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...

08/06/2026

SVG Sit-Down: FIFA's Oscar Sanchez and HBS's Paul King on Deploying 16 Production Teams in 16 World Cup Venues

The two execs discuss the goals and the challenges of building a huge multi-cult...

08/06/2026

SVG All-Stars: Judi Weiss, Senior Manager, Remote Operations (Studio), ESPN

This industry legend has been a road warrior since the early '90s and is, today, a lynchpin on College GameDay The sports-production industry continues to ...

08/06/2026

DAZN Extends Combat Sports Portfolio with EFC Partnership

DAZN has agreed a multi-year rights partnership with Extreme Fighting Championship (EFC), expanding its global combat sports portfolio. DAZN will broadcast EFC...

08/06/2026

Whitepaper: TVU Networks Tackles the Future of Sports Production

As fans move across broadcast, streaming, social, mobile and creator-led platforms, and they expect every angle, in real time, TVU Networks has released a new e...

08/06/2026

Infront Strengthens Diamond League Global Broadcast Network Through Spate of New Agreements

Infront has further strengthened the 2026 Diamond League's international bro...

08/06/2026

Grass Valley Appoints Sam Craig as Vice President, Global Pre-Sales

Grass Valley has announced the appointment of Sam Craig as Vice President, Global Pre-Sales. Based in the United States, Craig will lead Grass Valley's glob...

08/06/2026

SMPTE Announces Summer 2026 IP Networking and ST 2110 Course Lineup

SMPTE has announced its summer 2026 education lineup covering IP networking and SMPTE ST 2110, including two standalone courses, a 13-week boot camp, and a hand...

08/06/2026

Sportradar and Kalshi Announce Multi-Year Data and Infrastructure Partnership for Prediction Markets

Sportradar Group AG has announced a multi-year global agreement with Kalshi, a p...

08/06/2026

FIFA and Gamefam Launch FIFA World Cup 2026 Event on Roblox

FIFA and Gamefam have announced the launch of a FIFA World Cup 2026 event on Roblox, running June 5 through July 31, 2026. The event centers on FIFA Super Socce...

08/06/2026

Stanley Pup 2026: Fun Is the Goal When the Rescue-Dog Competition Returns for Year 3

A collaboration of NHL Productions, Monumental Sports, and Michael Levitt Produc...

08/06/2026

Bryce Adair, CBS Production Assistant, Dies in Car Crash at 31

CBS Sports production staffer Bryce Adair has died at the age of 31 after sustaining injuries during a car accident on Wednesday while in Ohio working the the P...

08/06/2026

Behind the Mic: Russell Wilson and Kyle Long Join CBS Sports The NFL Today

Behind The Mic provides a roundup of recent news regarding on-air talent, including new deals, departures, and assignments compiled from press releases and repo...

08/06/2026

WMT Digital Launches Sports Customer Data Platform Built to Turn Fan Intelligence into Revenue

WMT Digital today announced the launch of WMT Fan Intelligence, designed to unif...

08/06/2026

Miami Heat Ink New Deal With WPLG Local 10, Join NBAs Growing OTA Crowd

The Heat are the seventh NBA team to air their games over-the-air next season...

08/06/2026

Paramount and UFC Expand Media Rights Partnership to Canada Beginning in 2027

Paramount and UFC have announced an expansion of their media rights partnership making Paramount the exclusive home of UFC Numbered Event main cards in Canada ...

08/06/2026

Qatar Football Association Deploys Virtual Advertising Technology for First Time with Sponix

The Qatar Football Association (QFA), in cooperation with Sponix and broadcaster...

08/06/2026

Project B Appoints HBS as Official Host Broadcaster for Global Basketball Circuit

Project B has announced the appointment of Host Broadcast Services (HBS) as Offi...

08/06/2026

Ohio State's Marco Fragale on the Growth of On-Campus B1G+ Productions and StudentU

The Buckeyes now produce and stream upwards of 200 sports events annually with a...

08/06/2026

Meet the New GLOW Ambassadors Leading Spotify's Global Pride Celebration

At Spotify, our commitment to the LGBTQIA community is year-round. Through GLOW, our global music program, we celebrate and amplify the contributions of queer ...

08/06/2026

GearExpo UK: Keyboard & Synth Update

Get Hands-on With Keyboard & Synth Brands GearExpo UK wouldn't be complete without some synth action, and we've got some of the industry's most ...

08/06/2026

IK Multimedia's ARC On-Ear gains IEM support

50 popular in-ear monitoring system profiles added The latest update for IK Multimedia's headphone-correction system has just arrived, and introduces ca...

08/06/2026

Audeze announce the MM-520

Manny Marroquin signature cans upgraded with SLAM Technology The flagship model in Audeze's Manny Marroquin Signature Series has just been treated to an...

08/06/2026

Air domain supremacy redefined - New counter UAS, space solutions and directional communications from Rohde & Schwarz debut at ILA

Air domain supremacy redefined - New counter UAS, space solutions and directiona...

08/06/2026

BBC announces Hercule, starring Edward Bluemel as Agatha Christie's legendary detective Hercule Poirot

he BBC and BritBox have announced that Edward Bluemel (We Might Regret This, My ...

08/06/2026

Sam Craig Joins Grass Valley as VP, Global Presales

Share Copy link Facebook X Linkedin Bluesky Email...

08/06/2026

SMPTE Sets Course Lineup With ST 2110, IP Networking Focus

Share Copy link Facebook X Linkedin Bluesky Email...

08/06/2026

Glensound puts practical audio connectivity centre stage...

Dante interfaces, intercom and control systems for modern AV environments Glensound will showcase a focused range of networked audio and intercom solutions fo...

08/06/2026

Bminty and T18 celebrates the channel s 1st anniversary -...

Bminty is proud to celebrate the first anniversary of T18, the new free national French DTT channel launched on June 6, 2025. This symbolic milestone also marks...

08/06/2026

DaVinci Resolve Used For Global Collaboration on Tony Foster Documentary

DaVinci Resolve Used For Global Collaboration on Tony Foster Documentary Brie Clayton June 8, 2026 0 Comments DaVinci Resolve Studio and Blackmagic Cl...

08/06/2026

New York Cracks Down on AI Bots

Share Copy link Facebook X Linkedin Bluesky Email...

08/06/2026

Sky introduces Real Time feature on Sky Glass and Sky Stream to bring fans closer to the World Cup action

Plus, 20% off TVs ahead of kick-offMonday 8 June 2026 Sky introduces Real Time...

08/06/2026

FOX Secures Live NFL Game Package in Mexico Starting in Fall 2026

FOX Secures Live NFL Game Package in Mexico Starting in Fall 2026 Agreement Features Thursday Night Football, Sunday Games Package, Thanksgiving Day Games, al...

08/06/2026

FOX One, FOX Sports and Indeed Name Austin Franklin and Kevin Akoto as FOX One Chief World Cup Watchers

FOX One, FOX Sports and Indeed Name Austin Franklin and Kevin Akoto as FOX One C...

08/06/2026

Hamburg Open. Hamburg. 14-15 January 2026

Meet us on the show floor Stand #286310 Discover Nara, the media management tool used by major facilities including Harbor and Molinare. Nara v2 introduces re...

08/06/2026

Micro Salon. Paris. 5-6 February 2026

L'art de l'Image dans Reflet dans un diamant mort' Une conversation avec le directeur de la photographie Manuel Dacosse, SBC et l' talonneur Pe...

08/06/2026

HPA Tech Retreat. Rancho Mirage. 15-19 February 2026

Embracing today's modern media workflows: FilmLight presents Nara 2.0, with FilmLight API Designed to support the growing demands of today's production ...

08/06/2026

Beyond the prompt: Colour grading in the age of AI. Berlin. 18 February 2026

Moderated by Andy Minuth, FilmLight's Colour Workflow Specialist Wednesday 18 February 6:00pm / Doors open 7:00pm / Presentation in German 8:00pm / Drin...

08/06/2026

Modern workflow simplified: FilmLight presents Nara and Daylight with FilmLight API. London. 14 April 2026

Join us on April 14 at 10:00am for a technical roundtable with the Filmlight dev...

08/06/2026

The Fundamentals of Coding and Machine-Assisted Development. London. Various

You're invited to FLAPI Classroom The fundamentals of coding and machine-assisted development These sessions will help you build the skills needed to cre...

08/06/2026

Colour Masterclass at MELS. Montreal. 9 May 2026

With Sylvain Canaux (St Louis, Paris) and J r me Cloutier (MELS, Montreal) Wednesday 6 May Pick your time: 1:00PM / 5:00PM Note: The presentation will be hel...

08/06/2026

Simplify your workflows with FLAPI. Los Angeles. 9 June 2026

FilmLight, 1107 N El Centro Ave, Los Angeles Doors open at 3:30pm Join the FilmLight team on June 9th at 4pm to learn how FilmLight products and APIs can stre...

08/06/2026

The Creators List launched to Help Brands Connect With Top Creators In Cannes

The Creators List launched to Help Brands Connect With Top Creators In CannesThe curated directory launched by Tubefilter, Comscore, Whalar Group and Gospel Sta...

08/06/2026

It's almost kick off time! RT KIDS show Total Football returns for a second season with a brand new co-host

Irish YouTube star DavidMC joins Aisling O'Reilly to tackle all things socce...

07/06/2026

Decksaver's Sping 2026 Drop

Company introduce 21 new protective covers Decksaver have just announced their Sping 2026 Drop, which sees a total of 21 new models added to their ever-grow...

07/06/2026

How to Recreate the Star Trek TNG jump to warp in After Effects

How to Recreate the Star Trek TNG jump to warp in After Effects Graham Quince June 7, 2026 0 Comments In 1987, John Knoll at ILM had to use labor-inte...

07/06/2026

Filming Coffee Communities with Blackmagic PYXIS

Filming Coffee Communities with Blackmagic PYXIS Brie Clayton June 7, 2026 0 Comments Remote travel, fast setups and hard sun shaped this documentary ...

07/06/2026

NVIDIA and Doosan Group Collaborate to Advance Physical AI and AI Factory Infrastructure

NVIDIA and Doosan Group are expanding their collaboration to advance new opportu...