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 ...

07/10/2026

Dalet Flex LTS Delivers Smarter Media Operations from Ingest to Distribution

Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...

06/09/2026

Dolby and MagentaTV Bring Fans Closer to the FIFA World Cup 2026 in Germany with Dolby Vision and Dolby Atmos

June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...

06/08/2026

USA Sports Rolls Into 2026 NASCAR Season With First Pace-Car Analyst on Selected Races

The broadcaster's 14-race schedule begins in Iowa and ends in November with ...

06/08/2026

SVG GameDay, Ep. 25: Chicago Bears Katlin Strange - Serving the Masses in the Windy City

In-venue and creative video staffers at the professional and collegiate level ha...

06/08/2026

Warner Bros Discovery's Anne Graham Details the Organization's Media-Ops and Metadata Consolidation Across Sports and Entertainment

As media organizations consolidate teams, technology platforms, and content libr...

06/08/2026

Dolby Vision 2 Begins Rollout on Selected 2026 Hisense TVs

Firmware updates introduce Dolby's next-generation picture engine, content-aware optimization, and new motion and ambient-light tools...

06/08/2026

TNT Sports Preps Wall-to-Wall Coverage of FIBA Women's Basketball World Cup 2026 from Sept. 4-13

TNT Sports will have wall-to-wall coverage of the upcoming FIBA Women's Bask...

06/08/2026

IBC 2026: swXtch.io Introduces groundSwXtch Software-Defined Multicast Overlay

swXtch.io (Stand 5.MR13) has unveiled groundSwXtch for Audio over IP (AoIP), a software application that lets broadcasters and media organizations move audio in...

06/08/2026

IBC 2026: Riedel Communications Showcases Integrated IP Production Workflows

At IBC2026, Riedel Communications (Stands: 10.A24, 10.A31, 10.A38) will bring modern media production to life with the Live Production Experience - a connected ...

06/08/2026

Sandy Grossman's Legacy as a Pioneering Director Earns Pro Football Hall of Fame's Pete Rozelle Award

The first live-sports director to receive the prestigious honor, eight-time Emmy...

06/08/2026

NBC Sports, Maryland Jockey Club Continue Partnership To Present Preakness Stakes Through 2032

NBC Sports will continue to present the Preakness Stakes on NBC and Peacock thro...

06/08/2026

IBC 2026: Cobalt Digital Brings New Practical Solutions to Evolving Broadcast Workflows

Cobalt Digital (Stand 8.F90) continues to reinforce its commitment to delivering...

06/08/2026

Wave Central Elevates Jeff Daubert to Director of Sales, Americas

Wave Central has promoted promotion Jeff Daubert to Director of Sales, Americas. In his expanded role, Daubert will lead Wave Central's sales strategy and ...

06/08/2026

KMH Integration Adds Architect Keith Hanadel to Expanding Full-Services Team

KMH Integration is expanding its ability to serve media, broadcast, and IT organizations by adding Keith Hanadel, an accomplished architect with decades of indu...

06/08/2026

Advanced Systems Group Promotes Michele Ferreira to Chief Business Officer

Advanced Systems Group (ASG) has promoted Michele Ferreira from Vice President of its Systems Integration team to the newly created position of Chief Business O...

06/08/2026

IBC2026: Appear Expands X, VX Platforms for Hybrid Live-Production Workflows

Demonstrations will include new JPEG XS, Dolby audio, cloud-gateway, stream-processing, and distribution capabilities...

06/08/2026

Live Media Group Acquires Gravity Media's U.S. Mobile-Production Assets, Adds Eight Units to Fleet

The deal includes three premium mobile units, engineering personnel, existing br...

06/08/2026

Broadcast Management Group, LiveU Power Vertical REMI Production for Amazon Prime's Obsessed Fest on TikTok

Broadcast Management Group produced Amazon Prime's inaugural Obsessed Fest a...

06/08/2026

IBC2026: Ikegami to Showcase Expanded UNICAM Camera and Monitoring Lineup

Exhibit will feature new variable-ND functionality, OLED viewfinders, remote-camera tools, and UHD production monitors...

06/08/2026

Sony Introduces FE 100-400mm Super-Telephoto Zoom Lens

Compact full-frame E-mount lens targets sports, wildlife, and other long-range shooting applications...

06/08/2026

Tennis Channel Lands Exclusive U.S. Coverage of 2026 International Tennis Hall of Fame Induction Ceremony

Live broadcast will honor Roger Federer and Mary Carillo on Aug. 29, with onsite...

06/08/2026

UTEP Upgrades Sun Bowl Stadium Video Display With Daktronics

End-zone board receives higher-resolution LED technology and an updated Show Control system ahead of the 2026 football season...

06/08/2026

Fender launch Fender Motion controllers

New 16- and 32-pad MIDI controllers now available Fender have just announced that the two new performance-focused controllers that were unveiled at NAMM 202...

06/08/2026

Lewitt update Space Replicator plug-in

Standalone version, performance improvements & more Lewitt have just released a significant update for their speaker and room virtualisation software, intro...

06/08/2026

Hallowed Bells from ebbandflow

Combines celeste samples with synth engine After launching earlier in 2026 with deFORM, ebbandflow have returned with their first sampled acoustic instrumen...

06/08/2026

SGL Carbon: Still on track to meet its 2026 annual targets

SGL Carbon's consolidated sales in the first half of 2026 totaled 394.2 million, down 13.0% from the prior year (H1 2025: 453.2 million). On the one hand,...

06/08/2026

BritBox & BBC's Poirot Origin Series Hercule' Reveals Cast

The BBC has announced casting for the forthcoming six-part series Hercule from Mammoth Screen and Agatha Christie Limited. Joining Bluemel are Henry Ashton (A ...

06/08/2026

FCC Votes to Modify TV Station Ownership Caps

Share Copy link Facebook X Linkedin Bluesky Email...

06/08/2026

LTN Showcases Live Event Master Control Capabilities for...

Proven offering builds on more than 20,000 live sporting events with greater automation, flexibility, and operational control LTN , the industry leader in tran...

06/08/2026

Hornets Tech brings new encoder and decoder range to IBC2...

Hornets Tech, a specialist in broadcast connectivity and IP video, is bringing a new range of encoders, decoders and an IPTV platform to IBC2026. Broadcast in...

06/08/2026

Introducing Adobe for ChatGPT: Create, edit and get work done - all in ChatGPT

Introducing Adobe for ChatGPT: Create, edit and get work done - all in ChatGPT Deepti Pradeep August 6, 2026 0 Comments The Adobe plugin in ChatGPT br...

06/08/2026

Hisense Adds Dolby Vision 2 to Select Models

Share Copy link Facebook X Linkedin Bluesky Email...

06/08/2026

MediaKind to showcase one unified portfolio at IBC2026

At IBC2026, MediaKind will make its first major appearance as a unified global powerhouse in video, showcasing one of the world's most comprehensive video i...

06/08/2026

Big Blue Marble to unveil AI-assisted piracy detection an...

Big Blue Marble (#5.A63) will demonstrate how its integrated technology and operational expertise help media companies scale premium services with less complexi...

06/08/2026

NIH expected to award Scripps Research nearly $4.2 million over 5 years to advance tools for vaccine design

LA JOLLA, CA-Scripps Research has received more than $500,000 in first-year fund...

06/08/2026

Improving vaccine design for Ebola, HIV and more

LA JOLLA, CA-Viruses are masters at invading our cells thanks to specialized proteins that coat their surfaces. When scientists design vaccines, they often crea...

06/08/2026

How a chemical reaction triggers brain inflammation in Alzheimer's disease

LA JOLLA, CA-The brain has its own immune system, which detects threats and mounts a defense. A growing body of evidence has shown that in Alzheimer's disea...

06/08/2026

Jin-Quan Yu elected to the National Academy of Sciences

LA JOLLA, CA-Scripps Research chemist Jin-Quan Yu has been elected to the National Academy of Sciences (NAS), one of the highest honors a scientist can achieve....

06/08/2026

Scripps Research ranks third in 2026 Cure Innovation Index

LA JOLLA, CA-Scripps Research ranked third in the inaugural 2026 Cure Innovation Index recognizing the top-performing institutes and centers across the United S...

06/08/2026

Scripps Research chemist Benjamin Cravatt elected to American Philosophical Society

Benjamin Cravatt, the Gilula Chair of Chemical Biology and a professor of chemis...

06/08/2026

Scripps Research immunologist Dennis Burton elected to American Academy of Arts and Sciences

LA JOLLA, CA-Dennis Burton, professor and the James & Jessie Minor Chair in Immu...

06/08/2026

How changes to proteins can alter drug interactions for new precision therapies

LA JOLLA, CA-Inside every human cell, proteins are constantly being tagged with small chemical modifications after they're produced. Known as post-translati...

06/08/2026

Scripps Research establishes endowed chair honoring renowned structural biologist Ian Wilson

LA JOLLA-Scripps Research has established the Ian Wilson Endowed Chair, a new fa...

06/08/2026

Scripps Research's Skaggs Graduate School awards doctoral degrees to 34th graduating class

Scripps Research's Skaggs Graduate School of Chemical and Biological Science...

06/08/2026

Scripps Research chemist Jin-Quan Yu is named a Fellow of the Royal Society

LA JOLLA, CA-Professor Jin-Quan Yu of Scripps Research has been elected to the Fellowship of the Royal Society, the U.K.'s national academy of sciences and ...

06/08/2026

Experimental HIV vaccine achieves a long-sought goal

LA JOLLA, CA-For years, researchers have been hoping for vaccines that protect people against not just one strain of HIV, but every strain of the quickly mutati...

06/08/2026

Calibr-Skaggs advances CLF065, a regenerative GLP-2 therapy, into two Phase 2 IBD studies

LA JOLLA, CA-The Calibr-Skaggs Institute for Innovative Medicines, the nonprofit...

06/08/2026

Chemists snap together complex 3D molecules from highly reactive radicals'-without losing their shape

LA JOLLA, CA-Building the complex 3D molecules needed for new medicines has alwa...

06/08/2026

A fentanyl countermeasure that adapts to combat future black-market drugs

LA JOLLA, CA-Fentanyl and related variants of the synthetic opioid kill more Americans each year than car accidents and gun violence combined. In too-high doses...