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 ...

19/10/2026

NBA Expands Content Creator Relationships; X, TikTok Offer Dedicated NBA Experience for New Season

The NBA 2026/2027 is about to tip off and with it the NBA is enhancing its digit...

19/10/2026

Net Insight Names Mario von Dahn as New CFO

Net Insight has appointed Mario von Dahn as its new Chief Financial Officer (CFO) and member of the Executive Management Team. He will assume his position no la...

19/10/2026

Miami Heat Announce 2026-27 Broadcast Partnership With WTCN in West Palm Beach

The Miami HEAT have announced a television broadcast partnership with My15 WTCN in West Palm Beach for the 2026-27 season. The agreement began Friday, Oct. 16, ...

19/10/2026

NAB NY 2026: KOKUSAI DENKI to Show 4K Cameras, Plus New Control Panel and Viewfinder

KOKUSAI DENKI Electric America will show its broadcast cameras, remote control p...

19/10/2026

Bridge Technologies Joins Grass Valley's MXL-Native AMPP Ecosystem

Bridge Technologies has announced its participation in the Media eXchange Layer (MXL) initiative following IBC2026, saying the work has supported the containeri...

19/10/2026

PSSI Global Services Promotes Tracy Michaels to Vice President of Engineering

PSSI Global Services has promoted Tracy Michaels to Vice President of Engineering, a newly created position. Michaels has been a member of PSSI's engineerin...

19/10/2026

SVG New Sponsor Spotlight: PTZ Optics Partnership Manager Jon Roberts on Providing Affordable Solutions to the Community

Gone are the days of needing a large budget or a full army of technologies to ex...

19/10/2026

MOTU introduce the OctaLite

New compact interface packs in eight mic pres MOTU's latest audio interface manages to pack a generous amount of connectivity into compact portable encl...

19/10/2026

ADDAC System expand the Four String Series

Eurorack string range gains three new modules ADDAC System have just announced the launch of three new modules for their innovative Four Strings Series, a s...

19/10/2026

Erica Synths reveal the Konstrukt-8 Assembled

Drum modules now available as pre-built system Erica Synths have just introduced a new bundle that brings their praised Eurorack drum modules together into ...

19/10/2026

SOS Awards: Voting Open!

Pick your favourite gear from 2026 The annual SOS Awards are now underway, and as always, we're asking readers to help us choose the best pro-audio rele...

19/10/2026

Polsat claims Top Spot in Poland's content distributor rankings

Live volleyball propels Polsat to the number one position for the first time in 2026 Warsaw, Poland, 19.10.26 - Nielsen, a global leader in audience measuremen...

19/10/2026

Proton To Feature New PROTON IS Mini Broadcast Camera At NAB Show New York

Share Copy link Facebook X Linkedin Bluesky Email...

19/10/2026

Fox Advertising Expands Agentic AI Capabilities to Live, Linear

Share Copy link Facebook X Linkedin Bluesky Email...

19/10/2026

Apple Finally Gives its Home Devices Some Deserved Attention

Share Copy link Facebook X Linkedin Bluesky Email...

19/10/2026

Scripps Research garners major support for AI innovations in biomedicine with compute grant from Jen-Hsun and Lori Huang Foundation

LA JOLLA, CA-Artificial intelligence has already demonstrated great promise in m...

19/10/2026

Hiltron Gears for Space Tech Expo Europe 2026

Building on nearly five decades of experience, Hiltron Communications is one of Europes longest established specialists in the design, integration and maintenan...

19/10/2026

Sobatech Group Takes Its Production Model Remote with Blackmagic Design

Sobatech Group Takes Its Production Model Remote with Blackmagic Design Brie Clayton October 18, 2026 0 Comments Multi output production supports loca...

19/10/2026

Brits are saying sorry, my Wi-Fi is playing up almost twice a week

Slow internet leaves millions apologising for their connectionMonday 19 October 2026 Brits are saying sorry, my Wi-Fi is playing up almost twice a week Brit...

19/10/2026

Designing for trust in the quantum age

The future of quantum technologies will depend not only on scientific breakthroughs, but on whether nations, sectors and communities are given a meaningful voic...

19/10/2026

NVIDIA Advances Agentic Security for Media, From European Public Service Broadcasting to Global Content Production

At a creative industry event that took place today in Berlin - hosted in collabo...

18/10/2026

Pliant Technologies Showcases New CrewCom Flex at NAB New York 2026

Pliant Technologies Showcases New CrewCom Flex at NAB New York 2026 Brie Clayton October 18, 2026 0 Comments Pliant Technologies is highlighting its n...

18/10/2026

Dolby Cinema Expands Its India Footprint with Keralam Debut at EVM Cinemas in Kochi

October 18 2026, 21:30 (PDT) Dolby Cinema Expands Its India Footprint with Kera...

17/10/2026

PBR Executive Producer Jason Jacquette on Producing PBR Team Series and the Art of Eight-Second Storytelling

At PBR Teams Series: Maverick Days at UBS Arena in Belmont Park, NY, PBR Executi...

17/10/2026

What to Watch: 13 Sundance Institute-Supported Documentaries About Speaking Up and Speaking Out

By Ramona Flume Speaking out against injustice rarely comes without a price. Th...

17/10/2026

Roland update the TD-07 V-Drums line-up

Two new kit options introduced Roland's entry-level V-Drum series has just been refreshed, gaining two new kit options that promise the best balance of ...

17/10/2026

Former NBC, Skydance Executive Seeks Linear TV Assets

Share Copy link Facebook X Linkedin Bluesky Email...

17/10/2026

Scripps Sports Network Brings Hit YouTube Show to Streaming TV

Share Copy link Facebook X Linkedin Bluesky Email...

17/10/2026

Net Insight Names Mario van Dahn as CFO

Share Copy link Facebook X Linkedin Bluesky Email...

17/10/2026

2026 NAB Show New York Exhibitor Insight: Imagine Communications

Share Copy link Facebook X Linkedin Bluesky Email...

17/10/2026

Oklahoma filmmaker Elijah Felkins launches crowdfunding campaign to shoot Kairath, his dystopian action feature about grief

Oklahoma filmmaker Elijah Felkins launches crowdfunding campaign to shoot Kairat...

17/10/2026

Secret Weapon Post Powers New Remote Workflows with DaVinci Resolve Studio

Secret Weapon Post Powers New Remote Workflows with DaVinci Resolve Studio Brie Clayton October 16, 2026 0 Comments Going remote: redefining what post...

17/10/2026

Danilo Prez Premieres New Work Honoring Architect Frank Gehry

Danilo P rez Premieres New Work Honoring Architect Frank Gehry Commissioned by the Herbie Hancock Institute, P rez performed The Ever-Changing World at its In...

17/10/2026

RTX Spark Ignites Global Celebration as New Windows PCs Arrive

NVIDIA RTX Spark laptops are now available, bringing NVIDIA Blackwell RTX graphics, up to 128GB of unified memory and the full NVIDIA AI platform to slim, premi...

16/10/2026

LA Clippers Relaunch ClipperVision for 2026-27 Season, Unveils DTC and OTA TV Plans

The LA Clippers have announced their local television plan for the 2026-27 seaso...

16/10/2026

NFL Media Chief Hans Schroeder Talks Fragmentation, ESPN-NFL Network Deal, and Potential for Early Rights Opt-Out

At sports-media summit, he describes the success of the one-year-old agreement a...

16/10/2026

Parks Associates, InterDigital Release White Paper on HDR and the Future of Video

Parks Associates, in partnership with InterDigital, has published a white paper ...

16/10/2026

Cisco Expands Work With Hawks, Cavaliers, Brooklyn Sports & Entertainment

Cisco is expanding its work with the Atlanta Hawks, Cleveland Cavaliers, and Brooklyn Sports & Entertainment (BSE) as the 2026-27 NBA season gets underway, prov...

16/10/2026

BMG Introduces Media Command Managed Media Operations Platform

Broadcast Management Group (BMG) has introduced Media Command, a private cloud broadcast platform that integrates recording, media asset management (MAM), chann...

16/10/2026

TNDV, GameTime Productions Expand REMI Role for Team Boxing League Season 4

TNDV and GameTime Productions have expanded their remote production responsibilities for Team Boxing League (TBL) for the league's recently completed fourth...

16/10/2026

SVG GameDay, Ep. 35: San Francisco 49ers Laura Johnson - Live Events by the Bay

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...

16/10/2026

BBright White Paper: Design Services. Deliver Channels.

Broadcast and streaming are converging around live media. Traditional broadcasters increasingly distribute their linear services through streaming platforms alo...

16/10/2026

DAZN, Guardians League Announce Free-to-View Surf Racing Partnership

DAZN and Guardians League, a new professional franchise surf racing series, have announced a multi-year global broadcast partnership. Guardians League events wi...

16/10/2026

Sobatech Group Uses Blackmagic Design for Remote Production of F4 Spanish Championship and Eurocup-3

Sobatech Group is producing live coverage of the F4 Spanish Championship and Eur...

16/10/2026

Disney, Dude Perfect Announce Creative Partnership

The Walt Disney Company and Dude Perfect have announced an integrated creative partnership. Dude Perfect will develop original content for its own channels insp...

16/10/2026

NBC Sports Set To Produce Games 1 and 4 as WNBA Finals Return to NBC for First Time Since 2002

Onsite studio show will accompany game productions in San Francisco and Atlanta ...

16/10/2026

SVG Sit-Down: Grass Valley CTO Ian Fletcher on the Strengths of Avora and Why DMF, MXL, and Third-Party Relationships are Important

Grass Valley s AMPP platform continues to grow in popularity, especially with th...

16/10/2026

FloSports, NLL Announce Exclusive Multiyear Global Streaming Partnership

FloSports and the National Lacrosse League (NLL) have entered a multiyear media partnership that makes FloSports the exclusive global streaming home of the NLL....

16/10/2026

PBR's Jason Jacquette on Producing the Team Series at UBS Arena

At PBR Teams Series: Maverick Days at UBS Arena in Belmont Park, NY, PBR Executive Producer Jason Jacquette took a few minutes with SVG to discuss how his team ...