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...

13/08/2026

LaLiga Renews Broadcast Agreements with ESPN and DSports in South America Through 2031/32

LaLiga has renewed broadcast agreements with ESPN and DSports covering Spanish-l...

13/08/2026

Rockstar Energy Open Builds Third Portland Show Around AI-Powered Vertical Feed, Remote Operators

Three days of skateboarding competitions, live music, and other programming will...

13/08/2026

IBC 2026: Matrox Video to Showcase IP and Software-Defined Technologies

Matrox Video will showcase its portfolio of IP and software-defined technologies at IBC2026 (Booth 7.B15, RAI Amsterdam, September 11-14). The portfolio includ...

13/08/2026

IBC 2026: SMPTE to Present Sessions, Workshops, and Networking Events

SMPTE will present expert-led sessions, professional workshops, and networking events at IBC2026. The organization will be located in the IBC2026 Owner Pavilion...

13/08/2026

IBC 2026: Clear-Com to Showcase Communications Solutions

Clear-Com will exhibit at IBC2026 (Stand 10.D29, September 11-14, Amsterdam), showcasing FreeSpeak Cell, Avalon IP Station, updates to Arcadia Central Station, ...

13/08/2026

Advanced Systems Group Appoints Eran Binyamin Zeitoun as Senior Technical Program Manager

Advanced Systems Group (ASG) has appointed Eran Binyamin Zeitoun as Senior Techn...

13/08/2026

2026 SVG Venues & Teams Summit Heats Up Kaseya Center in Miami

Miami HEAT, Florida Panthers, Orlando Magic, University of Miami join leading vendors for a day of gameday-production talk in South Florida The 2026 SVG Venues...

13/08/2026

MLB at Field of Dreams Returns as Netflix Joins the Effort, Leans Into Cinematic Look at Newly Permanent Ballpark

NBC Sports is producing the Twins-Phillies game alongside the streamer, which is...

13/08/2026

IBC 2026: Oracle to Showcase Cloud Media Workflows

Oracle Cloud Infrastructure (OCI) will exhibit at IBC2026 (Hall 5, Booth 5.A21, September 11-14, Amsterdam), demonstrating cloud-based workflows across low-late...

13/08/2026

IBC 2026: Dalet to Participate Accelerator Programme with AI Live Sports Workflow Demo

Dalet will participate in the IBC2026 Accelerator Media Innovation Programme, co...

13/08/2026

Cox Media Group Announces Local Broadcast Deals with Orlando Magic and Charlotte Hornets

Cox Media Group (CMG) has announced multi-year local broadcast rights agreements...

13/08/2026

Jnger Audio to Demonstrate Cloud-Based DTV+ Workflow at SET Expo 2026

J nger Audio will join Fraunhofer IIS and industry partners to showcase a cloud-based, DTV+-compliant workflow at SET Expo 2026 in S o Paulo, August 17-20. DTV+...

13/08/2026

IBC 2026: Olympic Broadcasting Services to Receive International Honour for Excellence

IBC has announced that Olympic Broadcasting Services (OBS) will receive the Inte...

13/08/2026

NESN Expands Red Sox Broadcast Distribution for Jimmy Fund Telethon

NESN has partnered with WSBK-TV38 to broadcast Boston Red Sox games on August 17 and 18 over the air, extending the reach of the 24th annual WEEI/NESN Jimmy Fun...

13/08/2026

LiveU and Panasonic LUMIX Launch Live Anywhere Mobile Production Workflow

LiveU and Panasonic LUMIX have announced the Live Anywhere workflow, demonstrated at NAB 2026 and InfoComm 2026 in collaboration with Social180Group. The work...

13/08/2026

IBC 2026: Chyron to Showcase Sports Workflow Solutions

Chyron will demonstrate its sports analysis, graphics, remote production, virtual production, and venue control solutions at IBC2026 (Booth 7.A23). This year...

13/08/2026

Ratings Roundup: Pro Football Hall of Fame Game Draws 7 Million During Quiet August for Sports

Ratings Roundup is a rundown of recent ratings news and is derived from press re...

13/08/2026

ESPN/ABC, NBC/Peacock, Prime Video Set National Slates for Year 2 of NBA Rights Deal

Season tips off Oct. 20 and runs through April 11; Christmas Day, NBA Cup, All-S...

13/08/2026

VAEMI announce the Synterra

Company preview bio-interactive' synthesizer VAEMI have announced the upcoming launch of a new standalone bio-interactive' generative synthesizer....

13/08/2026

Ravine DSP update Inter::State

Plug-in host gains new Slot Scenes feature Ravine DSP have recently updated their innovative plug-in host, kitting it out with a new feature that brings yet...

13/08/2026

Tubi Media Group Partners with Gracenote to Unlock Additional Value in Content Discovery and Programmatic CTV Advertising

New Agreement Aims to Leverage Gracenote Infrastructure to Create More Relevant ...

13/08/2026

CMG Expands Local Sports Offering With Two NBA Deals

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

Olympic Broadcasting Services to receive IBC2026 Internat...

IBC today announced that its most prestigious honour, the International Honour for Excellence (IHFE), will be presented to Olympic Broadcasting Services (OBS), ...

13/08/2026

Dalet Demonstrates the Future of AI-Orchestrated Live Spo...

Dalet, a leading technology and service provider for media-rich organizations, today announced its participation in the IBC2026 Accelerator Media Innovation Pro...

13/08/2026

dzjinius to showcase new dzjinius on-set application at I...

dzjinius, the all-in-one production management platform for the media and entertainment industry, will showcase its new application, dzjinius on-set , at IBC20...

13/08/2026

BCE Demonstrates Sovereign Cloud Media Workflows powered...

Broadcasting Center Europe (BCE), a leading European provider of media services, system integration and product development, will demonstrate an end-to-end sove...

13/08/2026

Clear-Com to Showcase Communications Solutions for Broadc...

Clear-Com is returning to IBC 2026, taking place September 11-14 in Amsterdam, Netherlands. At Stand 10.D29, Clear-Com will spotlight the award-winning FreeSpe...

13/08/2026

Leader to highlight advanced Test and Measurement solutio...

Test & measurement innovator, Leader Electronics of Europe, will showcase its comprehensive portfolio of Leader, PHABRIX and LeaderPhabrix test and measurement ...

13/08/2026

KRK Brings Advanced Wireless Control to Professional Monitoring With New V Series Five Studio MonitorsKRK Brings Advanced Wireless

KRK Brings Advanced Wireless Control to Professional Monitoring With New V Serie...

13/08/2026

Anthony Noack Captures Artist's Journey in Estonia with Blackmagic Design

Anthony Noack Captures Artist's Journey in Estonia with Blackmagic Design Brie Clayton August 12, 2026 0 Comments Solo filmmaker documents concept...

13/08/2026

ARRI Image Science makes its mobile debut in the HONOR Robot Phone

ARRI Image Science makes its mobile debut in the HONOR Robot Phone Brie Clayton August 12, 2026 0 Comments Hero image displays the HONOR Robot Phone, ...

13/08/2026

ASG Adds Eran Binyamin Zeitoun as Senior Technical Program Manager

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

Vinten To Feature Manual, Robotic Camera Support Offerings At IBC 2026

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

SMPTE Unveils IBC 2026 Plans

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

IP Showcase on the Water Announces Schedule for IBC 2026

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

Spectrum, Optimum Ink New Deals for News Carriage and Ads

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

IAB Tech Lab Updates Privacy Standards

Share Copy link Facebook X Linkedin Bluesky Email...

13/08/2026

Suitest Highlights New AI-Powered Device Testing and Qual...

Suitest's Test Automation Platform Simplifies Video Quality Assurance, Monitoring, and Device Certification Across the OTT Ecosystem At IBC2026, Suitest, a...

13/08/2026

Cinegy showcases powerful, agile, cost-effective media so...

Cinegy GmbH, the premier provider of software-defined television technology, will have its key software solutions ready to demonstrate at SET Expo 2026 (18 20...

13/08/2026

Scripps Research establishes endowed chair honoring Peter K. Vogt, influential pioneer in cancer research

Scripps Research has established the Peter K. Vogt Endowed Chair, a new faculty ...

13/08/2026

New research offers fresh insights for how to make better vaccines

LA JOLLA, CA-A vaccine's molecular structure plays a key role in determining how the immune system responds and prepares to protect the body from future exp...

13/08/2026

Official trailer released for the return of Tea with Judi Dench Coming to Sky Arts on 31st August

Thursday 13 August 2026 Official trailer released for the return of Tea with Ju...

13/08/2026

Dalet Demonstrates the Future of AI-Orchestrated Live Sports Workflows at IBC2026 Accelerator Programme

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

13/08/2026

Vale MP praises Wenvoe's broadcast role and engineering expertise

Wenvoe serves over 1 million people across South Wales 13 August 2026, Winchester, UK - Vale of Glamorgan MP, Kanishka Narayan, has praised the engineering exp...

13/08/2026

Event Marks New Season with the RT Concert Orchestra

RT 's Miriam O'Callaghan welcomed a range of specially invited guests to the National Concert Hall last week for a unique event to mark a new season wit...

13/08/2026

Seattle Seahawks Become First Team to Bring Dolby OptiView with Dolby Vision to Fans

August 13 2026, 06:00 (PDT) Seattle Seahawks Become First Team to Bring Dolby O...

13/08/2026

Class Is in Session: GeForce NOW Levels Up Linux, Chromebooks and More

GeForce NOW is giving cloud gaming an extra-credit upgrade just in time for back-to-school season. The native Linux app for GeForce NOW is officially out of be...