Activists are deeply concerned after a man accused of setting Athule Mahlathini, a member of the LGBTIQ+ community in the Eastern Cape, on fire was released.
Mahlathini, a 25-year-old queer individual died in a suspected deadly hate crime attack in August 2022 in the rural area of Ndlovini.
Reports at the time alleged that Mahlathini was with their boyfriend in his shack when the man’s cousin, who also lived there, returned home.
The cousin was said to have been enraged that his family member was “sleeping with a man in my house” and allegedly attacked Mahlathini. It was further claimed that, after beating them unconscious, he poured paraffin over Mahlathini and set both them and the shack alight.
When a neighbour awoke and attempted to extinguish the fire, the alleged perpetrator reportedly insisted that no one was inside. Only when the door was forced open did the neighbour discover Mahlathini’s burning body.
Suspect Freed Under Unclear Circumstances
OUT LGBT Well-being has now revealed that the accused was released by the Motherwell Magistrates’ Court on 24 July. However, it remains unclear whether he was acquitted or if the case was dismissed.
The organisation noted ongoing difficulties in accessing official documentation from the court and the National Prosecuting Authority (NPA) to confirm what exactly transpired.
A Pattern of Systemic Failure
“After nearly three years of delayed justice, court postponements, a missing docket, and key witnesses reportedly as far away as Cape Town, this sends a devastating message to the LGBTQI+ community: that our lives are not valued equally under the law,” said Sibonelo Ncanana, Project Coordinator at OUT LGBT Well-being.
Ncanana believes the case reflects a wider pattern of systemic failure in addressing crimes against LGBTQI+ people.
“From the case being struck off the roll due to a lost docket, to repeated postponements for basic prosecutorial steps, the handling of Athule’s case demonstrates a justice system that is neither prepared nor committed to confronting hate crimes,” he said.
“Athule was not just a victim; they were a beloved child, a friend, and a member of a community that continues to live in fear.”
According to Ncanana, the fact that no one has been held accountable for Athule Mahlathini’s brutal murder “entrenches a culture of impunity, where perpetrators are emboldened and queer lives are treated as disposable.”
A Developing Story
OUT is a member of the Rapid Response Team (RTT) – consisting of representatives from government departments and civil society groups – which monitors pending and reported LGBTIQ+ hate crime cases within the criminal justice system.
At an RTT meeting this week, Ncanana told MambaOnline, government officials committed to clarifying the circumstances under which the suspect in the case was released and to discussing possible next steps.
Calls for Action on Hate Crimes
OUT has called on the NPA, SAPS, and the Department of Justice to urgently prioritise hate crime cases, ensuring they are investigated and prosecuted with the seriousness these crimes demand.
The organisation also echoed growing demands for government to fast-track the implementation of the Prevention and Combating of Hate Crimes and Hate Speech Act, which was signed into law in May 2024.
