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Ci*i il Zackie Achmat

Press Release: Wednesday, 18 November 2009

deputydirector 18 November 2009 11:57 To: [email protected], Aretha Louw , Ashraf Grimwood , Bernedette Muthien , [email protected], [email protected], [email protected], [email protected], Cherith , Claire , [email protected], [email protected], Dean Peacock , Desmond Damons , Dianne Massawe , Dominic Kessell , [email protected], douglas newman , Emily Craven , [email protected], Eugene Fisher , fsoIdaat@webmail,co.za, [email protected], Gahsiena van der Schaff , Gary Rhoda , Ian Mc Mahon , [email protected], [email protected], Isaac Mangwana , [email protected], [email protected], [email protected], [email protected], [email protected], Kabedi Mpopote , Kaye Foskett , [email protected], branch , Latheem-Nair Gabriels , Laurie Gaum , [email protected], Linda-Gail Bekker , [email protected], [email protected], [email protected], [email protected], Midi Achmat , [email protected], [email protected], Nodi Murphy , Odidi Mfenyana , Patric Solomons , , Phumi Mtetwa , Pieter Oberholzer en Fanie Zondagh , Pressley Sutherland , [email protected], Robert Bayer , Rowan Smith , Sally Gross , [email protected], Sharon Farr , Susan Holland- Muter , [email protected], Thabi , Tshidi , [email protected], [email protected], Zackie Achmat , [email protected],za Cc: Vanessa Ludwig , Community , Community3 , Community2 , communications , research2 , research3 , Busisiwe Majiki , health , Health2 , admin

WC 070707 End Hate Alliance: Zoliswa Nkonyana Murder Trial

Press Release: Wednesday, 18 November 2009

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The commencement of the third "trial-within-a-trial" was postponed to Friday, 20 November 2009 in the Khayelitsha regional court due to the death the grandmother of one of the defense attorneys who had to attend the funeral in .

On Monday, 16 November, Magistrate Whatten ruled that despite the "takkies being obtained without a search warrant, a pair of blood-stained takkies would be entered into evidence." She reserved the right to explain her ruling at the end of the trial when judgement is handed down to the 9 accused of allegedly stabbing and beating 19year old Zoliswa Nkonyana to death in February 2006.

Three of the defense attorneys are now questioning the "admissibility of warning statements" taken by the investigating officers from the accused who were minors at the time of their arrest. They will be questioning two witnesses in this regard. The State Prosecutor, however, is prepared for this and has stated that "he will do everything in his power to have the statements admitted into evidence".

Triangle Project, together with the WC 070707 End Hate Alliance are concerned that the defense's strategy will lead to even more postponements and trials-within-a-trial as they seek "loopholes and technicalities"to weaken the State's case despite mounting evidence against the accused.

We call upon all stakeholders, alliance partners and activists to remain vigilant in monitoring the case to ensure that there is not a travesty of justice for the victim and survivor's family. The trial continues to take its emotional toll on the family as they are constantly reminded about the gruesome and violent attack that led to the death of Zoliswa.

We further call on the Department of Public Prosecution to remain committed to monitoring the legal processes and to prevent undue postponements.

The trial commences on Friday, 20 November for the trial-within-the-trial through to the 24th November. Triangle Project, together with partners in the WC 070707 End Hate Alliance, will continue to be visible at court, to ensure that justice prevails and to advocate for an end to heterosexist, homophobic violence and crimes of hate. A public protest will be coordinated on Tuesday, 24th November as part of the 16 Days of Activism commencing on the 25th November 2009.

The WC 070707 End Hate Alliance is part of the national 070707 Campaign and is coordinated by Triangle Project together with the following partner organizations:

The Commission for Gender Equality; AIDS Legal Network; Women's Legal Centre - ; Good Hope MCC; The Inner Circle; Gender DynamiX; Inclusive & Affirming Ministries; SWEAT; The WC Network Against Violence Against Women; Free Gender; The Treatment Action Campaign; Engender; Intersex SA; Individual activists and human rights defenders in the Western Cape.

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The alliance advocates for an end to all forms of violence, hatred, brutality and victimization against the LGBTI community. We further condemn all forms of violent sexual abuse and curative rape towards black and bisexual women.

For more information regarding the WC End Hate Campaign, please e-mail: [email protected]

CONTACT PERSON:

Marlow Valentine

Deputy Director: Triangle Project

Convenor: WC 070707 End Hate Alliance

[email protected] / [email protected]

021-4483812 / 0836685935

Marlow Valentine Deputy Director - Triangle Project Challenging Homophobia, Appreciating Sexual Diversity Physical Address: Unit 29 Waveriey Business Park, Dane Street, Mowbray 7700 Postal Address: PO Box 13935, Mowbray, 7705 Tel 021 4483812 Fax 021 4484089 Email [email protected] Website www.triangle.org.za

This e-mail is subject to a disclaimer, available at http://www.triangle.org.zs/disclaimer.html

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