Justice for the Rich, Nothing for the Poor

by Global Ministries | published on Oct 10, 2014

In the wake of the acquittal of five accused murderers in the Phongola district this week, activist organisation Church Land Programme has expressed outrage at the lack of legal support and access to justice for the rural poor in South Africa. Church Land Programme works with church members and poor communities within KwaZulu-Natal.

Residents and church leaders from Phongola, as well as staff and activists from the organisation, stood in support of widow Ma Ntshangase, as she heard that there is not sufficient evidence to prove beyond any reasonable doubt that three white farmers and two white policemen were guilty of the murder of her son in April 2004. The trial has lasted a year, and was characterised by poor representation from the state-supplied prosecutor, leading Regional Magistrate Nzimande, to pass the verdict, leaving the late Solomon Mbuyisa’s elderly mother distraught and in despair of her future.

The story goes that in April 2004, nearby a payout point for farm workers, three farmers took Mbuyisa and a colleague against their will and physically assaulted them. Mbuyisa’s colleague was later released, after the two police officers had joined the party. The group disappeared again with Mbuyisa, and an hour later returned him to the Phongola police station bleeding, bruised and with a fractured spleen, from which he later died.

There was no investigation into the death of Mbuyisa. It was not until local church and community leaders took a decision to launch a campaign on behalf of maNtshangase and other poor people from the area who have suffered similar abuse, that an investigation was made.

The campaign brought about the subpoena of the five suspects. In May 2005, a year on from the death of Mbuyisa, they appeared before the magistrate in the Phongolo Court. The suspects were not requested to plead and were allowed to go home, continuing with their normal jobs- for two of the accused, this was at the local police station which was responsible for investigating the charges. The case was postponed until August 2005. Supporters of the Mbuyisa family were present at the August hearing, praying, marching and singing – apparently sufficient action for the authorities to call in the police riot squad, as it was considered that the lives of the suspects were in danger. Mbuyisa supporters were forced to leave the court premises.

According to community members from the Phongola area, Mbuyisa’s death is not an isolated incident, and acts of violence and abuse are frequently performed against black poor people – generally those living on farms. Perpetrators of these acts tend to be wealthy, powerful and white, with the means to pay their way – legally or illegally – out of the consequences. By contrast, the services supplied by the state to the marginalised are frequently inadequate or incompetent, reducing cases such as this one to an unfair fight between the rich and the poor.

Rev. Thulani Ndlazi of the Church Land Programme comments: “There appears to be absolutely no will from the government’s side to protect the landless and poor, and to restore black people’s dignity in the land of their birth. Or at least give them a fair chance. The justice system is one of government’s arms for development, but instead it is just showing that people from historically marginalised communities are still considered second class citizens, just as they were during apartheid.”

He further commented that Church Land Programme is seeing an uprising and growing anger amongst poor communities: “It would seem that poor communities have no choice but to find other means to express their anger and disillusionment against the government’s unjust systems and non-delivery. The justice system has failed them.”