The 860 days it took to get Lekesha Marthinus’s case to plea and trial is a testament to just how the criminal justice system lets down victims. It angers Action Society when victims and their loved ones have to wait more than two and a half years for a case to move forward after forensic delays and police inefficiency caused delay upon delay. We are, however, hopeful that when the case resumes tomorrow, 18 March 2025 it will be with little interruption and delay.
Lekesha was killed on 5 November 2022 in Tafelsig in Mitchells Plain, after her boyfriend at the time threw an empty beer bottle at her head. She was rushed to hospital and declared dead on arrival. The then 18 year-old was holding her nine month old baby in her arms when the bottle struck her in the temple. As with most of the cases that Action Society has been involved with, the murder case of Lekesha has been plagued with multiple postponements due to a decaying and indifferent court system that repeatedly fails victims of GBV.
In April of 2023 the accused was granted bail of R3 000 and then promptly disappeared – highlighting our demand that violent perpetrators are not granted bail under any circumstances. Furthermore, the case was provisionally withdrawn in September of 2023 due to an outstanding post-mortem report and photos from the crime scene.
“Lekesha’s case, as with many others, has shown just how bad the situation is for many victims seeking justice. The uphill battle for justice has been made even more difficult with the extensive and ever growing DNA backlog and police inefficiency. Action Society is well aware of why these problems exist in the first place, and we believe we have the solutions,” said Action Society’s Kaylynn Palm.
“When it comes to GBV, we know that an ever-growing DNA backlog (now at 140 000 outstanding cases) makes it difficult for prosecutors to provide the courts with evidence. We also know that our court system in its current state is wholly unfit to deal with the sheer number of cases that arrive at its doorstep on a daily basis. Furthermore, the limited investigative capacity of the South African Police Service (SAPS) is an ongoing concern.”
Action Society demands that a special task force should be set up to tackle GBV cases. Public-private partnerships (PPPs) should be used to add investigative, forensic and prosecuting capacity so that cases can be solved and successfully prosecuted.
“It is now beyond time that Lekesha’s killer is brought to justice. It is unacceptable that criminals are allowed to continue on with their lives while families and victims of abuse and murder have to wait years for justice. We believe that after the implementation of our solutions, criminals in South Africa will once again fear the mighty hand of justice,” concluded Palm.
