South Africa: Still waiting for justice for Popi Qwabe and Bongeka Phungula

The National Prosecuting Authority (NPA) has today informed Amnesty International South Africa that it does not have enough evidence to  prosecute the cases of Popi Qwabe and Bongeka Phungula, but has however referred the matter to the magistrate at the Protea Court for an inquest to be held into their deaths.

The feedback from the NPA comes after Amnesty International South Africa, with some members of the families, held a picket outside their offices in Pretoria on 9 June 2023. Popi and Bongeka were brutally murdered six years ago. Since their murders, their families have received little to no communication on the status of the case, leaving them in the dark with no hope of justice being served.

National Director of Public Prosecutions Shamila Batohi wrote to Amnesty International South Africa informing us that although the Director for Public Prosecutions (DPP) in Gauteng had decided that there was insufficient evidence at this stage to proceed with prosecution, the decision had been taken to refer the matter to an inquest. If the magistrate makes a finding that any person is “prima facie” responsible for the death of the two women, the magistrate must refer the matter back to the DPP to consider the findings of the inquest and to decide afresh if a prosecution should be instituted.

“While this is not the ideal outcome and means that the families of Popi and Bongeka still have to wait to see if they will ever receive justice, we do welcome the NPA’s decision to refer their cases to a magistrate for an inquest,” Amnesty International South Africa Campaigner Sibusiso Khasa said.

“Gender-based violence and femicide (GBVF) cases like this must be taken seriously to protect women’s rights in South Africa and to act as a deterrence for the high levels of violence against women. 

“The investigation of GBVF cases needs to be strengthened so that victims like Popi and Bongeka and their families can have justice and that perpetrators are held accountable. The justice system needs to start acting as a deterrent by ensuring that perpetrators are charged in accordance with the law. This can only happen if investigations are conducted thoroughly so that the prosecuting authority is provided with enough evidence to take these matters to court. Without the police conducting thorough investigations, the NPA cannot successfully prosecute and crimes continue with impunity,” Khasa said.

“We will continue to monitor the case and follow up with relevant authorities regarding the inquest, so that the families of Popi and Bongeka can get some sort of closure.”

Bongeka’s cousin, Mduduzi Ngubane said: “I’m grateful that the NPA responded and is willing to help us with the case, I just hope we won’t have to wait long again to see any developments as far as the case is concerned”.

Background

On 12 May 2017, Popi and Bongeka were shot dead and their bodies dumped by the side of the road in Johannesburg. They may also have been raped before they were killed. Full forensic evidence reports have never been released and the police investigation that followed was, according to the family, riddled with mistakes. The families claim the police did not check for fingerprints and that the phones belonging to the two girls were never traced. Two suspects who had been apprehended in connection with their deaths were later released and the case was struck off the roll. 

In 2020, Amnesty International highlighted Popi and Bongeka’s case during its annual Write for Rights campaign, and the investigation into their murders was reopened, bringing their families one step closer to justice. Over 341,000 Amnesty supporters signed the petition to demand this. The matter was sent back to the NPA in 2021 for a decision on prosecution.