The 19 women who were forced to perform sexual acts during a sermon at a church in Khayelitsha in 2023 could finally see some progress made in their case as it moved to trial in January. The two accused face 21 charges and have pleaded not guilty.
The first witness emotionally testified how she was undressed by one of the perpetrators, touched and forced to perform sexual acts on him. Action Society applauds her bravery on the stand. Action Society hopes that this trial can be a step toward justice as the marathon trial is set to continue with 21 witnesses expected to testify.
Even though this will be a very long trial, Action Society notes that, at least, the case is already in the trial phase, less than two years after the events took place, unlike many other cases where the criminal judgment process is riddled with delays. We take exception to the extremely long delays in cases like Nosiphiwo James’ where it has been 1 000 days since her murder, and that of Lekeasha Marthinus, whose case is now only moving to the accused pleading – more than two years after her murder.
Here is the wrap for this week:
KHAYELITSHA REGIONAL COURT
Nosiphiwo James: Action Society condemns remand applications delaying justice
The murder suspect in the case of Nosiphiwo James could soon be a free man if he has his way. This follows after continued delays in court have led to an application by the defence to grant the accused bail in terms of Section 49G(3). Section 49G(3) of the Correctional Services Act of 1998 in South Africa states that a remand detainee must be referred to court if their detention is going to exceed a certain period. It stipulates that the detention of remand detainees should not exceed two years.
Action Society strongly condemns continued court delays that lead to tens of thousands of dangerous remanded prisoners waiting for court procedures to come to a close. In this case, the accused violently stabbed Nosiphiwo in the neck with a screwdriver on 8 May 2022. Saturday, February 15, will mark 1 000 days since her murder.
The suspect appeared in court on 30 January, where the bail application based on expired remand time was heard. The case was postponed to 12 February for judgment on bail, after which the case will appear in court B for further trial on 6 March.
Churchgoers raped and assaulted
Nineteen women from Khayelitsha were sexually assaulted in church on Easter Sunday in 2023 while preparing for the service. Two men entered the church and forced the women to undress and perform sexual acts whilst beating them. This case is now in the trial phase. It was heard on five separate days in late January, with the last appearance on January 29, 2025. Read our tweets on the case here (https://twitter.com/ActionSocietySA/status/1883828409580523561). The subsequent appearances will be on 13, 18, 20 and 25 February, where the trial will continue.
*Dahlia: Raped by her stepfather
Action Society continued the fight for justice for Dahlia, a 19-year-old girl from Harare who was raped in May 2024. Her rapist, who is both her stepfather and a local pastor, was granted bail of only R1 500 on 24 June 2024. The matter was heard in court on 5 November and was postponed to 23 January 2025 for trial. Unfortunately, the matter was withdrawn as the witness did not attend court.
KHAYELITSHA MAGISTRATES COURT
Barbershop children shooting
Two children, aged 11 and 12, and an adult aged 30, were killed inside a barbershop during a mass shooting on 8 June 2024. Three other children were rushed to hospital where a 5-year-old died of their injuries. The police believe the shooting was extortion-related. The case was heard in court on 23 January 2025 and has been postponed to 26 February for a forum discussion on whether the matter will be heard in the regional or high court.
MITCHELLS PLAIN REGIONAL COURT
*Iris: Raped by mother’s ex-boyfriend
The stepfather of a 15-year-old girl, accused of raping his ex-wife’s daughter from a young age, often while giving her a bath, appeared in Mitchells Plain Regional Court B on 17 January 2025, where the case was postponed to 31 March for plea and trial.
Firdous Kleinschmidt: Killed by a stray bullet
The murder trial of Firdous Kleinschmidt continued in February. The 13-year-old girl was struck and killed by a stray bullet whilst she was awaiting transport from her school grounds. Her case highlights the tragic reality that children and innocent people are often caught in the crossfire of gang violence. Even though the trial was set to start on 3 February 2025, the accused’s new attorney came on the record on that day, causing a delay. The case was heard on 6 February 2025 and was postponed to 14 February, where the trial will commence.
Lekesha Marthinus: Killed after a beer bottle was thrown at her head
The murder case of Lekesha Marthinus continued in January 2025. She was killed in November 2022 after her boyfriend fatally threw a bottle at her head while she was holding her baby in her arms. The case was temporarily withdrawn in September 2023 due to an outstanding post-mortem report but was reopened in October 2024. Consequently, the case has been postponed various times as the accused and his attorney didn’t have time to consult. The case was last heard in court on 24 January 2025 and was postponed to 18 March for plea and trial, a month shy of two and a half years after her murder.
*Violet: Child rapist appeals guilty verdict
Action Society was shocked to learn that the man accused of raping his 12-year-old niece – Violet – and sentenced to 15 years in prison in October last year is now appealing this decision. Action Society first became involved with the case in April of 2022, and was frustrated by various delays including faulty court equipment, unavailable court interpreters and overflowing sexual offences court rolls. The appeal application was presented on 7 February 2025 but postponed to 28 February. Action Society will not give up on this girl and will continue to fight until the child rapist serves his time.
PAARL REGIONAL COURT
Woman’s husband contravenes protection order
A woman’s husband has shown a pattern of verbally abusing her and damaging her property, which led to her obtaining a protection order. His temper came to a boiling point when he destroyed her phone after an altercation, contravening the existing protection order against him in November 2021. The case underwent a change of magistrates, an unsuccessful mediation process and loadshedding, finally leading to a trial. Unfortunately, on 7 February 2025, the accused was found not guilty on all four charges.
BLUE DOWNS REGIONAL COURT
Janelle Laattoe and two other women face off abuser
Janelle Laattoe and two other women have been fighting for justice since respectively 2019, 2021 and 2022 against a man who abused them during their relationships with him. The combined case was delayed further in July 2024 when the magistrate retired. The matter was heard before the new magistrate on 5 February 2025 and was postponed to 7 March for a pre-trial conference.
MALMESBURY REGIONAL COURT
Malmesbury Molester: Highlights demand for psychiatric hospital capacity in criminal cases
Action Society continues to push for a man accused of molesting three children in Malmesbury to be permanently removed from society. He was first arrested in 2021 but was let go on a warning. After his arrest, the accused bought time by changing lawyers thrice. Action Society wants to highlight the urgent demand for capacity in psychiatric hospitals related to criminal cases. The accused has been on the placement list for the Valkenburg Psychiatric Hospital since April 2024 and was finally placed for observation in January 2025. The case was postponed until 21 February for the accused to undergo mental observation. Action Society finds it unacceptable that a case like this is dragged on for so long. This case highlights how delay tactics by perpetrators and capacity challenges in psychiatric hospitals only further delay justice for victims.
CAPE TOWN REGIONAL COURT C
Candice Robertson: Murder dressed as a suicide
Candice Robertson was murdered in a guesthouse in Green Point by her partner on April 30, 2022. He tried to make the murder look like a suicide, telling the police that she had hung herself. However, police suspected foul play, and he was promptly arrested. The case was heard in court on 28 January 2025 and was postponed to 12 March for consultation. A new defence attorney was appointed to take over the case, after illness forced the existing attorney to resign from the case.
BELVILLE MAGISTRATES COURT
*Aster: Action Society opposes bail for child rapists
In December 2024, Action Society received a written mandate to oversee the horrendous case of Aster, a 14-year-old girl who was raped by a “pastor” in Delft in the Western Cape in late November 2024. According to reports, the pastor picked her up from her house (per their usual routine on a Saturday) to take her to a praise and worship session at their local church. However, on this day, he took the young girl to a rental house, where he proceeded to rape her. The case was heard in court on 5, 10 and 11 February 2025 and was postponed to 18 February.
Action Society strongly opposes the bail application, and we have sent an urgent letter to the regional court prosecutor wherein we make the argument that the accused poses a danger to the public and granting him bail will potentially lead to more children being victimised. We are very proud to see the local community standing in solidarity with this young girl. Together, they signed a petition with hundreds of signatures opposing bail. The (Women In Need) WIN organisation submitted the petition to the court.
WYNBERG REGIONAL COURT
Melissa Bianca Dale: Raped and murdered on a military base
Melissa, a disabled woman who was murdered on the grounds of the Wynberg Military base, is suspected to have been raped and strangled by the son of a South African Defence Force member living on the premises. The state has indicated they were trial-ready in September 2024, but the defence has brought various delaying tactics since then, not even being present on February 6, 2025. The case was postponed until 13 June for trial.
WYNBERG MAGISTRATES COURT
Charlene Josephs: Murdered and dumped in landfill site
The Action Society team, unfortunately, had to withdraw from the murder case of Charlene Josephs after her family refused to provide further assistance. On 10 July 2024, a group of masked gunmen entered Charlene’s home in Lavender Hill after her power suddenly shut off while she was watching television. In the sheer and sudden darkness, they forcefully dragged her out of her house at gunpoint, got into a car and fled. Charlene’s body was found on 19 August 2024 in a deserted area behind the Muizenberg landfill site, riddled with stab wounds.
STRAND MAGISTRATES COURT
*Granny Blossom: Raped by grandson
Action Society is deeply saddened that the rape case of a 71-year-old grandmother from Strand has been closed. Her grandson raped her on 13 August 2024 in a case that deeply shook the community. The lady unfortunately passed away just months after the attack due to unrelated causes. Action Society unambiguously condemns all forms of violence toward our elderly, and we will not allow this case to set a precedent for potential future perpetrators.
*Pseudonyms are used to protect the identity of the victims.
MEDIA INQUIRIES
Kaylynn Palm
Head of Action Society’s Action Centre
Cell: 063 672 9256
