency and urgency in the
Zoliswa Nkonyana trial.
Why conduct this study?
The murder trial of Zoliswa Nkonyana is unique in that it represents the first case in which the judgement
passed by the court recognised that prejudice towards the victim's sexual orientation informed the
motivation for the crime. This indicates an important step towards legal reform in addressing LGBTI hate
crimes and a study of the process of activism surrounding the trial can serve as a basis for developing
recommendations for future activism.
19
An advocacy process can make use of different methods in order to achieve its goal and objectives. Three
main categories of methods in effective advocacy include (1) lobbying, (2) community mobilisation, public
education and awareness-raising, and (3) media engagement (Carroll, 2010). This report focuses on the
process of public education and awareness-raising during the trial, which had the aim of using the trial to
raise LGBTI visibility and awareness, mobilise community support during the trial, and build legitimacy and
recognition for the cause of LGBTI hate crimes. During the murder trial numerous community activists
defending human rights mobilised and protested outside the Khayelitsha courts to challenge the judicial
system. They wanted hate crimes against lesbians to be dealt with seriously by the police and courts. The
civil society organisations involved were not all focused on the LGBTI sector, but instead represented a
range of human rights organisations, such as Treatment Action Campaign (TAC), Sonke Gender Justice (SGJ)
and the Social Justice Coalition (SJC). These organisations mobilised around a shared concern, which proved
instrumental in creating and sustaining a common focus in the activism around the trial. It is this process of
mobilisation and awareness-raising through partnerships across organisations which we explore in the
current report, using a participatory action research framework. A subsequent report will focus on the
process of lobbying with the aim of legal reform as well as the media engagement during the trial.
The next chapter outlines the research process that informed the study.
20
CHAPTER TWO
The research process
Research is the methods one uses to interpret a given situation or condition and make
recommendations (written by a community activist team member during the research training
course).
Research aim and objectives
The aim of this study is to conduct an in-depth analysis of activist engagement surrounding the murder trial
of Zoliswa Nkonyana, to arrive at recommendations for future activist engagement around LGBTI hate
crimes.
Specific objectives include:
Objective 1:
To identify critical areas of intervention by activists in the murder trial of
Zoliswa Nkonyana
Objective 2:
To identify barriers to as well as opportunities for justice in the process of
activism around the trial
Objective 3:
To formulate recommendations for effective activist engagement in criminal
justice system processes around LGBTI hate crimes
Using a participatory action research framework
The research team made use of a qualitative participatory action research framework. The team conducted
semi-structured interviews with 42 activists involved in the mobilisation around the trial, as well as semistructured interviews with five key informants representing different civil society organisations.
Participatory action research entails working in collaborative groups to study problems of mutual concern
and integrates knowledge production with the implementation of actions to effect change (Cornwall &
Jewkes, 1995; Heron & Reason, 1997). The community activists that participated in the research process
were members of grassroots organisations involved in the mobilisation around the trial, and adopted a dual
role as researcher-activists when they joined the research team. They were partners in defining the research
questions, the concepts underlying them and the methodology employed to address them (Maiter, Joseph,
& Saeid, 2013).
21
Creating the research team
Participatory action research relies on a cyclical self-reflective process, where practitioners (in this case a
group of researcher-activists) evaluate their actions and the impact thereof to arrive at recommendations to
improve their practice (Bradbury & Reason, 2003). As one of the key organisations involved in the
mobilisation around the Zoliswa Nkonyana trial, Triangle Project initiated the research process and obtained
funding from donor agencies. Activists from other organisations who had been part of the mobilisation
joined the research team, coordinated by Triangle Project. The team members can be described as
researcher-activists as they occupy a dual position both as activists involved in the process of mobilisation as
well as forming part of the research team documenting and analysing this process. This had the advantage
of developing contextualised research accounts that offer an insider perspective, where those responsible
for producing knowledge during the research process are also those who experienced the phenomenon
under study, an approach which is consistent with participatory action research principles (Bradbury &
Reason, 2003). To ensure rigor while assuming such a dual position, researcher-activists carefully examined
their subjective involvement in the project through keeping field notes and conducting group discussions at
regular team meetings.
The majority of the research team, eight from a total of 16, were members of the organisation Free Gender.
The remaining eight members were from Treatment Action Campaign and the Social Justice Coalition.
Further details regarding the team members' sociodemographic details are provided in a subsequent
section of this chapter. The team developed their own corporate identity and was known as the "Action for
Justice" team with the slogan “Equal and accessible justice for all”. Team members also collectively designed
a logo.
The research training course
The team of researcher-activists participated in a five-day experiential training programme on research
methods and were provided with a training manual for own reference when conducting the research. The
training course was also used as a space to come to common understandings about the concepts used, and
to begin some processes for documentation in the report, e.g. compiling a time-line of significant events
during the trial. In order to qualify as a researcher various criteria were set and agreed by the coordinators
of the research. Research skills were assessed during the course and participants were issued with a
certificate upon successful completion of the training. The course outline is provided below:
22
Figure 1: Researcher-activists training course outline
Description of the participants
This project drew on information obtained from two main groups of participants. The first is that of activists
involved in mobilisation around the trial and comprised of the researcher-activist team of 16 members. This
core group of activists expanded their sample to include a further 26 participants who were also involved in
mobilisation in the trial, bringing the total of activist accounts to 42.
Of the group of 42 participants, the majority identified themselves as black. Their ages ranged between 21
and 50, with the average age being 29 years. The majority of the participants indicated that they reside in
Khayelitsha, the township in Cape Town where Zoliswa Nkonyana lived and also where she was murdered.
Thirteen participants identified as lesbian, eleven simply as men, seven as "straight" women, six as
"straight" men and five simply as women. It is interesting to note the number of participants who explicitly
identified themselves as "straight". Heterosexuality is typically assumed as the norm and consequently not
often explicitly identified as someone's sexual orientation. Such deliberate naming could be due to the
context of speaking about LGBTI issues, in that some participants perhaps felt the need for heterosexuality
23
to be differentiated and made visible. It might also indicate an awareness of being a minority of
heterosexual men and women in a lesbian-majority space.
The second group of participants comprised of key informants who were selected to represent five
organisations: Triangle Project; the Social Justice Coalition; Sonke Gender Justice; Free Gender; and the
Treatment Action Campaign. These organisations were selected based on them forming part of the task
team created to coordinate activism around the trial, and were therefore closely involved in mobilisation
and could provide in-depth accounts of the strategies informing this process.
Data collection
To address the research questions formulated by the team, we collected data from four main sources: (1) A
desk-top study involving trial transcripts, media reports and other relevant documentation to develop and
anchor the key narrative of the trial and surrounding activism; (2) semi-structured interviews with 42
community activists involved in the mobilisation around the trial; (3) semi-structured key informant
interviews with representatives from five of the civil society organisations involved in the task team
coordinating activism surrounding the trial and (4) a focus group discussion with eight community activists
forming part of the research team. Below we provide more information regarding the semi-structured
interviews with community activists, the key informant interviews with civil society organisations, and the
focus group discussion with community activists conducted at the end of the data collection period.
Semi-structured interviews
We made use of semi-structured interviews to explore the personal experiences of community activists
involved in mobilisation around the trial as well as that of representatives selected for the key informant
interviews. Using the semi-structured interview guide discussed below, the original team of 16 activistresearchers captured their experiences through a self-completion exercise. Following this, they then had to
identify other community activists who had been active during the mobilisation for the trial and request
their participation. Potential participants did not need to belong to an organisation, although ultimately all
did, and could be any community member who took part in the picketing or mobilisation at the courts. The
team of activist-researchers conducted 26 semi-structured interviews with other community activists,
resulting in a total of 42 community activist interviews. Finally, the researcher-activists identified the five
key informants and set up and conducted the interviews.
The semi-structured interview guide
A semi-structured interview guide designed by the research team guided directed both the community
activist interviews as well as the key informant interviews. Based on the aim and objectives of the study, the
24
research team first formulated appropriate questions in small groups and then finalised the questions in
plenary after which the guide was translated into isiXhosa. The main content areas explored during the
interviews include demographic information; personal, organisational and community involvement in
mobilisation around the trial; and recommendations for successful activist and other sectoral engagement
around LGBTI hate crimes (the full interview guide is attached as appendix B). The focus of the community
activist interviews and the key informant interviews differed somewhat in that the former elicited more
discussion of activists' personal experiences in mobilising around the trial, while the latter emphasised
organisational responses to mobilisation. Interviews were recorded using digital tape recorders, transcribed
and when necessary, translated into English.
Focus group discussion with community activists
After the data had been analysed, the team of activist-researchers were invited to a workshop where the
findings were presented and the recommendations reviewed with plans made for strategic implementation.
The outcomes of this workshop were also incorporated into the findings and recommendations. The
participatory action framework within which the research was conducted necessitated the focus group
discussion, in that it is anticipated that the team of activist-researchers will be actively involved in
implementing recommendations stemming from the research.
Since a number of members had jobs, and employed members of the participating organisations returned
to other concerns, there was an attrition rate in the original team of 16. A core group of 8 team members,
consisting mainly of Free Gender members and one Treatment Action Campaign member, remained and
participated in the focus group discussion.
Data analysis
We used thematic analysis to identify themes relevant to the aim and objectives of the study. The
transcribed material from all the data sources was imported into Nvivo 10, a qualitative data analysis
software programme, to facilitate the process of coding and analysis. Thematic analysis is an accessible and
theoretically flexible approach to identifying patterns in qualitative data (Braun & Clarke, 2006). The process
of thematic analysis used in this study entailed the following six steps: (1) familiarisation with the data; (2)
generating initial codes; (3) collating codes into potential themes; (4) reviewing themes by checking themes
in relation to coded extracts as well as the entire data set and generating a thematic map of the analysis; (5)
generating clear definitions and names for themes; and (6) producing the integrated report (Braun & Clarke,
2006).
25
Ethical considerations
We followed standard ethical guidelines for conducting social research: participants received information
sheets describing the nature of the research and their participation, who was conducting the research and
what it would be used for. Permission was obtained to record the interviews. Confidentiality was
emphasised and participants could choose whether to use a pseudonym or their real name in the research
documents such as the informed consent form (Van Zyl, 2011). Most participants chose to use their real
names and codes were later assigned to the data sources to protect participants' identities. Participants not
involved in the core research team were also invited to attend the workshop where the findings were
shared and plans for implementing the recommendations were developed.
Many of the community activists forming part of the research team were unemployed and were all paid as
independent contractors for conducting interviews. They were also reimbursed for transport costs to and
from the team meetings. Once an interview was completed and submitted, the research coordinator
assessed the quality of the information and when it was deemed satisfactory the researcher was paid.
We established a network of accountability through conducting monthly meetings throughout the research
period. The research coordinator approved all payments for interviews, but Triangle Project was responsible
for disbursement of all funds. Team members had to attend all meetings.
The next chapter presents the findings of the research.
26
CHAPTER THREE
Barriers and Bridges:
Community Mobilisation and Awareness-Raising During the Trial
This chapter focuses on the findings related to the advocacy context of community mobilisation, awarenessraising and public education, as it formed part of activist engagement during the trial. Human rights
organisations with diverse emphases mobilised outside the court in Khayelitsha, picketing and focussing
attention on the delays in the trial. The aim of this advocacy strategy was to create and sustain public
pressure on role-players in the criminal justice system in order to remedy the inefficiency in the trial,
particularly following numerous postponements. This strategy also aimed to use the trial to raise LGBTI
visibility and awareness, to mobilise community support during the trial, and build legitimacy and
recognition for the cause of LGBTI hate crimes. In this chapter we report on the subjective experiences of
activists involved in the protest actions at the Khayelitsha court and in awareness-raising and public
education among community members in Khayelitsha regarding LGBTI hate crimes. These advocacy
activities gained momentum as the trial proceeded and were sustained up until the end of the trial. The
focus in this chapter is on identifying challenges and opportunities in effective activism, as encountered in
this particular context of advocacy.
The Joint Working Group and Campaign 07 -07-07
I am an activist because it is in my blood and I can’t change it. I am an activist because I want to
play a big role in my community. Lesbians are killed because guys are jealous. I am an activist
because I believe in human rights (written by a community activist team member during the
research training course).
During the initial stages of the civil society response to the delays in the trial, it was recognised that there
was a need for an organised platform for mobilisation. One of the key activities was to set up a task team the Joint Working Group - that would meet regularly to keep everyone informed, monitor legal
developments, plan activities, advocacy, media engagement and mobilise others:
We formed a task team so that we can work together in mobilising the media and the community at
1
large (SS08 ).
1
In this report, extracts from the self-completed interviews are indicated by SC; the face-to-face interviews by SS; and
the key informant interviews by KI.
27
I was part of the task team; initially where we were looking at strategies to pressure the
government and the court (SS16).
The Joint Working Group comprised a network of 26 LGBTI organisations across South Africa, headed by
national coordinator Emily Craven. The focus of the working group was to create a space for national and
provincial communication regarding the trial, in order to coordinate activities and share resources. A second
focus of the Joint Working Group emerged when it created the Campaign 07-07-07. The campaign was
initiated to call attention to hate crimes perpetrated against lesbian women and was named after the date,
7th of July 2007, on which Sizakele Sigasa and Salome Massoa were brutally killed in Soweto. Attached, as
appendix A, is a timeline of the duration of the trial, which although not complete illustrates some of the
critical points at which activists employed various advocacy strategies.
The rest of this chapter is dedicated to presenting the findings from the thematic analysis of the semistructured interviews with activists and key informants involved in the mobilisation around the trial, and
particularly in the activities outside the court. The discussion first focuses on barriers to mobilisation
identified in participants' accounts, followed by bridges created by activists to overcome these barriers in
order to increase the success of their mobilisation.
Barriers to Mobilisation
"It was hard...": Activist experiences of emotional pain, frustration and disillusionment
Participants described the personal impact of the trial as "painful" (SS05), "emotional" (SS12) and "hurtful"
(SC01). Participants focused on three main ways in which the trial impacted on them: through an experience
of vicarious trauma, of secondary victimisation and of disillusionment in the ability of the criminal justice
system to protect them.
The vicarious trauma of being exposed to the horror of Zoliswa's violent death and the pain it caused to
those close to her was referred to often during the interviews. Vicarious trauma describes the emotional
and psychological effect on activists when working with the trauma experiences of others (Hesse, 2002).
Participants, as community activists residing in or close to Khayelitsha, were in many instances closely
involved with Zoliswa prior to her death and/or knew her family and friends, with the implication that they
were exposed to details of the traumatic event and the painful stories of those affected by it when it
occurred and also throughout the trial. The brutal murder of a community member and the attendant sense
28
of injustice around the murder impacted on them and was experienced as a personal loss and trauma by
many of the participants:
This case really affected me because I used to cry thinking what if Zoliswa was my sister (SS07).
It was hard and painful to deal with the case of a young girl being killed (SS19).
It was very emotional for me because when I think of Zoliswa's mother, how I felt she was affected
by all this (SS12).
It affected me in a very bad way; it caused anger and hurt to me (SS03).
As a second component of the personal impact of the trial, participants referred to a shared experience of
secondary victimisation through being subjected to inefficiencies in the criminal justice system, causing
feelings of frustration, anger and bitterness, as well as a sense of hopelessness and lack of control.
Secondary victimisation refers to the impact of events following an initial traumatic event, where survivors
are further traumatised through their experiences with medical personal, legal systems, and community
responses such as victim-blaming (Logan, Evans, Stevenson, & Jordan, 2005). In recounting their
involvement in the trial, participants appear to mirror this experience of secondary victimisation often
reported by survivors of crime and violence when dealing with the criminal justice system:
I was so hurt, especially the day when some of the accused were released (SC05).
[The case] was handled very badly because there were so many delays and postponements and it
was emotional for the Nkonyana family and the organisations (SC04).
I was very angry with how the judgement ended. Because I was wishing to see those guys suffer for
years in jail (SS25).
This sense of secondary victimisation was particularly profound for community activists who were
themselves survivors of sexual assault and hate crimes. One participant described how the trial evoked her
own experience of being raped:
During the trial I was so angry, frustrated, full of fear. I just had these mixed emotions. I would
break down and cry every time the case is being postponed. The trial took all my energy. It just
made me feel hopeless. Because I was raped, got pregnant and got HIV. I always prayed that the
case comes to an end because the guy who raped me passed away 2 months after I got pregnant.
29
So to me it would have been better knowing that he’s behind bars and that I won’t have to live with
the fear of what might happen to me tomorrow only because of being a lesbian. All in all the trial
had a great impact on me; it took me back to where I hated to be (KI01, TAC).
The emotional toll of being involved in such a protracted trial with continuous postponements and judicial
inefficiencies, causing stress, feelings of being drained and emotionally exhausted, was emphasised in
participants' descriptions:
I became out of control, stressed all the time I had to be in court; ended up "losing my mind" (SS02).
It drained my brains out; was stressed out every day thinking of what will happen on the next court
date (SS26).
Participants' involvement in mobilising around the trial meant that they were closely monitoring the failings
of the criminal justice system and they reported becoming increasingly disillusioned with the systems meant
to protect them, as the trial proceeded. In particular, participants commented on the numerous
postponements and the six-year duration of the trial, the escape of four accused (who were subsequently
apprehended again) and the outcome of only four of the accused ultimately being convicted and sentenced.
These experiences created a sense of disappointment and distrust in the criminal justice system and
contributed to the emotional impact of the trial on participants:
[It] had a negative impact on how we viewed the system. It gave the impression that our justice
system is failing us (SS06).
After years of fighting with the justice system to pay more attention to the trial, having four jailed
was the best they can do (SS18).
It has showed me how poor the justice system cares for human rights (SS23).
It really made me not to believe in the justice system (SC04).
Participants spoke about their awareness of inequalities in the criminal justice system, where the likelihood
of attaining justice appears to be determined by a person's positioning along lines of class, race, gender and
sexuality. Participants felt that justice was compromised during the trial because of Zoliswa’s
marginalisation as a black lesbian from an under-resourced community:
30
I think the reason why Zoliswa’s case was delayed by the justice system was because she was a
black lesbian (SS24).
… if it was a white person the case would have been solved faster (SS12).
It took too long because it is an ordinary case and there was no response from our government, I
related it with Jacob Zuma’s rape case it only took less than 4 months process because he is in
power, meaning that ordinary people have no power but those who are in power are respected
(KI02, Sonke Gender Justice).
I think that if only the cases could be handled equally and not depend on your race, religion, gender,
sexuality and class (KI01, TAC).
It felt as if this case was ignored because this girl was a lesbian. That made me angry (SS19).
The case was not handled in a good way. It was not on top of the list like the cases of all the people
with authority (SS03).
Awareness of the threat of violence
In addition to the impact of the emotional pain, frustration and disillusionment associated with their
engagement with the trial, participants also reported feelings of fear, an awareness of a threat of physical
violence and even instances of intimidation during the trial. The presence of the perpetrators at the trial
and in their community, following the acquittal of some of the accused, caused activists to fear for their
safety:
For me it’s very challenging because I live on the same street as one of perpetrators. I am scared to
even to wear my TAC T-shirt (SS16).
I was very traumatised by the postponement of the case as those who were found not guilty were
threatening our TAC members (SS09).
It was emotionally draining because as a lesbian woman I felt like we are not taken as human
beings and it made me not feel safe in my own area (SC04).
There were times where I wanted to give up, worried they would target us as lesbians as well
(SC17).
31
To a question concerning the safety and support received from the police during the trial, a participant
answered:
Not at all. There was not any safety during the trial because we were not kept safe by the police and
also the family members of the killers were there and we did not know what will happen to us as
activists. I think police did not care and they did not get warned about the accused escaping from
custody. Just because they had nothing to do with LGBTI issues at that time and also they were not
even supporting us when we were picketing in court (KI10, Triangle Project).
Although many lesbians felt more unsafe than usual at various stages during the trial, their fears
particularly increased during the time when four of the accused escaped from custody:
When four of the suspects escaped … I called the investigating officer Geldenhuys who confirmed it.
I was very scared and I still recall those five days every night. If I hear something I will wake up
thinking they are there to kill me. I was relieved to hear that they were rearrested on Sunday (KI15,
Free Gender).
I was so scared I thought my life was in danger (SC02).
Feelings of fear were also referred to in a researcher-activist's field notes, where she described her
concerns about being targeted for victimisation due to identifying as lesbian:
I was very scared of [the interviewee’s] place when I was doing my fieldwork. It was bad because
the community members discriminated against me but I didn’t talk to anyone till I found the
interviewee's place (SS19).
It was important for activists to formulate strategies to ensure their safety and protect them from possible
violence and intimidation when mobilising at the trial. A deliberate strategy used by activists to protect
lesbian members at the court, was to engage the Treatment Action Campaign as a human rights partner
organisation with a large membership base. This diffused the exclusive focus on the LGBTI sector through
the attendance of heterosexual allies:
We worked closely with TAC because of the masses of people affiliated to TAC as members. This was
a strategy to protect lesbians who are attending the case. If there are masses of people outside the
court singing no one will identify lesbians (KI15, Free Gender).
32
"They are still puzzled by this phenomenon": Lack of LGBTI-sensitivity and awareness among activists
Not all community activists were from organisations directly involved in the LGBTI- or gender-based
violence sectors and instead participated in the mobilisation around the trial due to their more general
support for social justice. Consequently, not all participants were empowered with knowledge about LGBTI
genders and sexualities or key issues around gender-based violence. While cross-sectoral partnerships were
critical to the success of mobilisation, a participant noted that it was necessary to educate and sensitise
activists from other sectors to empower them with the necessary knowledge regarding LGBTI genders and
sexualities:
Sexual orientation and gender dynamics [training] was needed to orientate many of our TAC
SJC…volunteers who on close observations on their attitudes: They are still puzzled by this
phenomenon (SC15).
A lack of sensitivity was particularly apparent in instances of victim-blaming where some participants
directed admonishments to lesbian women to avoid risky behaviour which could expose them to violence.
Amongst the activists who were interviewed several men and women who identified themselves as
heterosexual reprimanded lesbians for what they perceived as "masculine" behaviour and activities. In
particular, many of them focused on risks involved in alcohol and drug use with the implication that it makes
lesbian women vulnerable to violence. While such admonishments were often offered out of concern, it
plays into the notion that women are either partially or entirely responsible for being sexually assaulted or
attacked, thereby shifting the blame from the perpetrator to the victim, and can contribute to a sense of
secondary victimisation among survivors (Bieneck & Krahe, 2011). Two women forming part of the research
team expressed their concerns as follows:
LGBTI must live in communities safe and secure … but they mustn’t abuse drugs and alcohol (SC13).
[I want] to say to the LGBTI they must stop drinking and using drugs, because most of the time they
are in trouble with that (SC03).
A few of the participants spoke specifically about lesbians’ gender-nonconforming behaviour, especially
towards men. A male participant who did not identify his sexuality said:
LGBTI community have to show respect … lesbians shouldn’t undermine men as most of them do …
most of the lesbians contribute to the fight by giving the fools what they want (SS07).
A woman who did not identify her sexuality also gave a warning:
33
They [lesbians] must always be careful in our community, they must not be drinking with other guys
(SS12).
While some participants appeared to hold uncritical views regarding LGBTI genders and sexualities, there
were also instances in which participants spoke about the transformation they underwent through their
participation in the mobilisation around the trial. A heterosexual participant said that while he previously
held homophobic views, his participation in the trial changed him and he has found solidarity with LGBTI
individuals:
It gave me strength to confront hate crimes. I can tell my friends that they are fools when they try to
make fun out of gays (SS07).
Competing for the "winning title": Tensions between NGO's
The mobilisation around the trial, while reliant on cooperation among different organisations, was at times
led by specific organisations with others acting in supportive or auxiliary roles. These internal dynamics of
the networking between organisations rose to prominence towards the end of the trial when some
participants felt that not all organisations were provided with equal visibility and recognition:
Because of the case dragging out for such a long time the communication broke – Triangle wanted
to take over (SS02).
[Cooperation was] good, most of the time. Getting very complicated towards the end when
organisations started wanting to gain the “winning title” (SS06).
The challenges with working with other NGOs were lines of communication and they wanted credit
(SS21).
Receiving public recognition is important in a context where NGO's often have to compete for visibility and
funding. Further to this, activists invest not only time and organisational resources but also emotional
resources and the recognition of their involvement might therefore also impact on them on a personal level.
A further tension noted by participants was that of the distribution of decision-making power between the
different organisations’ members:
At some point we were not communicating properly, because some of the decisions were taken by
one organisation ...Organisations need to strategise and work together not only to get credit for a
34
particular organisation but working together to promote equality and address gender-based
violence (SS13).
The presentation of the findings now turns to aspects related to effective mobilisation, as identified in
participants’ accounts.
Bridges to Mobilisation
Shared values of social justice through activism
The struggle for human rights in South Africa and the triumph of our progressive constitution means that
many citizens consider human rights activism a significant aspect of their identities, reflecting deeply held
values of equality. Mobilisation and protests provide social spaces for expressing those values. In the face of
massive unemployment, protests provide activities for people of like mind to come together and feel that
they belong. Many of the participants were assertive about their activist and human rights defender
identities, underscoring their belief in justice, equality and humanity, when describing themselves to their
interviewers. Their activist identities were drawn on as source of motivation for engaging in the often
difficult and draining work they do. During the training course, activists-researchers described themselves as
follows:
Activist, human rights defender, community member (SS02).
Independent young woman, who is committed to activism (SS23).
Activist, feminist, lesbian, friend (SS26).
It was significant that many of the organisations who joined in the process of mobilisation were not active
in the LGBTI or gender-based violence sectors. Instead, they became involved out of a concern with the
advancement of human rights and social justice, regardless of their own sector of involvement or own
identification as heterosexual or as LGBTI. This shared concern with social justice proved instrumental in
creating and sustaining a common focus in the mobilisation around the trial. Participants referred to such a
common focus when commenting on their motivation for becoming involved in the trial:
Because I believe in justice (SS01).
I believe in social justice and defending the rule of law (SS23).
I was concerned about the crippled justice system we have (SC01).
35
Coming together in democracy to bring justice in our country (KI02, Sonke Gender Justice).
I want to make change in my community (SS20).
"It made me want to fight for justice even more": Rising above injustice
As discussed earlier in this chapter, participants described the emotional impact of the trial as harrowing,
painful and filled with frustration. However, instead of allowing this to discourage their activism,
participants commented on using these painful experiences to motivate them to further action. They
described how they used the anger, frustration and hurt they experienced when faced with the trauma of
Zoliswa's death and the inefficiency of the justice system to inspire them to continue fighting for justice:
It made me want to fight for justice even more. It made me realise that without the presence of
organisations to push the system justice would never be served (SS06).
Eish, sometimes I want to give up, don’t want to go to court again but it makes me a strong leader
today, a better person (SS11).
It actually made me stronger, gave me a reason to go to court; pickets and every protest that
involves the LGBTI community (SS06).
[The emotional toll of the trial] really disturbed me and as an activist I wanted to be more involved
in case than before (SS01).
I deal with it by running and becoming a stronger activist (SS15).
It brought so many doubts on my activism whether to continue or just drop out, but I stood on my
activism and I told myself not to give up easily (SC05).
This ability to reframe their negative experiences in order to fuel their activism can be regarded as a source
of resilience for activists. While exposure to traumatic events and the frustrations of the criminal justice
system might be assumed to cause withdrawal and psychological difficulties for activists, it appears that
participants instead drew courage and strength from these experiences. Staub and Vollhardt (2008) note
that a number of factors can help those exposed to trauma and injustice transform their negative
experiences into intensified efforts to fight injustice. These include the availability of social support,
emphasised by participants when describing how emotional pain, especially for lesbians but also voiced by
participants who did not identify as LGBTI, was mitigated by the activism and solidarity from other
36
organisations. Participants described how the frustration they experienced during the trial was lessened
when they saw other activists also fighting for justice:
By being present at court all the time gave me a lot of strength because I saw everyone protesting
and wanting justice do for Zoliswa (SC04).
The mobilisation of the trial created a good friendship amongst Free Gender, TAC, Justice System,
Media and SJC (KI15, Free Gender)
[I dealt with the emotional impact] by always talking about it and seeing that there are many
supporters (SS22).
Participants emphasised the importance of informal and formal resources, such as psychological support
and debriefing sessions, to assist them in managing the emotional impact of their involvement in the trial:
By examining with community organisation, faith based organisations and to attend the debriefing
session organised by TAC and similar rape survivors (SS08).
We all had to go talk to other people and went for counselling sessions because I was stressing a lot
(SS26).
On our weekly meetings I always share or speak to my friends (SS02).
Further to this, the very act of being involved in activism and making an impact can decrease feelings of
helplessness and assist in the wellbeing of activists (Staub & Vollhardt, 2008).
"It gave me hope": Drawing inspiration from media impact
Participants described how seeing media coverage of the trial also mitigated the negative emotional impact
of their involvement in mobilisation. Participants were inspired to continue in their activism when they
became aware of media coverage of the trial, especially so as it lent a sense of legitimacy to their cause.
Seeing their efforts recognised through national and international media attention provided participants
with a sense of achievement:
[The media made me feel] that this organisation that I joined is real and is fighting for our right and
that made me feel so strong in going forward (SS23).
37
It boosted us even more knowing that our stories would be heard nationwide and raised more
awareness (SS26).
We mobilised the government, community and different people from around the country, and the
world as a whole (SC06).
This recognition was described as re-energising participants, particularly at points where the frustrations
inherent to the trial left them feeling as if they were not making an impact:
Media give me hope every day because we read paper or listen to Zibonele radio (a local radio
station) they talk about the case so I can go again to fight (SS14).
The media brought courage to my activism and they made me realise that we were not alone as
activists to this fight for justice, the media was so helpful (SC05).
Coordination and communication
While an earlier theme commented on the breakdown in communication among different organisations,
participants generally described the relationships between partner organisations as successful. Participants
often referred to the role of the task team in effectively coordinating the NGO response:
Because of the task team it was easy to communicate with our organisation (SS08).
We treasure and embrace partnership that is why we were working with Free Gender during the
case of Zoliswa’s murder. As an organisation we were playing a supportive role with Free Gender to
ensure that the justice is served for Zoliswa and her family (KI02, Sonke Gender Justice).
Partnering as an organisation brings good results (KI02, Sonke Gender Justice).
Participants defined the communication among organisations as a sense of "speak[ing] the same language"
(SS01) and as allowing a space for organisations that are usually marginalised in public discourses to be
heard:
The communication was good; we have a voice for those few hours (SS26).
Critical to ensuring effective and continuous communication, was employing not only traditional media but
also social media to disseminate information about the trial and assist in mobilisation:
38
We were mobilising through Facebook, texting messages, Mxit and email to update people about
the court cases (SC05).
We used Facebook, pamphlets, Mxit and our blog, and by talking about the case where we live and
where we go (SC06).
Having events, Facebook and our blog (SS03).
The networking around the trial enabled activists from different organisations with the same vision of
justice to get to know each other, and in particular learn about LGBTI issues:
What I have experienced during the trial was something that will always be in me, I grew to love,
accept and to understand how gay/ lesbians people live and that they never chose their sexuality
(KI07, Social Justice Coalition).
An aspect emphasised in participants' accounts is the importance of sharing resources among
organisations. While the task team planned logistical matters, they needed funds and other resources
supplied by the participating organisations. Free Gender acknowledged their reliance on the other
organisations for financial support, especially the Treatment Action Campaign:
We were the only organisation without funding, we relied too much on other organisations in terms
of transport and food, so we interacted all the time (SC02).
TAC was generous on providing their resources (KI15, Free Gender).
The duration of the case also impacted on their resources for other activities, as a Free Gender member
observed:
Delay of the case itself [was a challenge] because it costs to mobilise people and travelling to court
– we were running out of resources as an organisation (SS02).
Members of the Treatment Action Campaign described their strategic focus in using funds and other
resources to mobilise people to attend protests at the court:
TAC branches which had risen to 17 branches were our focal point – on average, each branch could
organise approximately 2 taxis (30 people) if required, depending on budget (SC15).
We gave out food during court cases, transporting people and of course making sure that justice be
served (KI01, TAC).
Having presented the findings of the interviews with community activists and key informants from human
rights organisations, the following chapter provides recommendations based on these findings.
39
CHAPTER FIVE
Recommendations
A sense of common purpose underpinned the activists’ mobilisation around the trial of Zoliswa Nkonyana’s
murderers. The outcomes showed that it was highly successful and that much can be taken from the way
the activists mobilised to challenge the justice system. Below is a summary of the recommendations based
on the findings of this report. These findings and recommendations will be integrated with those of a
subsequent report to arrive at a best practice model for activist engagement in LGBTI hate crimes.
Successful networking
As an initial step in mobilisation, it is valuable to conduct a stakeholder mapping exercise to identify human
rights organisations with a shared focus on social justice and form a joint network of response.

Develop a strategic plan for mobilisation.

Appoint a task team to coordinate the efforts of network in the campaign.

Have on-going mobilisation efforts to mobilise community members.

Have designated representatives to speak on behalf of the network.

Have education sessions to empower each other with knowledge regarding relevant issues, e.g.
LGBTI genders and sexualities.

Have education sessions to capacitate the involved activists on issues relevant to the campaign, e.g.
effective media engagement or legal issues.

Develop a media strategy to publicise the campaign.
Logistical support
Logistical support, provided by organisations with access to funding, increases the reach and impact of the
campaign.

Develop a budget for mobilisation campaigns. This would include transport and refreshments,
communications as well as publicity materials.

Set up effective and wide-ranging communication systems to reach all the group members,
including using the available and popular social media.

Involve the mass media from an early stage to publicise the campaign, especially local radio and
press.

Develop publicity materials such as T-shirts, caps, pamphlets, posters, placards and banners to
amplify the campaign message.
40
Wellbeing of activists
Involvement in advocacy around LGBTI hate crimes and gender-based violence takes an emotional toll on
activists and adequate support is critical.

Ensure the availability of formal psychological counselling and debriefing.

Create opportunities for informal support through regular group meetings and peer support groups
where experiences can be shared.

Increase opportunities for shared decision-making among activists, to mitigate frustration and
increase a sense of self-efficacy in the face of the inefficiencies of the criminal justice system.

Implement strategies to ensure the physical safety of activists, particularly those who might be
subjected to increased risk due to their LGBTI identities.

Use effective media engagement to motivate activists and lend broader legitimacy to activism.
41
REFERENCES
Actionaid. (n.d.). Hate crimes: The rise of ‘corrective’ rape in South Africa. Retrieved April 22, 2011,
from http://www.actionaid.org.uk/doc_lib/correctiveraperep_final.pdf
Anyamele, C., Lwabaayi, R., Nguyen, T., & Binswanger, H. (2005). Sexual minorities, violence and AIDS
in
Africa
(Africa
Region
Working
Paper
Series
No.
84,
1-35).
Retrieved
from
http://www.worldbank.org/afr/wps/wp84.pdf
Bieneck, S., & Krahe, B. (2011). Blaming the victim and exonerating the perpetrator in cases of rape
and robbery: Is there a double standard? Journal of Interpersonal Violence, 26(9), 1785-1797.
Braun, V., & Clarke, V. (2006). Using thematic analysis in psychology. Qualitative Research in
Psychology, 3, 77–101.
Bradbury, H., & Reason, P. (2003). Action research: An opportunity for revitalising research purpose
and practices. Qualitative Social Work, 2, 155-175.
Braun, V., & Clarke, V. (2006). Using thematic analysis in psychology. Qualitative Research in
Psychology, 3, 77–101.
Britton, H. (2006). Organising against gender violence in South Africa. Journal of Southern African
Studies, 32(1), 145-163.
Cornwall, A., & Jewkes, R. (1995). What is participatory research? Social Science & Medicine, 41(12),
1667-1676.
Currier, A. (2011). Representing gender and sexual dissidence in Southern Africa. Qualitative Sociology,
34, 463-481.
De Vos, P., & Barnard, J. (2007). Same-sex marriage, civil unions and domestic partnerships in South
Africa: critical reflections on an ongoing saga. South African Law Journal, 124(4), 795-826.
Dosekun, S. (2007). "We live in fear; we feel very unsafe": Imagining and fearing rape in South Africa.
Agenda, 74, 56-69.
Henderson, J., Cloete, A., & Van Zyl, M. (2011). "We women are women with a different manner":
Sexual health of WSW in four Western Cape communities. Cape Town: Triangle Project.
Heron, J., & Reason, P. (1997). A participatory inquiry paradigm. Qualitative Inquiry, 3(3), 274-294.
Hesse, A. R. (2002). Secondary trauma: How working with trauma survivors affects therapists. Clinical
Social Work Journal, 30(3), 293-309.
Hirschowitz, R., Worku, S., & Orkin, M. (2000). Quantitative research findings on rape in South Africa.
Pretoria: StatsSA.
Human Rights Watch. (2011). "We’ll show you you’re a woman": Violence and discrimination against
black lesbians and transgender men in South Africa. New York: Human Rights Watch.
42
Isaack, W. (2003). Equal in word of law: The rights of lesbian and gay people in South Africa. Human
Rights, 30(3), 19-23.
Kalichman, S., Simbaye, L., Kaufman, M., Cain, D., Cherry, C., Jooste, C., & Mathiti, V. (2005). Gender
attitudes, sexual violence, and HIV/AIDS risks among men and women in Cape Town, South Africa.
The Journal of Sex Research, 42(4), 299-305.
Logan, T., Evans, L., Stevenson, E., & Jordan, C. E. (2005). Barriers to services for rural and urban
survivors of rape. Journal of Interpersonal Violence, 20(5), 591-616.
Mathews, S., Jewkes, R., & Abrahams, N. (2011). "I had a hard life": Exploring childhood adversity in
the shaping of masculinities of men who killed an intimate partner in South Africa. British Journal
of Criminology, 51(6), 960-977.
Maiter, S., Joseph, A. J., Shan, N., & Saeid, A. (2013). Doing participatory qualitative research:
development of a shared critical consciousness with racial minority research advisory group
members. Qualitative Research 13(2), 198-213.
Mkhize, N., Bennett, J., Reddy, V., & Moletsane, R. (2010). The country we want to live in: Hate crimes
and homophobia in the lives of black lesbian South Africans. Cape Town: HSRC Press.
Morrell, R., Jewkes, R., & Lindegger, G. (2012). Hegemonic masculinity/masculinities in South Africa.
Men and Masculinities, 15(1), 11-30.
Msibi, T. (2011). The lies we have been told: On (homo)sexuality in Africa. Africa Today, 58, 54-77.
Muholi, Z. (2004). Thinking through lesbian rape. Agenda, 61, 116-125.
Nel, J. A., & Judge, M. (2008). Exploring homophobic victimisation in Gauteng, South Africa: Issues,
impacts and responses. Acta Criminologica, 21(3), 19-36.
Nel, J. (2013). LGBT people in South Africa disproportionately affected by hate crimes. Retrieved 18
April 2013 from http://www.mambaonline.co.za/article.asp?artid=7892
Phillips, O. (2009). Blackmail in Zimbabwe: troubling narratives of sexuality and human rights. The
International Journal of Human Rights, 13(2-3), 345-364.
Rich, E. (2006). Levels of empowerment among LGBT people in the Western Cape, South Africa.
Retrieved April 22, 2011, from http://www.health24.com/images/pdf/chapter1.pdf
Van Zyl, M. (2011). Are same-sex marriages unAfrican? Same-sex relationships and belonging in postapartheid South Africa. Journal of Social Issues, 67(2), 335-357.
43
APPENDIX A: TIMELINE OF THE ZOLISWA NKONYANA TRIAL
44
APPENDIX B: INTERVIEW GUIDE
Interviewer’s name: ..........................................................................................................
Date: ..................................................................................................................................
Section A – Personal Details
Icandelo A – Iinkcukacha zakho
I’D LIKE TO ASK YOU SOME PERSONAL DETAILS. I WON’T WRITE DOWN YOUR
NAME ANYWHERE IF YOU DON’T WANT ME TO.
NDICELA UKUBUZA NGEENKCUKACHA ZAKHO, UKUBA IGAMA LAKHO AWUFUNI
LIBHALWE ALIZUKUBHALWA.
1. Name/ Pseudonym?
Igama/ Igama olithandayo?
..........................................................................................................................................
2. How old are you?
Mingaphi iminyaka yakho?
..........................................................................................................................................
3. Where do you live?
Uhlala phi?
..........................................................................................................................................
Please tell me how would you identify yourself to someone you trust.
Ungazichaza kanjani kumntu omthembileyo ngobuni bakho.
I am a … .............................................................................................................................
Mna ndi ............................................................................................................................
4. Are you a member of any organisation(s)? Please explain.
Ulilungu lowuphi umbutho(imibutho)? Cacisa.
..........................................................................................................................................
..........................................................................................................................................
45
5. How long have you been a member?
Lixesha elingakanani ulilungu lalombutho?
..........................................................................................................................................
6. Why did you join?
Yontoni ekwenze ukuba ubelilungu lalombutho?
..........................................................................................................................................
7. If you’ve left any organisation, why did you leave?
Ukuba ukhona umbutho owaphuma kuwo, chaza ukuba waphumela ntoni?
..........................................................................................................................................
Section B – The trial of Zoliswa Nkonyana’s murder
Icandelo B – Ityala lokubulawa kukaZoliswa Nkonyana
NOW I’D LIKE US TO TALK A BIT ABOUT THE TRIAL OF ZOLISWA’S MURDER
NDINGATHANDA UKUBA SITHETHE KANCINCI NGELITYALA LOKUBUWA
KUKAZOLISWA
8. How did you come to know of the case of Zoliswa Nkonyana’s murder?
Uye wazi njani ngetyala lokubulawa kukaZoliswa Nkonyana?
..........................................................................................................................................
..........................................................................................................................................
9. Can you tell me about your involvement with the case.
(When? How? Why?)
Ndixelele ngokuzibandakanya kwakho kwelityala?
(Nini? Njani? kwakutheni?)
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
10. How do you think the justice system handled the case?
Ucinga ukuba ingalo yomthetho yaliphatha njani elityala?
46
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
11. Is there anything in particular about how the justice system handled the case
that stands out for you? (Please explain.)
Ingaba ikhona enye into owayiqaphelayo ngendlela ingalo yomthetho
yayiphethe ngayo elityala?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
12. How did the case affect you emotionally?
Elityala lakuphatha njani emphefumlweni/emoyeni wakho?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
13. How did you deal with it?
Wamelana nayo njani?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
14. What impact did it [the emotional stuff you experienced] have on your
activism?
Leliphi igalelo elibenayo kubuqabane bakho?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
47
15. What do you think about how the media represented this case?
Ucinga ntoni ngendima edlalwe ngabachola-choli bendaba kwelityala?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
16. What impact did the media have on your activism?
Leliphi igalelo elenziwe ngabachola-choli bendaba kubuqabane bakho?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
Section C – Organisational mobilisation
Icandelo C – Uququzelelo lwemibutho
CAN WE NOW DISCUSS THE ORGANISATIONS INVOLVED IN THE CASE?
NDICELA SIXOXE NGALEMIBUTHO IBIZIBANDAKANYE KWELITYALA?
17. When did your organisation get involved in the case?
Umbutho wakho uzibandakanye nini kwelityala?
..........................................................................................................................................
18. Why did your organisation get involved in this case?
Yintoni ebangela umbutho wakho azibandakanye kewlityala?
..........................................................................................................................................
..........................................................................................................................................
19. How did you mobilise?
Wawuqokelela njani?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
48
20. Who did you mobilise?
Wawuqokelela bani?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
21. To what extent did mobilising in the case affect other activities in your
organisation?
Elityala liniphazamise kanjani kwizinto ebenizenza kumbutho wenu xa
kwakuqokelelwa abantu?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
22. What was your interaction with other organisations?
Ubusebenzisana njani neminye imibutho?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
23. How was the communication between the organisations?
Lwalunjani unxibelelwano phakathi kwemibutho?
..........................................................................................................................................
..........................................................................................................................................
24. What did you think of the involvement of political organisations?
Ucinga ntoni ngokuzibandakanya kwemibutho yezopolitiko?
..........................................................................................................................................
..........................................................................................................................................
49
25. Were there any challenges working with other organisations?
Ingaba ayekhona na amagingx-gingxi ekusebenzeni neminye imibutho?
..........................................................................................................................................
..........................................................................................................................................
26. Is there anything else you want to say about the mobilisation in this case?
Ingaba ikhona na enye into ofuna ukuyithetha ngoququzelelo lweli tyala?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
Section D – Community involvement
Icandelo D – Ukuzibandakanya kwabahlali
WHAT ABOUT THE INVOLVEMENT OF YOUR COMMUNITY IN THE TRIAL?
UKUBONE NJANI UKUBANDAKANYEKA KWABAHLALI KWELITYALA?
27. Who would you say is part of your ‘community’?
Ngubani onokuthi yinxalenye yabantu ohlangana nabo?
..........................................................................................................................................
..........................................................................................................................................
28. What was being done to raise awareness in communities about the case?
Yintoni eyenziwayo ukuze abahlali bazi ngelityala?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
29. What was the response of those communities?
Ngawaphi amanyathelo abawathathayo abahlali?
50
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
30. What role do you think the media played in raising awareness about this case
in communities?
Yeyiphi indima edlalwe ngabaqokeleli beendaba ekufundiseni abantu
ngelityala ekuhlaleni?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
Section E – Looking to the future
Icandelo E – Sijonge Ikamva
NOW WE’D LIKE TO LOOK AT WHAT WE’VE LEARNT FROM THIS EXPERIENCE.
NGOKU MASIJONGE UKUBA SIFUNDE NTONI NGALAMAVA ESIWAFUMENEYO.
31. What can be done to reach more activists to become involved in court cases?
Yintoni engenziwa ukuze kuphumelele amaqabane amaninzi aye ematyaleni?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
32. What can be done to monitor the police investigation?
Zeziphi izixhobo ezinokusetyenziswa ukuhlola uphando lwamapolisa?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
33. What can be done to monitor the prosecution?
Zeziphi izixhobo ezinokusetyenziswa ukuhlola ukutshutshisa?
51
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
34. What can activists do to sensitise the police to lgbti issues?
Yintoni enokwenziwa ngamaqabane ukufundisa amapolisa aziqonde iimeko
zeLGBTI?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
35. What can activists do to sensitise prosecutors to lgbti issues?
Yintoni enokwenziwa ngamaqabane ukufundisa abatshutshisi ukuze bayiqonde
imeko yamatyala eLGBTI?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
36. What role can activists play to support: family members; survivors; witnesses
of these hate crimes?
Yeyiphi inxaxheba enokuthathwa ngamaqabane ekuxhaseni ama lungu
osapho, abaphumeleli, namangqina amatyala entiyo?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
37. What can LGBTI organisations do to raise awareness of other organisations
about LGBTI issues?
52
Zeziphi izinto ekumele zenziwe yimibutho yeLGBTI ukuphuhlusisa uluwazi
kweminye imibutho ngemiba yeLGBTI?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
38. What more can we do to raise awareness of hate crimes against the LGBTI
community?
Yintoni enye enokwenziwa ukwazisa ngamatyala entiyo angqamene
nemibutho yeLGBTI?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
39. What can be done to support the safety of the LGBTI community in our
townships?
Yeyiphi inkxaso esinokuyinika uluntu lweLGBTI ukuze lukhuseleke ekuhlaleni?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
WE’VE NOW COME TO THE END OF OUR QUESTIONNAIRE.
SIFIKELELE ESIPHELWENI SEMIBUZO BUCIKO YETHU.
40. Is there anything you’d like to add or say?
Ingaba ikhona na enye into ofuna ukuyongeza okanye ukuyithetha?
..........................................................................................................................................
..........................................................................................................................................
..........................................................................................................................................
53