
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 ...
10/11/2026
ENCO provided live stage captioning, multilingual translation and new audio pass-through services at NAB Show New York, held Oct. 21-22 at the Javits Center, an...
10/11/2026
Vizrt has built a proof-of-concept integration with the Story Object Model (SOM), shown at IBC 2026 in Amsterdam as part of the Smart Stories Accelerator projec...
10/11/2026
Gravity Media's Creative and Managed Services team produced a dedicated live 9:16 vertical broadcast workflow for Meta Connect 2026. Meta asked for more tha...
10/11/2026
Blue Stream Fiber has standardized its OTT streaming services on Ateme's end-to-end video platform for its high value linear channels, providing more effici...
10/11/2026
Haivision has opened the survey for its 2027 Broadcast Transformation Report, inviting broadcast, media, and production professionals worldwide to share their p...
10/11/2026
The League of Live Stream Theater (LOLST), the nonprofit organization partnering...
10/11/2026
USA Sports and The Horse Racing League (HRL) has announced a partnership to air ...
10/11/2026
Matrox Video has launched The Sync, a new video podcast series bringing together Matrox Video experts, customers, and partners to explore the technical and busi...
10/11/2026
The CW Network and Professional Bull Riders (PBR) have announced a new multi-yea...
10/11/2026
There is a certain irony that Chip Adams was turned down when he first looked in...
10/11/2026
Pliant Technologies' CrewCom Flex product line is now shipping in the United States. As a frameless matrix intercom system and complete matrix IP-based inte...
10/11/2026
PARK CITY, Utah (November 10, 2026) The Sundance Institute today announced the appointment of Allison Graff-Weisner as its new Chief Development Officer (CDO)...
10/11/2026
New tool humanises orchestral MIDI parts
Described as a session musician inside your DAW, VSL's latest plug-in aims to make quick work of making program...
10/11/2026
Free EQ launched alongside four major updates
PSPaudioware have just launched their latest free plug-in, along with a set of updates that bring modern OS co...
10/11/2026
Save 25% throughout November 2026
Following the recent release of Cubase 16, regular SOS contributor John Walden has announced that he will be running a 25%...
10/11/2026
Set to launch in early 2027
The latest version of Ableton's DAW software has just been unveiled, and will be making an official appearance in early 2027...
10/11/2026
IoT devices use a wide range of frequency bands below 6 GHz, from Sub-GHz LPWAN sensors to 5G and Wi-Fi systems. Lower frequencies such as 433 MHz, 868 MHz, 915...
10/11/2026
A ceramic patch GPS antenna may fit mechanically but still perform poorly if it is too small, incorrectly orientated, placed near noisy electronics or installed...
10/11/2026
A GPS antenna ground plane provides the conductive RF reference a ceramic GPS/GNSS patch needs, but that does not always mean the product PCB must provide it. T...
10/11/2026
An external GPS antenna is usually the better option when the product enclosure ...
10/11/2026
New R&S FNH combines spectrum analysis, vector network analysis and power meteri...
10/11/2026
eds3_5_jq(document).ready(function($) { $(#eds_sliderM519).chameleonSlider_2_1({...
10/11/2026
Buyers can now access custom CTV deals across on-demand and live content
NEW YORK, November 10, 2026 - Gracenote, Nielsen's content intelligence business, ...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Clear-Com supported On Air 2026, a 24-hour student-led broadcast connecting 45 universities across 30 countries. Using Station-IC virtual intercom panels, an ...
10/11/2026
Matrox Video today announced the launch of The Sync, a new video podcast series bringing together Matrox Video experts, customers, and partners to explore the t...
10/11/2026
Adobe Brings Agentic AI to the Content Supply Chain with CX Enterprise Coworker
Brie Clayton November 10, 2026
0 Comments
Adobe empowers brands to bui...
10/11/2026
Amplify Berklee Gala Raises More Than $1.3 Million for Berklee City Music Schola...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Grass Valley K-Frame switching and LDX cameras support live sports production at the Northwestern Wildcats' new stadium, providing a common technology platf...
10/11/2026
The League of Live Stream Theater (LOLST), the nonprofit organization partnering with theaters and producers to bring live theater to audiences worldwide throug...
10/11/2026
COW Jobs: Several remote positions at Chakrra
Brie Clayton November 10, 2026
0 Comments
Several remote positions at Chakrra
November 6, 2026COW Jobs...
10/11/2026
Blackmagic Design Unites Live Solutions for Reggae Land 2026
Brie Clayton November 10, 2026
0 Comments
Festival relies on ATEM Constellation 8K and UR...
10/11/2026
Where Video Editors Earn the Most and Where the Paycheck Goes Furthest
Mark Santos November 10, 2026
0 Comments
Sooner or later every editor asks what...
10/11/2026
Caroline Davis to Perform with Berklee Student Ensemble for Signature Series Con...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
New Compact industry-standard Support Fits in the Trunk of a Small Car
Pioneering C-Stand innovator, Matthews Studio Equipment, introduces the 33 Sliding Leg...
10/11/2026
Following a decision by Magyar Telekom's Board of Directors, Tibor R kasi wi...
10/11/2026
Tuesday 10 November 2026
What happened to Amy? New true crime series, Don't...
10/11/2026
Key Takeaways
Quickline replaces legacy CMTS hardware with Harmonic's vir...
10/11/2026
Recording samples and making a holiday-themed soundtrack On a mission to record the next holiday hit, Focusrite product specialist, Alex sets off to record sa...
10/11/2026
Today, Apple announced a new accessibility feature for the Apple TV app that giv...