NPA responds on the state of prosecutions from the 2008 xenophobic attacks

IT HAS been nine months since a wave of xenophobic attacks swept across the country leaving 62 people dead in its wake. To date less than a tenth of the more than 1400 people arrested for the horrific crimes are behind bars.Civil rights groups maintain that the National Prosecuting Authority is not making enough progress in the prosecution of the suspects.

NPA spokesman Tlali Tlali said that of the 469 xenophobia-related cases placed on court rolls in May last year, “a total of 128 persons have thus far been convicted”.He said 30 people had been found not guilty. Tlali could not confirm the fate of the remaining alleged perpetrators of crimes related to the xenophobic attacks. The department of justice, which established special courts to expedite the process, told The Times it was not certain how many cases had been finalised.Zolile Nqayi, a spokesman for the department, referred The Times to the NPA. The Consortium for Refugees and Migrants in South Africa said that of the 469 cases, 208 have been withdrawn, 105 have been concluded and 156 cases are still being heard.Those convicted of public violence, assault with the intent of causing grievous bodily harm, house breaking or theft have been imprisoned or fined.For the family of Ernesto Nhamuave, whose burning body became the disturbing symbol of the violence, the numbers offer little comfort.The Mozambican father of three was killed by a xenophobic mob, which set him on fire at Ramaphosa settlement on the East Rand. Ernesto’s brother, Jose Nhamuave, 35, yesterday told The Times he has no clue whether his brother’s killers have ever been found, because the police have not given him any information about progress in the case. Police last contacted him about the case in September.Nhamuave said: “The family asks me for information, but I don’t know anything. Only the Lord can deal with those people who killed him.“I’m sad about losing him, but what makes me sadder are his children. Every time they speak to me they ask what happened to their father. They still ask the same question they asked when he was killed, and it is sad for me to have to tell them that he was burnt alive in daylight but I don’t know by whom.”Nhamuave, who now works in a mine in Mpumalanga, said: “I have four kids of my own, but now I have to look after his children as they don’t have anyone. It is difficult. His wife cries all night if his name is mentioned.”Kaajal Ramjathan-Keogh of Lawyers for Human Rights said that though the NPA was to be commended for fast-tracking the prosecutions, the conclusion of the cases needs to send a clear warning to people that similar incidents will not be tolerated.She said: “We don’t have enough information relating to the cases that have been finalised. We want to know that there has been accountability. We want to know where we can go from here.”