WELLINGTON – The family of the late Heilay Darwish (35) said their initial hope for justice had faded as ongoing delays threatened to derail the murder case against her husband, Ahmed Darwish (42). He stands accused of killing Heilay in their Wellington home in February 2021, and her relatives now feared the matter would be struck from the court roll, resulting in his release.
Ahmed, originally from Egypt, was arrested on 11 February 2021 in Lillian Street, Wellington on the same day the alleged murder occurred.
He was charged with slitting Heilay’s throat with a blunt object.
Concerns over the future of the trial intensified after the most recent court appearance on 17 November, when regional magistrate Fezile Tonisi postponed proceedings to 30 March 2026.
The delay followed yet another failure by the appointed Arabic interpreter to appear in court. This is not the first time the proceedings have stalled for this reason, as previous hearings were similarly postponed due to difficulties in securing a suitable translator.
In the November hearing the court had arranged for an interpreter and was prepared to pick the individual up in Mitchells Plain, in Cape Town, only to be informed that the translator had been admitted to Tygerberg Hospital. Tonisi subsequently ordered that a medical certificate be provided as proof.
The state prosecutor in the case, William da Grass, told during the November appearance that Heilay’s family had indicated they had spoken to Ahmed in English on numerous occasions and that he could even speak “basic Afrikaans”.
He said the investigative officer also indicated to the state that the accused could understand English.
“The language issue is being exploited by the accused,” Da Grass said, noting this was not the first time proceedings had been postponed or made more difficult due to challenges in securing a translator for an accused who is able to speak English.
Specific Arabic dialect
Ahmed’s legal representative, Robyn Diedericks of Legal Aid South Africa, told the court that while it was true the accused could speak English he nonetheless required a translator to interpret complex terms and phrases into Arabic, which is his mother tongue.
Paarl Post has previously reported that Ahmed speaks a specific Arabic dialect that has complicated efforts to obtain a qualified interpreter.
READ: Interpreter no-show forces further delay in alleged wife-killer’s trial
The repeated postponements have placed the case in a precarious position. Should the interpreter continue to be unavailable, the magistrate may strike the matter from the roll, which would lead to Ahmed’s release from custody.
Against this backdrop of uncertainty, Heilay’s family reflected on her life and the events leading up to her death.
The family, Magdalene Prins (Heilay’s mother), Janene April (sister), Adele Winter (cousin), Ashnique Winter (cousin) and Brando Winter (husband of Adele), described her as independent, hardworking and the primary breadwinner.
At the time of her death she was an administration manager at Shoprite in Klapmuts and the mother of a 3-month-old son due to return to work soon after maternity leave.
The family explained that Heilay and Ahmed, who had been married for around 16 years, were once a close-knit couple.
They believed the relationship began to change after she fell pregnant. In the weeks before her death they noticed she had a black eye and bruising on her body.
According to Prins her daughter had kept “everything to herself,” saying only that Ahmed had “pushed” her.
When the family confronted him, he insisted nothing was wrong. They also contacted the Wellington Police Station, who visited the couple’s home, but did not question Ahmed.
Likely death due to stabbing
Approximately a week later, on the day of the alleged murder Brando visited the couple’s house to “check in” on Heilay.
He reportedly found Ahmed outside and asked to see her. Ahmed told him she was sleeping. Later that day the family received the devastating news that Heilay had died, likely from a stab wound.
When they arrived at the scene they saw the yellow police tape and realised she was “no longer with them.”
Ahmed was reportedly holding his son when officers arrived, after which he was taken into custody. According to Magdalene the autopsy indicated Heilay had been stabbed with a “blunt object”. She added that the police took a knife from the scene as evidence.
The family has expressed deep frustration with the justice process. Magdalene said she felt the court is “protecting Ahmed more than they are protecting Heilay and her family,” while Brando believed the system was “giving more rights to [an alleged] criminal than the victim.”
They have reached out to the Department of Justice and were in the process of contacting civil society organisations for assistance.
“We are doing this for Heilay,” they said, adding they cannot give up hope.
Seven state witnesses are set to testify in court next year, of whom five are family members and two police officers.
You must be logged in to post a comment.