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 ...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
04/06/2026
Sony Electronics is introducing the SRG-AS10, a 4K 60p-compatible PTZ auto-frami...
04/06/2026
This recent grad from Spring, TX, led creative-video output for the Aggies' men's basketball team last season and has been producing video and creating ...
04/06/2026
For the first time at a women's golf major, every player in the field will r...
04/06/2026
Three Panasonic PT-RQ45 40,000-lumen 3-Chip DLP projectors made their first live...
04/06/2026
Bitmovin and Akamai have announced a collaboration with NRJ Group, a French mult...
04/06/2026
Telestream will exhibit at InfoComm 2026 (Booth N7952), demonstrating media work...
04/06/2026
Sony has announced the development of RIALTO 65, a 65mm format image sensor block for the VENICE 2 digital cinema camera, targeting release in the first half of...
04/06/2026
KOKUSAI DENKI Electric America will exhibit at InfoComm 2026 (Booth N8025, June ...
04/06/2026
Bell Media's TSN and RDS are the exclusive Canadian broadcasters of FIFA Wor...
04/06/2026
The Challenge: Receiving Heavy Media Files From Road Games Quickly and ReliablyT...
04/06/2026
MASV, a managed file transfer platform used in broadcast and live sports product...
04/06/2026
NESN has announced the appointment of Fahad Haider as Vice President of Operations and Engineering. Haider returns to NESN, where he previously served as Vice P...
04/06/2026
David J. Halberstam, who spent almost 50 years in sports as a broadcaster and an executive, died June 2 after a years-long battle with brain cancer.
Over his l...
04/06/2026
Although collegiate production programs are tasked with delivering high-quality ...
04/06/2026
California studio, two production trucks, global distribution system are combine...
04/06/2026
New global program empowers and supports storytellers through scriptwriting course and access to industry experts
TikTok and Sundance Institute today announce...
04/06/2026
Steinberg DAWs now boast in-depth Tonalic integration
Celemony's innovative virtual session musician plug-in has just received an update that brings ARA...
04/06/2026
Get Hands-On With Over 20 Mic Brands
GearExpo UK is fast approaching, and if you've been looking for a chance to check out some new mics, then you'r...
04/06/2026
Combos feature new Amplifier Intelligence engine
Positive Grid's latest release sees the company introduce two new combo amplifiers that promise to offe...
04/06/2026
Is Your Job Making You Work this June?
4 June, 2026
Media releases
SBS Launches the World Cup Watchers' Rights Association to Stand Up For Australians&...
04/06/2026
Statement regarding unauthorised use of SBS logos on third party social content
4 June, 2026
Media releases
SBS has become aware of social media posts in c...
04/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/06/2026
Bitmovin, a leading provider of video streaming infrastructure, and Akamai, the cybersecurity and cloud computing company that powers and protects business onli...
04/06/2026
American Underground (AU), the Startup Hub of the South and a community of mor...
04/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
04/06/2026
NVIDIA and Microsoft Reinvent Windows PCs for the Age of Personal AI
Brie Clayton June 3, 2026
0 Comments
RTX Spark - a 1-Petaflop Superchip, the Full...
04/06/2026
Inside the Peaky Blinders: The Immortal Man Grade
Brie Clayton June 3, 2026
0 Comments
Simone Grattarola discusses shaping the look in DaVinci Resolve...
04/06/2026
Cine Gear Expo Announces 2026 Awards of Excellence Recipients
Brie Clayton June 3, 2026
0 Comments
Ed Lachman ASC, Caleb Deschanel ASC, and M. David M...
04/06/2026
St. Vincents Live with Orchestra Tour to Feature Berklee Alum Ruby Plume Berklee alumni St. Vincent and Ruby Plume will appear on the same bill across seven d...
04/06/2026
Back to All News
All the Truth in My Lies Coming to Netflix on August 28
Entertainment
04 June 2026
GlobalSpain
Link copied to clipboard
Download the imag...
04/06/2026
Back to All News
Larry Tanz, VP of Content, EMEA, Delivers a Keynote Speech at ...
04/06/2026
Back to All News
Turn Your Living Room into a Stadium With the New FIFA World ...
04/06/2026
Keeping conversations real on LinkedIn Published on Jun 4, 2026 Categories: Product News
LinkedIn Corporate Communications
Share
LinkedIn
Facebook ...
04/06/2026
BackStory follows four Irish young people as they travel back to their parents' homelands
Modern Irish identity is enriched by cultures and influences from...
04/06/2026
June's forecast with GeForce NOW: 100% chance of gaming.
GeForce NOW is lining up new adventures for the month, from big-name blockbusters to quirky indies...
03/06/2026
SES and Viva, Mexico's ultra low-cost airline, have launched multi-orbit satellite inflight connectivity on Viva's Airbus aircraft. A total of 60 A320s ...
03/06/2026
The College Football Playoff, ESPN, and TNT Sports have announced kick times and...
03/06/2026
RED Digital Cinema will exhibit at Cine Gear Expo 2026 (Booth 33, June 5-6, Universal Studios Lot), hosting three panels and hands-on product demonstrations.
P...
03/06/2026
Roku has announced the Soccer Zone, a dedicated hub for FIFA World Cup 2026 content available across the United States, Canada, Mexico, Brazil, Colombia, Argent...
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.
