Justice for Mrs NM Gwanya (a.k.a Nolhizana) 

To :

Minister of Women, Youth and Persons with Disabilities

Minister of Police

Minister of Communications and Digital Technologies

Commission on Gender Equality

Human Rights Commission

South African National Council on AIDS Women’s Sector

South African Police Services

Department of Education

Qwili

Khayelitsha Trust

 

Title: Justice for Mrs NM Gwanya (a.k.a Nolhizana) 

Introduction:

We, the undersigned, concerned citizens and supporters, hereby petition for justice and resolution in the case of Mrs. NM Gwanya, affectionately known as Nolhizana. We believe that justice is essential for the well-being and rights of Mrs. Gwanya, and we seek the support of the community in addressing the issues she faces.

Background: 

Mrs. NM Gwanya, a respected health professional, sister, and TikTok influencer, has been subjected to cyberbullying, defamation, and verbal abuse by the leader of Masakhane, Nosethu Manxilana, and her group of women on a WhatsApp platform. This petition aims to address the injustices she has endured. She has been slanderously insulted, defamed, her named dragged on social media platforms. This is regardless of all attempts of different individuals to mediate which were met with resistance.

Mrs. NM Gwanya, as a long-serving health professional with a distinguished career within the Department of Health, welcomes and is open to any scrutiny of her qualifications and career development. She extends an invitation to any regulatory board or authority to review her credentials. Mrs. Gwanya is committed to full cooperation with the law to address any concerns or doubts that may have been raised.

Women in the Masakhane group suffer insults, silenced, bullied and insulted some even feel exhorted financially. No financial reports are provided when requested and no sense of accountability. This means potential donors may invest in an entity that is individually driven and not serve the purpose intended. Individuals who have come out suffer post traumatic stress and fear due to threats received. Secondary victimisation of women who leave the group and during the time where they were part of the group. Woman on woman violence is experienced.

Supporting Evidence: Cyberbullying in South Africa

The recent death of veteran actor Patrick Shai and a tragic incident involving a pupil's overdose on pills have drawn attention to the severe consequences of cyberbullying in South Africa. These incidents underline the urgent need for legal measures to combat cyberbullying, especially as the prevalence of such offenses continues to rise.

We have observed with concern many more cases of young people who have committed suicide due to acts of cyberbullying. Humiliation of many citizens through cyber bullying, careers been dragged through cyberbullying and we can not be bystanders anymore.

Understanding Cyberbullying: Cyberbullying involves using electronic methods to harass and bully others, and South Africa has been reported to have one of the highest rates of cyberbullying. Examples include online fights, offensive messages, spreading rumours, and intentional exclusion from online groups.

Cyberbullying and the Cybercrimes Act: The Cybercrimes Act of 2020 aims to combat cybercrimes and related offenses but lacks specific definitions for cyberbullying. Sections 14 and 15 address data messages that incite damage to property or violence, constituting offenses under the Act.

Forms of Cyberbullying: Various forms of cyberbullying include fraping, identity theft, trickery, catfishing, and trolling. Victims can seek recourse through the South African Police Service, laying charges against perpetrators and applying for protection orders.

Penalties Imposed: The Cybercrimes Act imposes penalties for contraventions of Sections 14 and 15, with individuals liable on conviction to fines, imprisonment for up to three years, or both.

Professional Damage and Legal Implications: The recent arrest of a TikTok doctor in South Africa highlights the seriousness of operating as a healthcare professional without proper registration or qualifications. False allegations against Mrs. NM Gwanya, suggesting that she operates with fraudulent qualifications procured by her husband, not only harm her reputation but also cast doubt on the validation process of health practitioners by the South African Nursing Council (SANC). 

These baseless claims tarnish the reputation of her spouse, a member employed by the Department of Education and further undermine the rigorous vetting processes in place within the Department of Health. The Department of Health adheres to stringent vetting processes during appointments, and these allegations pose a threat to the integrity of such procedures and question the thoroughness of Mrs. Gwanya's career development assessments throughout her tenure as a health practitioner. It's important to note that no irregularities in her qualifications have been identified during her career progression, thereby affirming the integrity of the Department of Health and the Western Cape government. The leader's unfounded accusations not only damage Mrs. NM Gwanya but also cast a shadow on the entire Department of Health, threatening its reputation and the trust placed in its vetting mechanisms

Legal Context: Crimen Injuria In the South African legal context, offenses such as cyberbullying, defamation, and false allegations often fall under the charge of crimen injuria. Crimen injuria refers to the unlawful and intentional violation of the dignity of another person, encompassing actions that degrade, demean, or cause harm to the reputation and emotional well-being of an individual.

By emphasizing the gravity of cyberbullying in South Africa and its legal implications, we underscore the urgency for legal redress to rectify the reputational harm caused to Mrs. NM Gwanya and her spouse.

Request for Action: We urgently call for the following actions:

Disbandment of the Masakhane group: Investigate its compliance with South African laws governing NGOs/NPOs.
Psycho-social support for victims: Provide support for those affected by the women-to-women abuse within Masakhane.
Accountability from Nosethu Manxilana: Ensure accountability for her actions in perpetrating cyberbullying, defamation, and the dissemination of false allegations.
Support for Masakhane Group development: Assist in formulating a Vision, Mission, and Constitution and provide leadership training for positive impact.
Withdrawal of support from enablers: Call on donors, private associates, and supporters to cease supporting individuals enabling women abuse, including Nosethu Manxilana.
Formal public apology: We demand a formal and public apology from the leader, Nosethu Manxilana, and all members of the Masakhane group for the harm caused to Mrs. NM Gwanya's reputation and well-being.
Closing: We express our gratitude for your support in seeking justice for Mrs. NM Gwanya. Together, we can make a difference in rectifying the injustices she has faced. Mrs Gwanya is open to any verification process with regards to her qualifications, this will prove that the allegation of fraudulent acquired qualification is unfound and are a weapon to defame. 

Contact: 0747267968  Anelisa Xotyeni

                 064 0061720 Bongani Mgabile