Justice

Injustices Endured: A perpetual emotional wound!

Lindiwe Ntombini Zwane bears an emotional wound that seems to bleed endlessly, a consequence of the injustices she has endured.

Can you describe how the tragic loss of your loved one has affected your family?

On July 22, 2020, my world was shattered when my 17-year-old son, Nhlanhla, became a victim of a speeding motorist in a 60 km/h zone who was driving at 70 km/h. Nhlanhla was visiting my parents in Vereeniging at the time, and had simply been sent to the shop to buy airtime and bread. As the moments stretched on without his return, my mother’s anxiety grew until they decided to search the entire neighbourhood. It was a harrowing journey until we finally discovered him in Sebokeng Hospital, where he lay with severe head injuries that tragically claimed his life.

Have you encountered any challenges in seeking justice?

Witnesses informed me that they believed the incident constituted culpable homicide. However, the attending traffic officer dismissed this assessment and labelled it as a standard accident. Shockingly, he neglected to request the driver’s license from the motorist and failed to conduct alcohol tests. The case was later officially registered after two days at Vereeniging police station, and even then, the police officer declared that he would not be arrested.

I conducted investigations by myself. I was directed to an eyewitness who shared a video of the incident with me. This witness not only called the ambulance but also stayed with my son until paramedics arrived. After obtaining the video, I continued to gather information within the community, eventually tracing Piet’s employer who provided me with Piet’s contact details. I called him and all he could say was, ‘I am sorry, there is nothing I can do’ and he hung up. Instead of the support, the police officer accused me of threatening Piet?

I insisted that the police officers conduct a post-mortem examination, which they eventually did. However, when I requested details of my son’s post-mortem report, the police officer refused, stating that it could only be shared with my lawyer. Sis’ Mantoa I am extremely impoverished, let alone affording a lawyer? As a mother, I believe I deserve to be provided with the post-mortem report.

They changed the investigation officer with the help of a political party that was assisting us. I have asked for the copy of the docket that carried hospital information for my son. The police officer told me that in this matter no one will be arrested because it was an accident. We had two eye witnesses but yet our case was closed on 25 July 2021. They claimed that there was no evidence. “No justice or mercy has been shown towards the death of my son.

Are there any specific changes or initiatives you would like to see implemented to address lack of justice?

I feel that South African law is failing me because I am poor and justice is only reserved for the wealthy. As a parent, I am hurt because the evidence was that my son, Nhlanhla, had been hit by a speeding motorist and died. What more was needed if the death of my son was not adequate evidence? I did not have an opportunity to meet with the alleged reckless motorist to give a closure on the fatal death of my son. Sis’ Mantoa, my question to the justice system is that – if it wasn’t the speeding motorist, then what or who caused those fatal head injuries to Nhlanhla?

Any government support institutions/NPO?

AbafaziPhambili submitted the story to the one of the publication on the 25th of August 2021 and it was published on the 26th of August 2021. AbafaziPhambili further inquired with a crime activist whether this case may be reinstated. Unfortunately, we were told that it is not winnable as the State does not prosecute culpable homicide of that nature. AbafaziPhambili was advised to assist her to claim compensation for burial with the government institution responsible for the road accident.

  • Case number 281/07/2020
  • Police station: Vereeniging
  • Date of accident: 25 July 2020

Recommendation

Sis’Mantoa referred Ntombini Zwane to Women of Hope SA for spiritual healing.

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