Held on the 11 August 2017 at Maboneng Precinct Velvet Lounge

 

Judgement of the matter was presented on the 18^th day of August 2017 within the Johannesburg High Court. The court heard oral evidence from witnesses and found that the statements made by John Qwelane amounted to hate speech, that they were hurtful and harmful in terms of the Equality Act. The court ordered that; complaint by Human Rights Commission succeeds with costs, that Qwelane is to apologize unconditionally to the LGBTI Community within 30 days and that Constitutional challenge made by him were dismissed with costs.   

 

 

 

Trial commenced on the 31st of July 2017 in Johannesburg High Court. Themba is charged with Murder, obstructing and defeating the ends of justice, violation of a corpse and possession of unlicensed firearm. He pleaded guilty on one count which is a violation of a corpse, the state did not accept his statement due to the fact that it was not in accordance with the facts to be proved by the state, however brought an application for the statement to be accepted as admission. He pleaded not guilty on other counts.

Siyabonga Lituka testified on behalf of the state as to what happened when he last saw Zestah. During cross examination the defence was trying to dispute the element of intention because it was the accused version that they had a fight with the deceased when they arrived at their place of residence and as a result of his anger he could not remember what happened and how he ended up chocking the deceased.

Zestah’s Sentence

Sentencing could not procced pending the probation officers report, case remanded to the 18^th of October 2017 for Sentence.