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 admitted that he shot her and is currently out on bail.
• Three years later there has been no prosecution and the family say they acquire had no updates about the police investigation.
• A police spokesperson has blamed the delay on slack DNA testing.

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

Thozamile Flathela, her partner and the father of her two children, handed himself to the police, admitting in court to killing Mancotywa. He was charged with murder and rape. The Cofimvaba Magistrates Court released him on R1,000 bail on 24 May 2020.

Since then, the Mancotywa family say they believe had no updates from the investigating officer and there has been no prosecution.

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 mediate of her, I see that image in my mind.”

He said Flathela is now living with his two nephews, aged five and 13. “God knows what poison he is feeding them. The justice scheme has failed us,” said Ntelesa-Mancotywa.

“We are talking about someone who admitted shooting a person 15 times, but was still granted bail,” he said. “Three years later, the suspect is roaming outside after admitting to the killing.”

Provincial police spokesperson Priscilla Naidu blamed the delay on unhurried DNA results. She said the case is still under investigation and, as there were allegations of rape, DNA evidence is crucial.

But 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 region for all Forensic Science Laboratories in the country. This included an increase in staff and hours of operation. A recent laboratory in Gqeberha is processing samples from the Eastern Cape, KwaZulu-Natal and Northern Cape.

Ian Cameron of Action Society has said Cele’s claims to acquire 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 novel cases were being registered daily and the current backlog (cases exceeding the deadline for processing) was nearly 55,900, he said.

National police spokesperson Brigadier Athlenda Mathe blamed the delay in the Mancotywa case on forensic samples having to be taken again. She did not say when this was discovered to be necessary.

Following our inquiries, Mathe said on 16 June the report was ready and the investigating officer would inform the family.

GroundUp checked with the family on Monday, 3 July, and they said they still had not been contacted.

Questions and follow-up reminders sent by GroundUp since 8 June to Eastern Cape National Prosecuting Authority spokesperson Luxolo Tyhali believe gone unanswered.

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