
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 ...
06/09/2026
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
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...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
LTN, a global leader in IP-based video transport and network services, today announced that PBS has selected LTN as its IP video partner to modernize and future...
23/06/2026
LiveU will introduce its Q Era to Australia and New Zealand for the first time at ABE2026 on Stand No. 25, (July 30 31). Leading the showcase is the LU900Q, a n...
23/06/2026
Miri Technologies Inc. has begun shipping its highly anticipated V410 live 4K video encoder/decoder for streaming, IP-based production workflows and AV-over-IP ...
23/06/2026
DHD audio reports the completion of an upgrade to the audio production facilities at the Galilee headquarters of Radio Tzafon. The station broadcasts two progra...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/06/2026
Multifaceted Growth Executive Brings 20+ Years of Experience Leading Organizations Across Tech and M&E
Imagine Communications today announced the appointment ...
23/06/2026
Australians in Film and Screen Australia's talent development initiative UNT...
23/06/2026
Visual Productions Unveils RdmRelay2 Four-channel Relay Control at InfoComm 2026
Brie Clayton June 22, 2026
0 Comments
New Relay Solution Combines DMX, ...
23/06/2026
SMPTE Makes Its Standards Freely Accessible, Opening Standards Library to the Gl...
23/06/2026
The RT Toy Show Appeal has raised over 31 million since its inception in 2020 ...
23/06/2026
News Highlights:
NVIDIA technology runs 81% of the TOP500 and 90% of the systems new to the list.
26 systems on the TOP500 adopted the NVIDIA Grace CPU, up ei...
23/06/2026
Companies are asking how to build specialized AI that fits with the way their workflows actually run.
The first wave of enterprise AI was about access. Compan...
23/06/2026
Newly identified molecule strengthens the eye's response to damage in retinal disease Scripps Research discovery finds that restoring the naturally occurrin...
22/06/2026
Behind The Mic provides a roundup of recent news regarding on-air talent, includ...
22/06/2026
Cosm has announced the appointment of David Ho as Chief Legal Officer, a newly created executive role reporting to President and CEO Jeb Terry. Ho will oversee ...
22/06/2026
Warner Bros. Discovery and Amazon Web Services (AWS) have announced the developm...
22/06/2026
Daktronics has completed an audio control system upgrade at Petco Park in San Di...
22/06/2026
Accelerate Media has named John Willi as President and announced the launch of the Accelerate Sports Network (ASN), a prep sports media and streaming platform c...
22/06/2026
All Women's Sports Network (AWSN) and 3XBA (3 3 Basketball Association) have announced live television coverage of the annual 3XBA tournament on Friday, Jun...
22/06/2026
OWL AI has announced the appointment of Jay Prasad as Chief Executive Officer and member of the Board of Directors. Prasad succeeds Josh Gwyther, who has served...
22/06/2026
CP Communications delivered RF video and audio support for TNT's Inside the NBA at the 2026 NBA Finals, providing main show coverage in San Antonio and ea...
22/06/2026
Polymarket has announced a partnership with GRID, an official esports data platf...
22/06/2026
As sports venues continue to evolve into more video-centric, fan-engagement-driv...
22/06/2026
As the regional sports production scene shifts toward streaming, this Texan helps lead the engineering behind Victory+'s growing live platform...
22/06/2026
By Kristin Feeley, Director, Documentary Film & Artist Programs
the memories of your elders [are] a scaffolding for you to build your identity on - and t...
22/06/2026
New hyper-resolution analyser EQ revealed
CEDAR Audio's all-new Icons plug-in series has just gained its newest member, Blade. Described by the compan...
22/06/2026
Turn any live input into a cinematic soundscape
Designed for use in the studio and on stage, Sampleson's latest creation is capable of taking any audio ...
22/06/2026
Adds guitar strings to Eurorack rigs
ADDAC System are renowned for their weird and wonderful synth designs, and their line-up includes plenty of gear that...
22/06/2026
FIFA World Cup 2026 fever grows, as more than one third of Australians tune in ...
22/06/2026
In our latest blog, Tim Pearson explores NAGRA Venturi, the new streaming security solution for the AI era from NAGRAVISION. Designed to aggregate and analyze ...
22/06/2026
Expanded integrations give advertisers access to distinct contextual signals acr...
22/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/06/2026
Xilica today announced the release of Dynamic Voice Lift, a new feature in Xilica Designer v4.12 that brings adaptive speech reinforcement to large meeting spac...
22/06/2026
Telecom operators have seen remarkable returns from using generative AI to automate network management, customer care and back-office operations. Most of that i...
22/06/2026
Monday 22 June 2026
Official trailer released for Katie Price: Nothing to Hide,...
22/06/2026
The next era of AI will not be defined by compute alone. Its growth will be dete...
22/06/2026
Mission, Vision and Veritas - new Los Alamos National Laboratory (LANL) supercom...
22/06/2026
At the ISC conference running in Hamburg this week, NVIDIA is introducing new so...
22/06/2026
For the past two years, the U.S. National Science Foundation's National Arti...
22/06/2026
JUPITER, Europe's first exascale supercomputer at Germany's Forschungszentrum J lich, runs on NVIDIA Grace Hopper Superchips and NVIDIA Quantum-X800 Inf...