HIV and the Law

Aids activist’s death: pastor’s son gets life – by Quinton Mtyala

He put on a brave face throughout the trial, but the man found guilty of the rape and murder of Khayelitsha Aids activist was reduced to tears when he was sentenced to life imprisonment.

Standing in the dock with Ncedile Ntumbukane (22) was Vuyelwa Dlova(23), who was found guilty last year of the attempted murder of Lorna Mlofane.

During the Cape High Court trial, which lasted just over six months, the two accused often smiled from the dock at their friends and families who had come to support them.  However, on Thursday the atmosphere in court six resembled a funeral, as the two faced the inevitable.

Mlofane had been at a Khayelitsha shebeen with a friend when she was accosted by Ntumbukane at an outside toilet on December 13 2003.  The state charged that Ntumbukane raped and then murdered Mlofane after he found out that she was HIV positive.

According to Ntumbukane’s testimony, though, he had followed Mlofane to the toilet to declare his love fro her even though they had never spoken and he had seen her only once before.

Ntumbukane told the court that after declaring his love for her the two had consensual sex.  Later someone who saw them together told him that Mlofane was HIV-positive.  She cried and admitted her status.

Ntumbukane believed that he had become infected and then started to beat the 21 year old.

Dlova was sentenced to an effective seven years’ imprisonment for the attempted murder of Mlofane.

She had kicked the wounded Mlofane on the head while paramedics prepared to move her to hospital after being beaten by Ntumbukane.

Judge Dumisane Zondi said in sentencing Ntumbukane, he had taken into account his circumstances and that of the community. 

“The community at large needs to be protected against these crimes (rape and murder) which are on the increase”, said Zondi.

He said Parliament had introduced minimum sentence legislation to counter this trend.

The judge added that Ntumbukane had displayed a lack of respect when he chose to attack Mlofane after she told him about her HIV status.

Dlova, who worked a s a shop assistant at the time of the incident in December 2003, had testified during the trial that she had been an onlooker even though several witnesses told the court that she had kicked Mlofane and accused her of spreading Aids.

Dlova and Ntumbukane were strangers at the time of the incident.

Lorna’s brother, Sithembele Mlofane, said the sentences imposed on the two had been fair and just.

Ntumbukane’s father, Gazilentombi Ntumbukane, who is an Apostolic preacher, in Khayelitsha, said that his son did not deserve life imprisonment.

Mandla Majola, district co-ordinator for the Treatment Action Campaign in Khayelitsha, has welcomed the sentences.

City Press February 19 2006