DNA bungling delays justice for Eastern Cape family

Simbongile Mancotywa from Cofimvaba in the Eastern Cape was murdered on 9 May, 2020. The family and a police source say that her partner, the father of her two children, handed himself to the police.

According to her brother, she had been shot 15 times. Her partner was charged with murder and rape and released on 24 May, 2020. It was the talk of the town at the time. But the case was later struck off the roll because of a delay in getting DNA results.

ALSO READ: Suspect connected to Odendaalsrus farm murder through DNA

Cofimvaba Magistrate’s Court manager Mkhululi Nkunkuma refused to show us the court records, so GroundUp could not establish if the accused had pleaded. But there has been no prosecution and the Mancotywa family say they have had no updates from the investigating officer.

Mancotywa’s brother, Athi Ntelesa-Mancotywa, recalling the fatal day, told GroundUp he was in Mthatha when he received the call and he rushed to Cofimvaba.

He found his sister’s half-naked body lying in a pool of blood. Police and forensics were already at the scene.

“Every time I think of her, I see that image in my mind.”

ALSO READ: DNA backlog prevents victims from getting closure, says expert

Ntelesa-Mancotywa said the accused is now living with his two nephews, aged five and 13.

“God knows what poison he is feeding them. The justice system has failed us. Three years later, the suspect is roaming outside.”

Provincial police spokesperson Priscilla Naidu blamed the delay in prosecution on slow DNA results. She said the case is still under investigation and, as there were allegations of rape, DNA evidence is crucial. She also said the court docket has not been returned to the police and referred us to the National Prosecuting Authority (NPA).

Eastern Cape NPA spokesperson Luxolo Tyali said the matter was struck off the court roll due to the delay in getting the DNA results.

“As soon as the [DNA] results are available, the case will be re-enrolled. It has now been referred to the director of public prosecution’s office for handling by a senior state advocate. We view the case in serious light and wish to fast-track it as the DNA results are long overdue.”

ALSO READ: DNA test backlog ‘delaying justice’ 

But national police spokesperson Brigadier Athlenda Mathe blamed the delay on forensic samples having to be taken again. She did not say when this was discovered to be necessary, what had gone wrong or how long ago the samples had been retaken.

Mathe said on 16 June the report was now ready and the investigating officer would inform the family.

GroundUp checked with the family on Monday and they said they still had not been contacted.

This article was republished from GroundUp. Read original article here.