
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
06/10/2025
France T l visions, France's leading broadcaster, has received the 2025 EBU ...
04/09/2025
Monumental Sports & Entertainment (MSE), in collaboration with Dalet, has been a...
15/06/2025
July 2025 in Dublin, Berlin, Amsterdam & London
Photo: Thea Martre
Music Production for Women (MPW) have announced that they will be running a series of fo...
15/06/2025
Composer/producer launches free virtual instruments
Sulcata Sound is the latest venture of Jason Graves, a two-time British Academy Award-winnning composer,...
14/06/2025
NEW YORK Pluto TV and the All Womens Sports Network have launched a free ad-supported streaming TV (FAST) AWSN channel in the U.S., Canada, the U.K. and the Nor...
14/06/2025
NEW YORK and CINCINNATI E.W. Scripps has announced a new, multiyear agreement with the WNBA that will continue Ions regular-season coverage of the league on Fri...
14/06/2025
WASHINGTON The National Association of Broadcasters highlighted the hidden importance of spectrum in the production of major sporting events and described wha...
14/06/2025
WASHINGTON Sunsetting ATSC 1.0, expanding business opportunities for NextGen Broadcast and increasing international adoption of the ATSC 3.0 standard were top o...
14/06/2025
SAN FRANCISCO Samba TV and Acxiom have announced that they will dramatically expand their longstanding relationship....
14/06/2025
July 2025 in Dublin, Berlin, Amsterdam & London
Photo: Thea Martre
Music Production for Women (MPW) have announced that they will be running a series of fo...
14/06/2025
San Francisco State University's School of Cinema Uses Blackmagic Design
Brie Clayton June 13, 2025
0 Comments
More than 40 Blackmagic Design came...
14/06/2025
Boris FX Mocha Pro Adds New AI Tools To Tackle VFX Tasks Fast
Jessie Electa Petrov June 13, 2025
0 Comments
The 2025.5 release helps artists work more...
14/06/2025
AJA Debuts DRM2-Plus Mini-Converter Frame at InfoComm 2025
Brie Clayton June 13, 2025
0 Comments
Next-gen frame addresses diverse rackmount needs wit...
13/06/2025
(L-R) Lindsay Utz, Michelle Walshe, and The Right Honourable Dame Jacinda Ardern attend the 2025 Sundance Film Festival premiere of Prime Minister at Eccles T...
13/06/2025
Photo credit: Atsushi Nishijima
If you're a true lover of rom-coms, chances...
13/06/2025
Pure Drama and Fierce Rivalries set to dominate the world's most iconic spor...
13/06/2025
Johannesburg, 12 June 2025 - The National Film and Video Foundation (NFVF), an a...
13/06/2025
ABILENE. Texas A severe storm knocked down the tower and severely damaged the news studio and main facility of Sinclair-owned KTXS here on Sunday, June 8....
13/06/2025
Berklee's Music Business/Management Department Recognized by the Music Biz A...
13/06/2025
WASHINGTON The ATSC, the Broadcast Standards Association, honored veteran technologist Aldo Cugnini and Clarence Hau, Senior Vice President of Standards, Policy...
13/06/2025
(Editor's note: The 2025 UFL Championship Game between the D.C. Defenders and Michigan Panthers kicks off Saturday, June 14, at 8 p.m. Eastern. The game wil...
13/06/2025
New iPad/iPhone synth App announced
Following on from last year's release of Gradient Synth - which reached #6 on the App Store's Paid Music charts ...
13/06/2025
LONDON Warner Bros. Discovery has announced that HBO Max will launch direct-to-consumer in multiple new countries this July as the streamer becomes available in...
13/06/2025
AI voice transcription and captioning platform Verbit has added a new feature to its Captivate ASR solution the ability to identify specific features in automat...
13/06/2025
WASHINGTON Federal Communications Commission member Anna Gomez has wrapped up two weeks in California visiting broadcasters, television studio executives, enter...
13/06/2025
WASHINGTON The U.S. House of Representatives voted mostly along party lines to approve a rescission package that would cancel $9.4 billion in previously approve...
13/06/2025
At InfoComm 2025, AJA Video Systems announced DRM2-Plus, an intuitive, high-capacity 3RU frame that can neatly house up to 24 AJA Mini-Converters. Tailored to s...
13/06/2025
Cinema advertising leader to leverage AOS and suite of AI-enabled solutions to optimize forecasting, yield management, and streamlined ad sales and operations a...
13/06/2025
Manfrotto has launched the ONE Hybrid Tripod, a new support system designed specifically for professional content creators working with mirrorless cameras acros...
13/06/2025
Leading video software provider, Synamedia, today announced that its Media Edge Gateway (MEG), an ATSC 3.0 software-based IRD, now supports Device Security requ...
13/06/2025
LiveU, the global leader in live IP-video contribution, production and distribution solutions, is deepening its commitment to the German-speaking market with th...
13/06/2025
Chaos, the leader in architectural visualisation software, today announces Chaos Corona 13, giving archviz designers new ways to add eye-catching style and flai...
13/06/2025
PALI's Nena Music Video Shot with Blackmagic Design
Brie Clayton June 12, 2025
0 Comments
Blackmagic Cinema Camera 6K and DaVinci Resolve Studio b...
13/06/2025
OddBeast Powers Up iRobot's Newest Roombas with Suite of CGI Launch Assets
Brie Clayton June 12, 2025
0 Comments
The motion design and production ...
13/06/2025
On Chick Coreas Birthday, a Newly Uncovered Archival Release The Visitors, composed by Corea and performed by vibraphonist Gary Burton and pianist Kirill Gers...
13/06/2025
In fulfilment of a recommendation by the Government's Expert Advisory Commit...
13/06/2025
SVG Sit-Down: Backblaze's Gleb Budman Talks Products, Partnerships, and the ...
13/06/2025
SVG Sit-Down: DAZN's Walker Jacobs Calls Streaming the FIFA Club World Cup ...
13/06/2025
New Sponsor Spotlight: Vecima Networks' Paul Strickland on How Improving QoE...
13/06/2025
Pitch Perspective: Where's Next for Specialty Cameras in Soccer? Leaders from Sky Austria and ACS discuss the possibilities of camera placement pitchside B...
13/06/2025
Premiership Rugby Final 2025: Vintage clash between Bath and Leicester gets full...
13/06/2025
Premiership Rugby Final 2025: TNT Sports gears up for Bath vs Leicester battle w...
13/06/2025
NCAA Men's College World Series: ESPN Adds Two-Point SupraCam, Invests in Ne...
13/06/2025
New FSWX signal and spectrum analyzer with novel architecture overcomes limits o...
13/06/2025
Apple today announced the addition of iPad to Self Service Repair, providing iPad owners with access to repair manuals, genuine Apple parts, Apple Diagnostics t...
13/06/2025
CUPERTINO, CALIFORNIA Apple today previewed iOS 26, a major update that brings a beautiful new design, intelligent experiences, and improvements to the apps use...
13/06/2025
At Apple's Worldwide Developers Conference (WWDC), Apple unveiled Apple Games, an all-new destination designed to help players jump back into the games they...
13/06/2025
Industrial AI isn't slowing down. Germany is ready.
Following London Tech Week and GTC Paris at VivaTech, NVIDIA founder and CEO Jensen Huang's Europea...
12/06/2025
In 2018, Spotify launched Heart & Soul, a mental health initiative developed to ...
12/06/2025
50 Years Strong: SBS and NITV Supercharge NAIDOC Week 2025 in a joint 50th celeb...