DNA bungling delays justice for family of slain mother

Simbongile Mancotywa, from Cofimvaba in the Eastern Cape, was murdered on 9 May 2020.

• Simbongile Mancotywa, from Cofimvaba in the Eastern Cape, was murdered on 9 May 2020.
• Her partner was charged and released on bail.
• But three years later there has been no prosecution and the case has been struck off the court roll because DNA evidence is pending.

The family and a police source say that her partner, the father of her two children, handed himself to the police. According to the victim’s 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 struck off the roll because of a delay in getting DNA results.

Cofimvaba Magistrates Court manager Mkhululi Nkunkuma refused to show us the court records, so GroundUp could not establish if the accused had pleaded in court. 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, “I was in Mthatha when I received the call … I rushed to Cofimvaba.”

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

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

He 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,” said Ntelesa-Mancotywa.

“Three years later, the suspect is roaming outside,” he said.

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 suspect had been charged with murder and rape, but the matter was struck off the court roll due to the delay in getting the DNA results, which are still outstanding.

“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.”

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.

Following our inquiries, 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, 10 July. They said they still had not been contacted.

Lirandzu Themba, spokesperson for police minister Bheki Cele, expressed surprise that the family has had to wait more than three years for DNA results.

“I am hoping SAPS can give you exact details of this particular case,” she said.

Themba said there had been a dramatic reduction in the DNA backlog as a result of a turnaround plan for all Forensic Science Laboratories in the country. This included an increase in staff and hours of operation. A new laboratory in Gqeberha is processing samples from the Eastern Cape, KwaZulu-Natal and Northern Cape.

However, Ian Cameron of Action Society has said Cele’s claims to have eliminated the DNA processing backlog were misleading. Cameron said in a statement on 27 June that the backlog of 241,152 cases in April 2021 had been brought down, two years later, to 548. But about 900 new cases were being registered daily and the current backlog (cases exceeding the deadline for processing) was nearly 55,900, he said.

Published originally on GroundUp | By Nombulelo Damba-Hendrik