South Africa LGBTIQ+ Rights Watch: July 2024

MambaOnline and OUT LGBT Well-being publish a monthly overview of reported LGBTIQ+ rights violations in South Africa, including hate speech. We also look at the status of cases making their way through the criminal justice system. Here is our summary for July 2024.

Joburg Grindr Gang Seven Case Faced More Delays

The case against the seven ‘Grindr Gang’ men, accused of kidnapping and brutally beating a Johannesburg student after luring him through Grindr, continued to inch slowly towards the start of a trial. Activists had feared that the prosecution was considering dropping the case against the men, but this proved to be unfounded. The suspects, who face charges of kidnapping, attempted murder, and extortion, appeared in court on 11 July where the case was postponed to allow them time to secure legal representation. Activists, expressing frustration over the delays and showing solidarity with the victim, rallied outside the court, demanding justice. The victim, a Wits University student, was severely assaulted and held for ransom in September 2023, leading to his hospitalisation in ICU.

Charges Mounted Against Cape Town Grindr Gang Suspects

Three men from Soweto, arrested in Cape Town in June for their involvement in a Grindr gang syndicate, faced additional accusations as more victims came forward. The suspects, Mlungisi Mbuthu, Bongani Zulu, and Zwelakhe Ngwenya, appeared in the Cape Town Magistrate’s Court on 19 July. They had allegedly targeted multiple LGBTIQ+ individuals through dating apps, luring them into violent robberies in Cape Town. A least seven incidents had been reported, with two cases leading to formal charges. The suspects were also linked to other cases in Gauteng and KwaZulu-Natal, with potential charges under the Cyber Crimes Act.

Sam Mbatha’s Killers Received Life Sentences

The family of Sam Mbatha, a young LGBTIQ+ professional murdered three years ago, welcomed the life sentences handed down on 26 July to his killers, Arthur Khoza, Mahlatsi Nkuna, and Thato Mosetla. The trio were found guilty of the crime in March. The North West High Court also sentenced them to an additional 20 years for robbery with aggravating circumstances, 15 years for kidnapping, 10 years for malicious damage to property, and 7 years for defeating the ends of justice. Although Khoza and Nkuna have filed appeals, their sentences remain in effect. Mbatha’s body was found burned beyond recognition in his car in June 2021, and police linked the crime to a bloodstained house in Klipgat. “After months of advocating for justice and enduring multiple postponed court sessions, today we celebrate a victorious moment as justice is finally delivered,” the Mbatha family said in a statement.

SAHRC Responded to Gay Couple Thrown Out by Allegedly Homophobic Landlord

There were developments in the case involving a same-sex couple who approached OUT LGBT Well-being earlier this year for assistance. They alleged that they faced discrimination and homophobic verbal abuse from their landlord, who evicted them because of their sexual orientation. They further claim that she physically attacked them and has retained possession of their deposit, their cats, and some household items. OUT assisted in reporting the matter to the South African Human Rights Commission (SAHRC). The SAHRC, however, advised the couple to approach the Rental Housing Tribunal, which resolves disputes between landlords and tenants, and to lay charges of assault and damage to property with the police. The SAHRC also requested additional information and evidence on the alleged hate speech comments made by the former landlord for further assessment.

SA Rugby Star Faced Homophobic Backlash Over Painted Nails

South African rugby star Damian Willemse, who boasts more than 300,000 followers on Instagram, was subjected to homophobic comments and speculation about his sexuality on social media. The Springbok and Stormers player shared images and videos of himself recovering from an injury in Greece and the UK, sporting painted toenails and fingernails. While some viewed this as a refreshing departure from traditionally rigid masculine fashion stereotypes, others found it offensive and repulsive. “Uhm, gay much. Lost respect,” said one person, while another posted, “Painting your nails looks 100% gay, bro…” Some even claimed they would unfollow him due to his fashion choices. However, the overall response from fans was positive, with most wishing him well and applauding his sense of style.

• Have you experienced or witnessed an LGBTIQ+ rights violation such as a hate crime, hate speech or any other kind of LGBTIQ+ discrimination in South Africa? If you’d like to bring it to the attention of the LGBTIQ+ community, email info@mambaonline.com. 
• If you need free support to uphold your LGBTIQ+ rights, please email OUT at report@out.org.za.
• Did you know you can lodge a complaint of unfair discrimination or hate speech (at no cost and without a lawyer), in the Equality Courts, which are located across South Africa? For more information, read OUT’s guide to using the Equality Courts.