Case against Parkwood mob justice suspects postponed

By Tauhierah Salie

Dunoon residents protested outside the Wynberg Magistrate court on Monday afternoon, where suspects arrested for the mob murder of local, Abongile Malefala, appeared on several charges.

Meanwhile, Cape Town responded with mixed reactions to the emotional scenes which played out in Parkwood on Sunday.  Residents held an inter-religious vigil and prayed for forgiveness after brutally murdering the innocent Uber driver over kidnapping allegations. While some have welcomed the open repentance, others say it’s too little too late.

Residents had gathered at the scene, off the M5 at the entrance of Parkwood, where the 31-year-old was beaten to death and set alight alongside his car last week. Dozens of residents partook in the violence, including youth.

Read more about the incident here.

The attack sparked a flurry of opposing discussions on social media. Some justified the vicious attack by pointing to serious concerns for the safety of children on the Cape Flats, alongside an absence of justice metered out by police and the courts. Heartbroken commentators rejected this notion, stating that nothing vindicates taking the law into one’s own hands- especially if guilt has not been proven.

Speaking to VOC on Monday, Clinical Psychologist at Kenilworth’s Akeso, Mark De La Ray, explained that the perceived rise in mob justice or vigilantism stems from insecurity.

“In mob situations – there are some parallels with bullying. There’s this individuation where you sort of lose your identity and have anonymity being part of such a big group. Then, emotions you’ve built up- things you are angry, frightened about- you can start venting those in an anonymous way (with) being swept up by the group,” explained De la Ray.

“It also makes it feel as if the responsibility is spread across more people. People who were perhaps not likely to engage in something like this individually, feel more involved when there’s a big crowd or a big noise going on.”

He said it gets more complicated when people feel there’s some sort of justice that needs to be done:

“This is where the problem comes in for people a lot of the time in a very short space of time. They feel like, because their safety is not being looked after by the state and police, that there’s (a) moral component. They look at it ‘well, if nobody is going to protect my environment and my children etc’ and (then) get caught up.  A better way of putting it is almost a momentary lapse of reason,” elaborated the psychologist.

Crime expert, Simon Howell, also pointed to the growing dangers of sharing unverified information:

“It’s indicative of a concern that’s (been) in South Africa for a while now around the use of social media as a legitimate news source and people taking action based on unfounded facts or rumours circulated on social media platforms. There was no real evidence that what he was being accused of was actually real and, ultimately, he lost his life based on that supposed evidence,” said Howell.

Howell admitted that communities are hostile as a result of their daily realities, which he feels the courts would also take into account.

“I realize people are frustrated at which the speed of law and criminal justice system operates, but that is not a justification for taking the law into your own hands. People do live in fear and there is a high level of anxiety and concern about the high levels of crime that exists in many areas in the country,” said the expert.

According to Howell, a breakdown in the relationship between the state and citizens is of greater concern:

“- the breakdown of relationship with police (and) various entities that could take action against a criminal (is concerning). In this instance, it shows why being innocent until proven guilty needs to be upheld. Crime has reached endemic proportions and its not to point fingers- I think society as a whole is to blame, because there’s been a breakdown of (relationships),” pressed Howell.

De La Ray also noted that communities need to communicate better:

“A big part of this is not knowing the ‘other’- being afraid of the ‘other’. There is a lot of language that goes along with that. Unfortunately, some of our political groups are talking about things were they’re isolating communities- be they foreigners, locals, minorities. That is actually critically where we need to get to,” he said.

The criminologist echoed the sentiment that a holistic plan is needed as the police and courts are failing.

“Something needs to happen at a broader level that engages systematically- on why people feel the need to do this and are doing it in the first place. South Africa seems to be at war with itself with the number of people that are dying by murder, and the number of people experiencing Gender Based Violence, domestic violence (etc). These types of war crimes can be expected,” said Howell.

Apart from heeding public calls for ‘more stringent sentencing’, Howell said focus must also be placed on correctional facilities:

“What needs to be added to that is the more reliable sentencing of individuals, so when the criminal justice system engages with individuals it’s a fair process- both finding guilt and finding innocence- but also fair in terms of convictions and sentencing. We need places to put people if we continue to use this model- that speaks to the need for better prisons and a more effective rehabilitation process,” he concluded.

Despite police presenting a figure of nine suspects, only five appeared in court on Monday. Outside, protestors demanded justice for the slain e-haling driver and expressed concern over racism.

Western Cape National Prosecuting Authority (NPA), Eric Ntabazalila, said that the case has been postponed to obtain bail information and provide legal representation. A sixth accused has reportedly opted to become a state witness.

“Five accused persons appeared at the Wynberg Magistrate’s Court this morning. Nathan Leeman, Yuven Nawat, Bradley Murphy, Carlton Williams and Ashwin Tifflon appeared at the court charged with murder, robbery with aggravating circumstances and malicious damage to property.”

The suspects, reportedly between the ages of 20 and 36, are due to reappear next Monday, 13 June 2022.

Listen to the full audio here.

VOC

Picture of Tauhierah Salie
Tauhierah Salie

VOC became the first Muslim radio station in South Africa when a special events license was granted to the station in Ramadan/January 1995. Subsequent temporary broadcast licenses were granted, permitting the station to broadcast for 24 hours.

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