The Khayelitsha Magistrate's Court was packed to capacity as members of the LGBTQ+ community showed support for a transgender woman who was allegedly assaulted by three young women.
The alleged perpetrators took a video of the assault, and shared it on social media.
Thabiso Motaung, 19, was assaulted by three women, two of whom were 21 years of age, and the other a 17-year-old minor. In the video footage the three women can be seen stripping Motaung naked and beating her in full view of spectators.
In another video, Motaung is seen sleeping while one of the women is playing with her genitals. Both these videos sparked an outcry on social media, with many people demanding justice for Motaung and for the perpetrators to be arrested.
The three people known to the victim are accused of assaulting Motaung after a brief argument. Although the reasons for the assault were not discussed in court, Motaung and more than 10 LGBTQ+ organisations in Cape Town who came to her defence believe the attack was motivated by homophobia.
Speaking to the Weekend Argus, Motaung said the incident took place on the evening of January 8 in Khayelitsha, Site C.
"I was drinking with some friends in Taiwan in Site C, Khayelitsha. I then passed out, and my friends took a video of me naked. When I woke up, one of them told me that I slapped her, and I told them that my parents were on their way back from the Eastern Cape, so I had to go home.
"After telling them that I needed to go home, one of the girls slapped me. When I'm trying to fight, they start beating me up and tearing my clothes off until I'm half naked, I had to run for my life as naked as I am. I ran home, and they followed me, shouting that they were going to burn the house," said Motaung.
Motaung said she would demand justice to sure her penetrators receive the punishment they deserve.
Arthur Goldstuck, the founder and CEO of World Wide Worx, an independent technology market research firm, stated that Motaung could file criminal charges against the trio for violation of privacy after being filmed without consent.
"There are existing laws in South Africa that protect individuals, and against such things. The victim is well on her way to opening a case against the suspects, for taking videos and circulating them on social media without her consent.
“The victim in this case or anyone else can go to the police and report the matter. Suspects who violate someone's privacy may face jail time," said Goldstuck.
Amelia Mfiki, leader of the LGBTQ+ Sector from the Desmond Tutu Foundation, and Ubomi Bethu said whether or not this case was a homophobic attack or not, an assault was still an assault and should not be tolerated in any society.
"One of our own was assaulted, strangely enough, by her friends. This is a form of violence, and it is not acceptable, regardless of whether it is committed by heterosexuals or homosexuals.
“We are here to make sure that the law plays its role, and we also want to send a message to parents who think that when the assault is done by girls, it is acceptable, and also to those who have a problem with the LGBTQ+ community," said Mfiki.
She said that although the accused were young, they were now perpetrators and must deal with the consequences of their actions. She said this was a case of gender-based violence (GBV), and it should be treated as such.
The three young women who stand accused in this case have been released on R 1500 bail each after their brief appearance at the Khayelitsha Magistrate's Court yesterday (Friday). They will appear again on February 23.