28/01/2025
This is a last minute reminder to all those who can support our sister Lukhanye Lhoza LK , who is a survivor and an employee in the Premiers Office. She was r***d by Xolisani Nombombi on video. On that he and his accomplice whom he is till today refused to name. They even took the jewelry she was wearing that day, including her wig.
The case sits tomorrow 28 Jan 2025 at Mdantsane Court. If you are in and around East London, let's support our sister.
On November 24, 2019, Xolisani Nombombi and an accomplice premeditated and executed a heinous robbery and r**e of Ms. Lukhanye Somthunzi Sikukula. Despite initial arrest in December 2019, Nombombi was released due to delayed DNA results. In January 2023, positive DNA results led to his re-arrest, yet he continues to obstruct justice by withholding information about his accomplice (Mdantsane Cas 274/11/2019)
Nombombi's repeated attempts to evade accountability have perpetrated further trauma on the victim and community. In November 2023, he failed to appear in court and fled, prompting a warrant for his arrest. Astonishingly, upon his August 2024 re-arrest, he was granted bail.
At the Mdantsane Magistrate Court on October 25, 2024, Nombombi appeared, unremorseful and free, exemplifying the justice system's failure to prioritize victim safety and community protection. This decision disregards the severe impact of r**e, a Schedule 6 crime, and contravenes Section 60(11)(a) of the Criminal Procedure Act.
Given Nombombi's history of flight risk and overwhelming DNA evidence, his release was unjustifiable. We demand:
1. Expedited sentencing to prevent further victim trauma.
2. Inclusion of accomplice's sentencing, considering Nombombi's refusal to cooperate
3. That investigators use whatever means allowed by the law to force Xolisani to name his accomplice
The justice system must recognize the devastating consequences of r**e and ensure perpetrators face consequences, rather than re-traumatizing survivors.
Given the seriousness of the alleged offense and the positive DNA match, Xolisani Nombombi's release on bail is particularly concerning. Section 60(11)(a) stipulates that in cases involving Schedule 6 offenses, such as r**e, the court must ensure the accused's detention until legal proceedings are concluded, unless exceptional circumstances warrant release.
Nombombi's history of evading court and fleeing undermines any claim of exceptional circumstances, making his release on bail unjustifiable
*Re-Victimization Consequences:*
The lenient treatment of perpetrators re-traumatizes survivors, undermining trust in the justice system and perpetuating cycles of violence.
Below is the account of how she felt in court facing the perpetrator once more, who has been out on bail since the previous court case sitting.
"As I walked into court and sat at the back on 25 October 2024, after putting my phone on silent I looked around. To my surprise, right in the seat infront of me, literally arms length away is the ra**st who violated my body and soul.
I sit in stunned silence, my heart racing, eyes itching, a scream wants to come out but I keep telling myself 'you are stronger than that, you are not weak, keep your composure. My head spins, I battle to breathe, my son notices my trembling and distracts me. Memories, once locked away, flood back, haunting me. My impulse wants to pounce on him a battle ensues inside me.
The courtroom, a supposed sanctuary of justice, has become a torture chamber. I'm trapped, reliving the nightmare, as the perpetrator's gaze pierces through me like a dagger, then he looks down and giggles. I must be seeing things!
The justice system, designed to protect and serve, has failed me. Failed every victim who's ever suffered at the hands of a predator. By granting my ra**st bail despite evidence, the court has unleashed a terror upon me, the society in which he lives by forcing us to be in the same space as him without consequence. His freedom is my imprisonment.
What is equally devastating is being paraded infront of my abuser. Appointed to champion my rights, I am left more anxious due to lack of objection to the perpetrator's bail application and inadequate preparation for court proceedings.
The the NPA's Policy Framework on Victim Support, The guidelines and the Criminal Procedure Act 51 of 1977 which emphasize victim protection have been grossly disregarded.
The justice system's failure to uphold these principles has betrayed my trust. I'm not alone; countless survivors suffer similar neglect.This update is also A Plea for Change. I am not ok tuuu 😭"
For any clarity and more information, please feel free to contact me anytime.
