Cape Town - “For us, nothing has been the same ever since. We will only have peace in our hearts when the people who killed her are found.”
These were the words of Lonwabo Mafevuka, whose sister Sinoxolo was raped and strangled, her body found slumped over a leaking toilet in Khayelitsha in 2016 just a few meters from her home.
The family of 19-year-old Mafevuka say they are still waiting for police to arrest the people who took her life, seven years after her death.
When Mafevuka’s naked body was discovered by a young boy on his way to school in Khayelitsha Town Two in March, 2016, a post-mortem report indicated that she died of manual strangulation.
Cousins Xolisa Mafilika and Athabile Mafilika were arrested following her death but were freed after the Western Cape High Court in 2017 found them not guilty of rape and murder.
Despite their arrest, their fingerprints and DNA were not found on Mafevuka’s body or clothes.
Western Cape High Court Judge Taswell Papier at the time criticised investigating officer Cornelius van Niekerk, who had “failed to file his notes after interviewing the accused” and “could not remember where he placed his notebook”.
He reportedly did not remember reading the accused their rights.
Lonwabo Mafevuka told the Cape Times this week that no further interventions were made by the police after the two men were acquitted.
“We are still waiting to hear what the police did to solve the case. We have never heard from the investigating officer. The last time we spoke to him was in 2017. I did go to Harare police station again recently.
Because they also have her clothes and cellphone. I wanted to find out what came out of that investigation. We hoped they could check who she last spoke to on the phone on that day. Even with that we were not assisted,” he said.
Lonwabo Mafevuka said they were also told the investigating officer on the case had moved to another police station.
“That is all we know. They told me he is the only one who can assist us with information.”
He said that their lives were forever changed following his sister's death. “For us, nothing has ever been the same ever since.
“As a family, we will only have peace in our hearts when the people who killed her are found. We have this wound that cannot heal. I have also since moved from Khayelitsha after the incident. I couldn’t bear to remain in the area.
“My mother is also in Hermanus. It is heartbreaking that my sister died and that people who took her life are walking free,“ he said.
Police spokesperson Malcolm Pojie said Mafevuka’s case was finalised and archived.
“We can confirm that the case was finalised already and archived. However, as new information arises, the docket will be re-allocated to detectives to pursue new information and to expend investigation. Initially the case was withdrawn based on a lack of evidence, hence the release of the then accused,” he said.
Pojie declined to comment on what action was taken after the accused were released.
“We are not at liberty to discuss or divulge information that forms part of the investigation to the general public through the media.
It is in the best interest of the family to please arrange for a meeting with the station commander so that clarity regarding the case can be shared and reach to the satisfaction of all parties involved,” he said.
Khayelitsha community activist Funeka Soldaat said the Mafevuka’s family has endured terrible pain.
“It's so sad that women continue to be killed by 'faceless' people.
“The two men who were arrested were released because there was no evidence that linked them to the crime.
We are told the investigating officer on the case was deployed somewhere else and is not in Harare anymore.
In 2021, there was another murder case of... a lesbian (woman). The man arrested in her case was also found not guilty because of lack of evidence,” Soldaat said.
Khayelitsha Development Forum (KDF) chairperson Ndithini Tyhido said they were saddened by reports that the case was “bungled” by the investigating officer.
“While have no evidence, the KDF calls on the police senior management in the district and province to please investigate the allegations.
“The KDF remains committed to working with the SAPS at all material times but wishes to emphasise its unwillingness to keep quiet when the community of Khayelitsha is under serviced,” he said.
Human rights activist Chumile Sali said Mafevuka’s story was yet another cold case in Khayelitsha.
“Sinoxolo's killing was just another body of a black woman murdered in a black township.
After the two accused were acquitted by the Western Cape High Court there were no further interventions. Saps, just like in many other cold cases in Khayelitsha, had no appetite to continue with the investigation.
“The detective on the case did not interview any potential witnesses. People residing next to the toilet where Sinoxolo's body was found, were not interviewed.
“(The) Investigation into the Sinoxolo case started two weeks after her death.
“We led advocacy on the case, it was only then that Saps started investigating the matter,” said Sali.
Cape Times