Sony Pixel Power calrec Sony

Murdered Khayelitsha: Family say justice system failed them

03/02/2023

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!
LINK: https://www.thesouthafrican.com/culture/lgbtqia/murdered-khayelitsha-f...
See more stories from thesouthafrican

Most recent headlines

05/01/2027

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be demoed at CES 2026

Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...

04/08/2026

Dalet Announces Commercial Availability of Dalia, Bringing Media-Aware Agentic AI to Enterprise Productions

Dalet, a leading technology and service provider for media-rich organizations, t...

04/07/2026

Detective Conan: Fallen Angel of the Highway Opens in Dolby Cinemas Across Japan, Presented in Dolby Atmos and Dolby ...

April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...

01/06/2026

Dolby Sets the New Standard for Premium Entertainment at CES 2026

January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026 Throughout the week, Dolby brings to life the latest innovatio...

02/05/2026

Dalet Flex LTS Delivers Smarter Search, Faster Editing, and an AI-Ready Foundation for Modern Media

Dalet, a leading technology and service provider for media-rich organizations, t...

01/05/2026

NBCUniversal's Peacock to Be First Streamer to Integrate Dolby's Full Suite of Premium Picture and Sound Innovations

January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...

17/04/2026

World Fencing League Announces DAZN as Global Streaming Partner Ahead of April 25 Debut

The World Fencing League (WFL) has announced DAZN as its primary global streamin...

17/04/2026

NAB 2026: ARRI Releases ALEXA 35 SUP 6.0 and LPS-1 SUP 1.3 Software Updates

ARRI Releases ALEXA 35 SUP 6.0 and LPS-1 SUP 1.3 Software Updates ARRI has announced software updates for its ALEXA 35 Live camera and Live Production System L...

17/04/2026

NAB 2026: Sennheiser Announces Spectera Studio System Planner for Spectera Wireless Ecosystem

Sennheiser has announced Spectera Studio, an offline system planner for its Spec...

17/04/2026

Deltatre and DFB Announce DFB.TV+ Streaming Service, Launching May 22

Deltatre and the German Football Association (DFB) have announced DFB.TV+, a DFB-owned direct-to-consumer streaming service developed and operated by Deltatre. ...

17/04/2026

IMG announces senior leadership roles for next phase of growth

Global sports marketing agency IMG has announced new senior leadership roles, designed to strengthen how it supports rightsholders and partners in the midst of ...

17/04/2026

NAB 2026: NAGRAVISION and Harmonic Launch Watermarking-as-a-Service for Live Event Streaming

NAGRAVISION and Harmonic have announced a watermarking-as-a-service solution for...

17/04/2026

NAB 2026: NETGEAR and EVS Announce Technology Partnership for AV-over-IP Live Production

NETGEAR and EVS Broadcast Equipment have announced a global technology partnersh...

17/04/2026

NAB 2026: Americas Broadcasters Launch NEXTGEN TV Converter Box Program

America's broadcasters are launching the NEXTGEN TV Converter Box Program, a new initiative designed to provide millions of American viewers with a low-cost...

17/04/2026

NAB 2026: Quantum to Showcase Tape-Anchored Storage Workflows, Responds to Industry Supply Chain and Power Disruption

Quantum Corp. will exhibit at NAB Show 2026 (Booth N1726), presenting what it ca...

17/04/2026

SVG Marks 20th Anniversary with Plan to Set Course for the Future

Leadership and Staff Announce '20/20 Vision' Playbook...

17/04/2026

TNT Sports Acquires U.S. Broadcast Rights to FIA World Endurance Championship

TNT Sports has announced a multi-year agreement for U.S. media rights to the FIA World Endurance Championship (WEC). Three events will air on truTV - the 24 Hou...

17/04/2026

Scripps Sports and PBR Announce Multi-Year Broadcast Partnership for Premier Womens Rodeo

Scripps Sports has announced a multi-year broadcast partnership with PBR (Profes...

17/04/2026

NAB 2026: Adder Technology Releases AIM 6 IP KVM Matrix Management Software

Adder Technology, a specialist in connectivity solutions and high performance IP KVM, today announced the latest release of AIM, its IP KVM matrix management so...

17/04/2026

Victory+ and Dallas Cowboys Announce Multi-Year Content Streaming Partnership

Victory , a free sports streaming platform from A Parent Media Co. Inc. (APMC), has announced a multi-year content distribution partnership with the Dallas Cowb...

17/04/2026

SVG GameDay, Ep. 11: Philadelphia Phillies Arianna Krizek - Baseball at the Bank

In-venue and creative video staffers at the professional and collegiate level have one major thing in common: the intensity and attention to detail ramps up dur...

17/04/2026

Quickplay Deploys Gray Medias New Streaming Platform - Powered by Google Cloud AI - Across 113 Markets

Quickplay has announced the full-scale deployment of Gray Media's streaming ...

17/04/2026

NAB 2026: Clear-Com's New FreeSpeak Cell Addresses Spectrum Congestion

Clear-Com has introduced the FreeSpeak Cell cellular-based wireless intercom system that uses LTE and 5G infrastructure to support large-scale production commun...

17/04/2026

2026 NAB Show Opens Tomorrow, Bringing Industry Together in Vegas

The 2026 NAB Show kicks off Saturday, April 18, with the show floor and exhibits opening April 19-22 at the Las Vegas Convention Center. The show features more ...

17/04/2026

Ratings Roundup: CBS Tees Up Best Masters Since 2015; NBA Sees Big Regular Season Increases

Ratings Roundup is a rundown of recent rating news and is derived from press rel...

17/04/2026

Nuvo Flight mic kit from AEA

Versatile ribbon mic kit revealed The latest arrival to the AEA line-up brings together three contrasting models from their Nuvo range, delivering a versati...

17/04/2026

MPG Awards 2026: Winners announced

Revealed following sold-out MPG Awards ceremony Following another sold-out MPG Awards ceremony at The Troxy in London, the MPG have released a full list of ...

17/04/2026

Maintaining America's Undersea Edge: L3Harris Secures Towed Array Production Through 2029

L3Harris towed array systems provide U.S. Navy submarines with extended acoustic...

17/04/2026

Microsoft Previews 2026 NAB Show Trends, Plans

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

2026 NAB Show Exhibitor Insight: LTN

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

Vizrt To Feature Newly Introduced AI Keyer At 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

Cobalt Digital and SineSix Media Partner to Transform Acc...

Cobalt Digital and SineSix Media Partner to Transform Accessibility Compliance into a More Engaging Viewer Experience at NAB Show 2026 Collaboration integrates...

17/04/2026

Appear appoints Mike Burk as Vice President of Business D...

Strengthening Appear's North America team with a new Vice President of Business Development Appear ASA (Appear, OSE: APR), a global leader in live producti...

17/04/2026

Wowza Launches Video Intelligence Framework to Turn Live...

New framework helps broadcasters, streaming platforms, and sports organizations apply AI to live video for monetization, metadata, highlights, and downstream wo...

17/04/2026

VisualOn and Cires21 Release Joint Research at NAB 2026 S...

New whitepaper gives broadcasters and OTT operators independent, codec-by-codec evidence that the VisualOn Optimizer transforms viewer quality of experience. V...

17/04/2026

Blackmagic Design Announces New Blackmagic URSA Cine Immersive 100G

Blackmagic Design Announces New Blackmagic URSA Cine Immersive 100G Brie Clayton April 17, 2026 0 Comments World's first immersive cinema camera f...

17/04/2026

NAB 2026: Vubiquity and Eluvio Showcase Streaming Solution that Significantly Reduces Distribution Costs and Time to Market

NAB 2026: Vubiquity and Eluvio Showcase Streaming Solution that Significantly Re...

17/04/2026

What Makes a Good Marathon Running Playlist?

What Makes a Good Marathon Running Playlist? We asked Xander Dawson, an eighth-semester saxophone major at Boston Conservatory running the Boston Marathon thi...

17/04/2026

Wowza Launches Video Intelligence Framework

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

PTZOptics and Moondream to Demo Visual Reasoning for Live...

At NAB Show 2026, PTZOptics (Booth N1902) will showcase a live sports streaming demo created in collaboration with Moondream, offering a new look at how Visual ...

17/04/2026

Eindhoven University of Technology relies on Lightware T...

The Eindhoven University of Technology is a research university in the Netherlands spanning 25 buildings, specialising in engineering, science and technology. D...

17/04/2026

Documentary Editor - US, Remote

Documentary Editor - US, Remote Brie Clayton April 17, 2026 0 Comments Documentary Editor April 13, 2026Freelance Video Cameraman - Los......

17/04/2026

Blackmagic Design Announces New Blackmagic URSA Cine 12K LF 100G

Blackmagic Design Announces New Blackmagic URSA Cine 12K LF 100G Brie Clayton April 17, 2026 0 Comments Revolutionary digital film camera brings cinem...

17/04/2026

IAB: Digital Ad Revenue Hit Nearly $300 Billion in 2025

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

PSSI Global Acquires Beagle Networks

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

FCC Commissioner Gomez to Speak at LPTV Day at 2026 NAB Show

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

swXtch.io Introduces the swXtch AI Router for Live Media Workflows

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

Bittree Returns to NAB Show with Diverse Patching Solutions

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

Weigel Broadcasting Taps OpenAP for Advanced Advertising Tools

Share Copy link Facebook X Linkedin Bluesky Email...

17/04/2026

Dubformer and Adapt Power Goalcast Expansion into Global...

Dubformer, the AI-powered dubbing platform, and Adapt, a global leader in AI-driven localization and dubbing solutions, have enabled Goalcast, the inspirational...