
Murdered Khayelitsha: Family say justice system failed themThe man accused of fatally stabbing Phelokazi Mqathanya has been found not guilty by the Khayelitsha Magistrates Court.
by Mambaonline.com
03-02-2023 09:29
in LGBTQIA+
Openly lesbian Phelokazi Mqathanya, who trained as a chef, was stabbed to death in a suspected hate crime in May 2021 via Mambaonline
The man accused of fatally stabbing Phelokazi Mqathanya has been found not guilty by the Khayelitsha Magistrates Court.
The Magistrate found that the State did not present sufficient evidence to convict the accused of the murder.
Mqathanya was lesbian and her family believe her murder was a hate crime.
This news came as a shock to her family and activists who for months had been fighting for justice after her murder.
The man accused of fatally stabbing a Khayelitsha woman has been found not guilty by the Khayelitsha Magistrates Court.
--
This news came as a shock to her family and activists who for months had been fighting for justice for Phelokazi Mqathanya's murder.
Mqathanya, who lived in Site C in Khayelitsha, was stabbed to death on 2 May 2021. She was lesbian and her relatives and activists believe her murder was a hate crime.
The accused, Bongani Ngadleka, was arrested soon after the murder. But after several delays in the investigations and four court postponements, the case was removed from the court roll on 14 December 2021.
--
ALSO READ: New Johannesburg mayor is from openly queerphobic party
The case was brought back to court on 5 May 2022 following action by activists at Free Gender.
In October 2022, the case was again postponed because the prosecutors were not in court and the matter was remanded for trial in January 2023 at a hearing later that month.
--
The trial was expected to start on 18 January, but the accused was not at court due to transport issues at Pollsmoor Prison. This happened again on 19 January. This case has been postponed 15 times since May 2022.
On Friday 27 January, Ngadleka was found not guilty on the charge of murder. The magistrate found the case had failed to present sufficient evidence.
On Thursday 26 January, state witness Abongile Ngalo told the court that the night Mqathanya was stabbed, he and his friends were drinking at his house when she joined them with three other girls. Phelokazi was my friend, he said.
Her family believe her murder was a hate crime. Members of Free Gender protested at Khayelitsha Remembrance Square outside the magistrate's court in September. (Photo: Mary-Anne Gontsana) via Mambaonline
Ngalo said that the accused had arrived about 20 minutes after Mqathanya and her friends, who had been sitting in the kitchen area of the house.
Bongani wasn't a friend, but I knew him from [the community]. He started dancing but we never paid much attention to him. At one point I saw him going to the kitchen but from where I was sitting, I didn't see if he had spoken to Phelokazi and her friends. While he was in the kitchen I didn't hear any commotion or arguments. After about 10 minutes I saw him leave the house, he said.
Ngalo said Mqathanya had gone outside, apparently to get a lighter for her cigarettes. About 20 minutes later he went out to buy more alcohol and that's when he saw her lifeless body lying outside on the corner of his home.
Ngalo testified that he did not see Ngadleka or anyone else at the scene.
Ngadleka's legal aid lawyer argued that the State's witness did not place his client at the crime scene nor did he see any communication happen between his client and the deceased.
The lawyer said it was unfortunate and unfair for Ngadleka to be behind bars when there was no evidence proving that he had committed the crime.
It was revealed in court that the state was meant to call a second witness to testify, but had not been able to find her.
The investigating officer has on numerous occasions visited the second witness's home but she was not there. The investigating officer was later told by the witness's mother that she is working on a farm in Malmesbury but her mother didn't know which farm, the prosecutor told the court. It was alleged that this was the witness who had seen the accused leaving the crime scene.
The magistrate ruled that the State had failed to produce tangible evidence that Ngadleka had killed Mqathanya. There is absolutely no evidence linking the accused to the offence, said the magistrate.
After the verdict, Free Gender's Funeka Soldaat said, This case was handled badly from the beginning which is why we are in this situation. Even at the last minute, we were the ones who had to go look for witnesses for this case. It is a very painful thing.
Phumeza Ndlwana, Mqathanya's sister, said, As a family we are not at peace. But then again that's how the South African justice system is. We will never be at peace.
I blame the police because they handled this case badly from the start. For instance, when we went to identify my sister's body, we were given her bloody clothes in a plastic bag and told to take them to the investigating officer at the police station. Weren't they meant to retrieve the clothes as evidence?
We went to the police station numerous times before going to the Eastern Cape for Phelokazi's funeral and each time we'd go we would be told that the investigating officer is not there, said Ndlwana.
Article by Mary-Anne Gontsana
This article was initially published on MAMBAonlie.com
CLICK HERE TO READ MORE ARTICLES BY Mambaonline.com
Financial freedom helps to reduce the burden of living from paycheck to paycheck. Read more here!
Africa Stories
22/03/2023
Tonight on Imbewu: Sibongile isn't feeling well, Zithulele wants to get her ...
22/03/2023
Tonight on Muvhango: Khumo finds out that Tshifhiwa is now a part of MMCDon't miss out on the latest drama in Muvhango! Muvhango episodes airs on SABC2 from...
22/03/2023
Tonight on Uzalo: Nkunzi is perturbed to see an old enemy in his turfDon't get left behind, catch up on Uzalo now! Episodes of Uzalo air on SABC1 from Monda...
22/03/2023
Tonight on The River: Cobra is confronted with the consequences of his actionsWatch tonight's episode of The River and catch the latest episode every weekda...
22/03/2023
Tonight on Skeem Saam: Rathebe bids farewell to Turf and all that comes with itFind out what's going on tonight on Skeem Saam!. Skeem Saam episodes airs on ...
22/03/2023
African Proverb of the day: 22 March 2023A proverb reflects and reveals a community's culture that provides a glimpse into its value systems, beliefs, and a...
22/03/2023
Poem of the day: Forgiveness Is DivineA poem a day keeps the soul awake! For the most soulful, authentically African poetry on the internet, check out Poem of t...
22/03/2023
Skeem Saam' fans contact Mrs Kgomo and defend Lizzy Skeem Saam' fans took a screenshot of Mrs Kgomo's number from the show, sent her a message to in...
22/03/2023
Amnesty urges Uganda leader to reject appalling' anti-LGBTQ billAmnesty International urged Uganda's President Yoweri Museveni Wednesday to reject a to...
22/03/2023
Streaming TODAY: New streaming releases on 22 March 2023Looking for something to watch tonight? Check out all the new streaming releases from all your favourite...
22/03/2023
Tonight on Gqeberha: Nozuko is gunning for AnathiDon't miss tonight's episode of Gqeberha: The Empire, and watch the latest episode on Mzansi Magic from...
22/03/2023
Tonight on Generations: The Minister and police commander are conspiring againKeen to know what's happening on the latest episode of Generations: The Legacy...
22/03/2023
Tonight on 7de Laan: Amorey makes a confession to AlexaDon't miss out on what's happening on tonight's episode of 7de Laan and Catch the latest epis...
22/03/2023
Tonight on House of Zwide: Senzo is encouraged to finally take control of his ow...
22/03/2023
Tonight on Scandal: Tebello is flying high when he learns about Nqobile's pa...
22/03/2023
Tonight on Gomora: Sibongile tells Tshiamo she doesn't want a babyDon't miss out on what's happening on tonight's episode of Gomora, and watch t...
22/03/2023
Daily devotion: Your bible verse and prayer for 22 March 2023GOOD MORNING! Here's your daily bible verse and prayer to get you ready and excited about your ...
21/03/2023
Tonight on Skeem Saam: Mr Kgomo plays reverse psychology on Mrs KgomoFind out what's going on tonight on Skeem Saam!. Skeem Saam episodes airs on SABC1 Mond...
21/03/2023
SKEEM SAAM: Tonight's episode, 21 March 2023 [VIDEO]Missed an episode of Skeem Saam? No problem! Watch all the latest episodes of Skeem Saam soapie right he...
21/03/2023
7de Laan live updates: Sudesh is still evasive when Zee confronts himWhat's new on 7de Laan? Find out HERE! Stay informed on what's trending on your fav...
21/03/2023
HOUSE OF ZWIDE: Episode for 21 March 2023 [VIDEO]Missed an episode of House of Zwide? No problem! Watch all the latest episodes of House of Zwide soapie right h...
21/03/2023
Skeem Saam live updates: Mr Kgomo plays reverse psychology on Mrs KgomoWhat's new on Skeem Saam? Find out HERE! Stay informed on what's trending on your...
21/03/2023
SCANDAL: Tonight's episode, 21 March 2023 [VIDEO]Missed an episode of Scandal ? No problem! Watch all the latest episodes of Scandal soapie right here. Don&...
21/03/2023
House of Zwide live updates: Senzo's complaints land on deaf earsWhat's new on House of Zwide? Find out HERE! Stay informed on what's trending on yo...
21/03/2023
GENERATIONS: Tonight's episode, 21 March 2023 [VIDEO]Missed an episode of Generation The Legacy? No problem! Watch all the latest episodes of Generation The...
21/03/2023
Gomora live updates: Zodwa misses the showcase because she has passed outWhat's new on Gomora? Find out HERE! Stay informed on what's trending on your f...
21/03/2023
UZALO: Tonight's episode, 21 March 2023 [VIDEO]Missed an episode of uzalo? No problem! Just watch all the latest episodes of uzalo soapie right here, don...
21/03/2023
3 top spoilers from The Wife trailer [watch]The Wife's new teaser for this week's episode has everyone excited as the truth will hopefully be revealed
...
21/03/2023
Scandal live updates: Vuvu makes a radical decision to protect her childrenWhat's new on Scandal? Find out HERE! Stay informed on what's trending on you...
21/03/2023
Generations - The Legacy live updates: Pele just takes it when his ex physically...
21/03/2023
Imbewu - The Seed live updates: Khemisi convinces Fikile to go along with his pl...
21/03/2023
Uzalo live updates: Nomaswazi finds herself having to choose between her family ...
21/03/2023
Muvhango live updates: Tshifhiwa surprises Khumo & Khumo seems to be smittenWhat's new on Muvhango? Find out HERE! Stay informed on what's trending on y...
21/03/2023
The River live updates: Cobra eventually wins Angelina's supportWhat's new on The River? Find out HERE! Stay informed on what's trending on your fav...
21/03/2023
MUVHANGO: Tonight's episode, 21 March 2023 [VIDEO]Missed an episode of Muvhango? No problem! Watch all the latest episodes of Muvhango soapie right here, do...
21/03/2023
Tonight on Scandal: Vuvu makes a radical decision to protect her childrenGet to know what's happening on tonight's episode!. Scandal episodes airs on e....
21/03/2023
Tonight on 7de Laan: Sudesh is still evasive when Zee confronts himDon't miss out on what's happening on tonight's episode of 7de Laan and Catch the...
21/03/2023
Tonight on Gomora: Zodwa misses the showcase because she has passed outDon't miss out on what's happening on tonight's episode of Gomora, and watch ...
21/03/2023
Tonight on Muvhango: Tshifhiwa surprises Khumo & Khumo seems to be smittenDon't miss out on the latest drama in Muvhango! Muvhango episodes airs on SABC2 fr...
21/03/2023
Tonight on The River: Cobra eventually wins Angelina's supportWatch tonight's episode of The River and catch the latest episode every weekday at 20:00 o...
21/03/2023
Can't act or sing': The Wife', Bongo Maffin fans troll Stoan Seate You're a terrible actor and musician': The Wife and and Bongo Maffin fan...
21/03/2023
You': Season four twist was in the works for several seasons' You' season four showrunner revealed that the huge plot twist in season four has been...
21/03/2023
Poem of the day: Live LifeA poem a day keeps the soul awake! For the most soulful, authentically African poetry on the internet, check out Poem of the day.
by ...
21/03/2023
Prof Tim Noakes slammed for homophobic cartoon retweetSouth African professor Tim Noakes must explain, apologise for resharing a cartoon on Twitter associating ...
21/03/2023
Namibia: Supreme Court keeps gay couple's son in limboThe child of a same-sex couple in Namibia will remain without citizenship following a devastating ruli...
21/03/2023
Actor Thabiso Rammusi discusses his Adulting' role as MphoTalented actor Thabiso Rammusi, who plays Mpho in Adulting' says he relates to his character...
21/03/2023
Calm Down: Nigerian singer inspired a powerful protest in IranAs Calm Down began topping European charts, Lo c's kinetic response began attracting social me...
21/03/2023
Streaming TODAY: New streaming releases on 21 March 2023Looking for something to watch tonight? Check out all the new streaming releases from all your favourite...
21/03/2023
Three bombshells from latest Real Housewives of Durban' episodeFrom Nonku trolling Maria's lips to helicopter gate', here are three bombshells fro...
21/03/2023
Tonight on Gqeberha: Anathi unwittingly thwarts Nozuko's big plans with Luzu...