
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!
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
07/10/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...
08/09/2026
Comcast Technology Solutions (CTS) has announced a multi-year agreement with A E...
08/09/2026
Spectra Logic today announced the availability of Media Insight, a new capabilit...
08/09/2026
Rogers Communications and Quebecor have announced a 12-year sublicensing agreement for French-language national NHL games beginning with the 2026-27 season. TVA...
08/09/2026
Skyline Communications and Bridge Technologies will demonstrate two integrations...
08/09/2026
Boland Communications will make the European debut of its 4K55HDR7SNB 55-inch super-narrow-bezel monitor at IBC2026 (Stand 12.C57, RAI Amsterdam, September 11-1...
08/09/2026
Ateme and Comcast Technology Solutions (CTS) have announced a collaboration comb...
08/09/2026
Haivision has joined the IBC Accelerator Media Innovation Programme as part of t...
08/09/2026
Blackmagic Design has announced price reductions on its PYXIS 6K and Cinema Camera 6K models, effective immediately through Blackmagic Design resellers worldwid...
08/09/2026
AI-Media will demonstrate its LEXI Suite at IBC2026 (Booth 5.C34, September 11-1...
08/09/2026
Bitmovin and Ad Insertion Platform (AIP) have announced the first live deploymen...
08/09/2026
Grass Valley will demonstrate story-centric media workflows at IBC2026 (Booth 9.A01, RAI Amsterdam, September 11-14), connecting newsroom production, content ma...
08/09/2026
M2A Media and Ateme have announced a partnership integrating Ateme's video processing solutions into M2A Media's MediaToAnywhere platform for live sport...
08/09/2026
Ikegami will exhibit at IBC2026 (Stand 12.A31, RAI Amsterdam, September 11-14), including a Day 1 introduction of new cameras in the UNICAM XE series. Additiona...
08/09/2026
Broadcast industry analysts will be gathering plenty of insights at the 2026 IBC Show this weekend in Amsterdam, but Caretta Research has offered up some though...
08/09/2026
SENSHI and DAZN have announced a global broadcast partnership that will bring SENSHI's live events free to viewers in more than 200 markets. The partnership...
08/09/2026
New architecture built with Evertz will bring 4K HDR to Monday Night Football, N...
08/09/2026
Built for rap producers, by rap producers
Sauceware Audio, the independent plug-in company founded by Grammy-nominated producer Jacob (Travis Scott, 21 Sava...
08/09/2026
Classic Sound Techniques design revived
Warm Audio's latest release delivers a meticulous recreation of the preamp circuitry employed by the Sound Techn...
08/09/2026
Latest soft synth inspired by the Memorymoog
XILS Lab have just launched a software instrument that draws its inspiration from Moog's iconic Memorymoog,...
08/09/2026
The Airport Chaplain takes off as SBS's biggest launch of 2026
8 September, 2026
Media releases
1.67 million viewers on National Total TV to date
Best...
08/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/09/2026
Mo-Sys, the world-leading developer of virtual production, camera robotics and image tracking technology, has completed a business restructuring, which has incl...
08/09/2026
New York, September 8, 2026 The TSAmediaHUB audiovisual contribution and distribution infrastructure developed by Telef nica's Audiovisual Services area re...
08/09/2026
Expanded Riyadh operation brings Asharq and Thmanyah services together on a resilient on-premises Pebble platform.
Pebble, the leading automation, content mana...
08/09/2026
Techex, a pioneering leader in live video workflows, will showcase its broadest software feature set to date at IBC 2026 (Stand 2.B45), extending its lead in so...
08/09/2026
Visitors to Grass Valley's booth at IBC2026 will be introduced to new Framelight X capabilities that connect content acquisition, management, editing and pu...
08/09/2026
BCNEXXT will showcase the latest evolution of Vipe at IBC2026 (Stand 2.B09), introducing a series of innovations designed to deliver higher-quality audience exp...
08/09/2026
Bitmovin, a provider of video streaming solutions, has partnered with Ad Insertion Platform (AIP), a leading innovator in advanced ad insertion technologies, to...
08/09/2026
Brainstorm, a leading manufacturer of real-time graphics and augmented and virtual production, is announcing a major package of enhancements to its Suite 7 soft...
08/09/2026
Big Blue Marble is supporting TDF, French infrastructure and network operator, broadcasting Digital Terrestrial Television (DTT) and radio services, as a techno...
08/09/2026
Agents work inside a single production environment, from incoming wire copy to a live studio show...
08/09/2026
Building on their strategic partnership, Ceeblue and Layercake make the unthinkable possible: scalable sub-second streaming over standard DRM, SSAI, and CDN wor...
08/09/2026
Brainstorm, a leading manufacturer of real-time graphics, augmented and virtual production, is completing the environment for fast-paced broadcast production wi...
08/09/2026
A SaaS portfolio built to work together, helping operators grow audiences, monetise smarter and run leaner, on their own terms
At IBC 2026 (stand 1.B49) Synam...
08/09/2026
Accedo, global provider of video streaming software and services, has been selected by PlayOn Sports, a national leader in high school sports technology, to exp...
08/09/2026
LiveU, the leader in live IP-video solutions, is enabling The Associated Press to take global newsgathering to the next stage with intelligent connectivity and ...
08/09/2026
Mediagenix, a global leader in smart content solutions to profitably connect the right content to the right audience, today announced the latest evolution of it...
08/09/2026
Compact, power-efficient X Platform performance brings broadcast-grade reliability and ultra-low latency to space-constrained remote production (REMI) workflows...
08/09/2026
Zixi, the leader in live video delivery and workflow orchestration, and Kiloview, a leading provider of professional IP video encoding and decoding solutions, t...
08/09/2026
Collaboration gives content owners scalable CDN capacity and broadcasters enhanced flexibility, including for C-band transition planning
Quortex today announce...
08/09/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/09/2026
Tuesday 8 September 2026
Sky Go gets a major upgrade for Sky Glass and Sky Stream customers
Today, Sky launches a new version of the Sky Go app for Sky Glass ...
08/09/2026
Documentary thriller simulating a Russian attack on UK soil will culminate in a live final episode reuniting the playersTuesday 8 September 2026
Trailer releas...
08/09/2026
Tuesday 8 September 2026
Jamie Demetriou and Amelia Dimoldenberg to host next t...
08/09/2026
Wuppertal September 8, 2026
Riedel Introduces New OnAir Headset PlatformRiedel Communications today announced the launch of its new OnAir headset platform, a...
08/09/2026
BERLIN, September 8, 2026 - J nger Audio will introduce a major expansion of its flexAI audio processing platform at IBC 2026. The flexAI system adds autonomous...
08/09/2026
New Vendor-Agnostic Broadband Intelligence Fabric Reduces Operational Complexity and Improves Service Quality for Broadband Service Providers SAN JOSE, Calif. -...
08/09/2026
Arvato Systems Brings TI Expertise to the Stage
Panels, workshops, and real-world examples at the TI-SUMMIT 2026
Arvato Systems, a partner of the TI-SUMMIT 2...