Zwelethu Mthethwa found guilty of murder

Zwelethu Mthethwa, an internationally known South African artist, was found guilty on 16 March 2017 at the Western Cape High Court of murdering Nokuphila Kumalo, a young sex worker, aged 23, on the 13th of April 2013, in Woodstock, Cape Town.  Judge Patricia Goliath sentenced Mthethwa with intent in the form of dolus eventualis, meaning Mthethwa foresaw the probability of his act causing death, and nevertheless persisted. During the court case, which staggered on through a series of delays since 2014, Mthethwa refused to take the stand to testify in his own defence, remaining silent. Judge Goliath referred to CCTV footage as “direct evidence” connecting Mthethwa’s car parked near the crime scene, which he exited “walking purposefully” and “executed his mission”. Goliath continued her verdict by invoking the act of Mthethwa kicking and stomping Kumalo to death, during which Kumalo had demonstrated “no resistance” and thus that “the accused could have terminated the attack at any time”.[1] The artist’s credit card records provided proof that he had spent over R2600 on alcohol at a tavern in Gugulethu earlier that evening. The organisation Sexworker Education and Advocacy Taskforce (SWEAT) maintained an active presence throughout the trial, keeping the procedures in public attention. SWEAT, along with Sisonke National Sex Worker Movement of South Africa, also protested the inclusion of a photograph by Mthethwa in the OUR Lady exhibition at the IZIKO South African National Gallery in December 2016, to “create awareness of the inconspicuousness of marginalised communities, women and Nokuphila Kumalo”.[2] Ishtar Lakhani of SWEAT had said, “The irony of promoting the work of a man accused of murdering a woman as part of an exhibition aimed at empowering women, is not wasted on us.”[3] Mthethwa, who is represented by the Jack Shainman Gallery in New York, was denied his R100 000 bail application, and sent to Pollsmoor Prison. End Notes [1] Rebecca Davis. 2017. ‘Portrait of the Artist as a Guilty Man: Zwelethu Mthethwa a murderer, court rules’, Daily Maverick, 16 March ↵ [2] Melody Kleinsmith, 2017, Our Lady Arts Action Discourse. Iziko (Online) http://www.iziko.org.za/news/entry/our-lady-arts-action-discourse ↵ [3] Lakhani cited in Khanyisile Mbongwa et al. 2016. A Letter to Iziko SANG and The New Church Museum. Artthrob (Online), 17 December. ↵https://artthrob.co.za/2016/12/17/a-letter-to-iziko-sang-and-the-new-church-museum/ ↵