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...

03/06/2026

SES Launches Multi-Orbit Satellite Inflight Connectivity on Viva Airlines

SES and Viva, Mexico's ultra low-cost airline, have launched multi-orbit satellite inflight connectivity on Viva's Airbus aircraft. A total of 60 A320s ...

03/06/2026

CFP, ESPN, and TNT Sports Announce 2026-27 College Football Playoff Broadcast Schedule

The College Football Playoff, ESPN, and TNT Sports have announced kick times and...

03/06/2026

RED Digital Cinema to Host Panels and Demos at Cine Gear Expo 2026

RED Digital Cinema will exhibit at Cine Gear Expo 2026 (Booth 33, June 5-6, Universal Studios Lot), hosting three panels and hands-on product demonstrations. P...

03/06/2026

Roku Launches Soccer Zone for FIFA World Cup 2026

Roku has announced the Soccer Zone, a dedicated hub for FIFA World Cup 2026 content available across the United States, Canada, Mexico, Brazil, Colombia, Argent...

03/06/2026

Liverpool FC and Wasabi Technologies Renew Multi-Year Partnership

Liverpool FC and Wasabi Technologies have announced a multi-year extension of their partnership, with Wasabi continuing as the club's official cloud storage...

03/06/2026

Sky News Australia Deploys Grass Valley AMPP for Cloud-Based Newsroom Production

Grass Valley has announced that Australian News Channel (ANC), operator of Sky News Australia, has deployed Grass Valley AMPP as part of the relocation of its n...

03/06/2026

Gudrun Scharler Appointed CEO of Riedel Networks

The Riedel Group has announced the appointment of Gudrun Scharler as CEO of Riedel Networks. She succeeds Michael Martens, who has led Riedel Networks since 201...

03/06/2026

Clear-Com Deploys Arcadia Central Station and FreeSpeak II at Itaka Arena in Poland

Clear-Com has announced the deployment of its intercom solutions at Itaka Arena ...

03/06/2026

Scott Coker Announces Six Executive Hires for New MMA Promotion

Scott Coker has announced six senior executive appointments for his new global MMA promotion, which launched earlier this year with $60 million in financing. Ad...

03/06/2026

Telemundo Announces Digital and Social Media Plans for FIFA World Cup 2026

Telemundo, the exclusive Spanish-language home of the FIFA World Cup 2026, has announced its digital and social media programming for the tournament, running Ju...

03/06/2026

Bundesliga Launches AI Assistant 'Captain' in Official App, Developed With AWS

The Bundesliga has announced the launch of Captain, an AI assistant built into t...

03/06/2026

Anthony James Partners Serving as Technology Consultant for UNC Kenan Stadium Modernization

Anthony James Partners (AJP) is serving as technology consultant for a moderniza...

03/06/2026

Audio-Technica Presents 2025-26 Samurai and Presidents Awards

Audio-Technica has announced the recipients of its annual sales rep firm awards for the 2025-26 fiscal year. The awards were presented by Jim Schanz, Executive ...

03/06/2026

iodyne to Demo Multi-Cam Ingest and Color Workflows With RED and Adobe at Cine Gear Expo 2026

iodyne will exhibit at Cine Gear Expo 2026 alongside RED Digital Cinema and Adob...

03/06/2026

Women's College World Series 2026: ESPN Brings Out Cinematic Cameras, POVORA CapCams for All-Texas Championship

The broadcaster will deploy 39 cameras for game coverage, six cameras for studio...

03/06/2026

How Comcast Xfinity Made RealTime 4K, Multiview a Reality for World Cup Fans with Vito Forlenza

The 2026 FIFA World Cup is providing a great opportunity for not only Fox Sports...

03/06/2026

Sonys New PTZ Cameras Deliver 4K 60p; New STARVIS Sensor Meets Low-Light Demands

Sony Electronics is introducing the SRG-AS10, a 4K 60p compatible PTZ Auto Framing camera that uses Sony's proprietary AI to automatically recognize and tra...

03/06/2026

NBA Finals 2026: ESPN's 1080p HDR Experience Drives San Antonio Spurs vs. New York Knicks Title Series

Game Creek Video's Flagship A, B, C, and D unit will wind up its first year ...

03/06/2026

New Sponsor Spotlight: Caretta Researchs Evangelos Vrysellas Says Booming Sports-Rights Market May Be Hitting the Brakes

According to Caretta Research, the sports-rights market may be hitting the brake...

03/06/2026

Film Festival Watch: Catch These 11 Must-See Sundance Institute-Supported Films at Tribeca 2026

Retrieval still courtesy of Tribeca. By Jessica Herndon This year, the Tribeca...

03/06/2026

Beat Panner from Sound Particles

Step sequencer-style panning tool revealed Alongside their flagship self-titled sound-design platform, Sound Particles offer an array of creative effects an...

03/06/2026

Eventide to launch the H9 Harmonizer Gen 2

Now features full H90 algorithm library Eventide have announced the upcoming launch of the H9 Harmonizer Gen 2, a new and improved version of their hugely p...

03/06/2026

Aim Audio's Essence price drop

Significant discount available until 1 October 2026 Aim Audio have just announced a promotion that sees a significant discount applied to their Essence micr...

03/06/2026

Clarification: SBS's position on definitions of antisemitism

Clarification: SBS's position on definitions of antisemitism 3 June, 2026 Media releases Statement by Mandi Wicks, SBS Director of News and Current Aff...

03/06/2026

Rohde & Schwarz to supply CERTIUM advanced communications system to Memmingen Airport

Rohde & Schwarz to supply CERTIUM advanced communications system to Memmingen Ai...

03/06/2026

Clear-Com Powers Itaka Arena with Arcadia Central Station and FreeSpeak II beltpacks

eds3_5_jq(document).ready(function($) { $(#eds_sliderM519).chameleonSlider_2_1({...

03/06/2026

Comcast Xfinity to Deliver 4K Coverage of FIFA World Cup 2026

Share Copy link Facebook X Linkedin Bluesky Email...

03/06/2026

Sony to Show New PTZ Cameras at InfoComm 2026

Share Copy link Facebook X Linkedin Bluesky Email...

03/06/2026

Oklahoma City Thunder Tops Nielsen Ranking of Most Viewed NBA Teams

Share Copy link Facebook X Linkedin Bluesky Email...

03/06/2026

SmallHD Introduces OLED 16 4K Production Monitor

Share Copy link Facebook X Linkedin Bluesky Email...

03/06/2026

ANDREW WILSON DELIVERS AUTHENTIC SOUND FOR FILM USING NU...

For more than three decades, Re-recording Mixer Andrew Wilson, AMPS, CAS, has helped bring the natural world to the screen with exceptional audio enjoyed by mil...

03/06/2026

From Stadiums to Campuses to Corporate Studios- Telestrea...

Telestream, a global leader in media workflow technologies, will showcase its latest innovations for modern AV production environments at InfoComm 2026 (Booth N...

03/06/2026

DPA ADVANCES INTEGRATED AUDIO SOLUTIONS FOR PRO AV ENVIR...

DPA Microphones will present a comprehensive portfolio of integrated audio solutions designed to meet the evolving needs of today's professional AV environm...

03/06/2026

Lightware Expands Gemini GVN With Full-Featured USB-C

Lightware announces the GVN-HC-TX220AP, a new transmitter in the Gemini GVN 1G AV-over-IP family that introduces full-featured USB-C for professional 1Gb AV-ove...

03/06/2026

Minno Teams with Evergent to Enhance Faith-Based Streamin...

Evergent, the customer management and monetization leader for streaming and digital subscription businesses, and Minno, the global leader in faith-based content...

03/06/2026

Alfalite brings its LED technology to RTVE iconic Teatro...

Alfalite, Europe's only LED display manufacturer, has completed a new broadcast installation with the deployment of two UHD Finepix 1.5 MATIX AlfaCOB LED di...

03/06/2026

Broadcast Solutions delivers new Ultra HD outside broadca...

Broadcast Solutions, a leading systems integrator and provider of innovative solutions for the broadcast media industry, is completing a contract to build eight...

03/06/2026

NAB Launches Merkhet Solutions to Advance Deployment of BPS

Share Copy link Facebook X Linkedin Bluesky Email...

03/06/2026

FCC Kicks Off First Spectrum Auction in Four Years

Share Copy link Facebook X Linkedin Bluesky Email...

03/06/2026

Utopai Studios Launches Pai 2.0, Cinematic Storytelling AI System

Share Copy link Facebook X Linkedin Bluesky Email...

03/06/2026

Roku Introduces NHL Zone

Share Copy link Facebook X Linkedin Bluesky Email...

03/06/2026

Study: Record Revenue Expected for FIFA World Cup 2026

Share Copy link Facebook X Linkedin Bluesky Email...

03/06/2026

Frequency Launches In-Scene Advertising

Share Copy link Facebook X Linkedin Bluesky Email...

03/06/2026

Creamsource Introduces Vortex2 and Vortex2 Soft

Creamsource, known for its tried-and-true Vortex Series of cinematic lighting, has announced the Vortex2 (V2) and Vortex2 Soft (V2S), two compact additions to t...

03/06/2026

Do not read this media release! Andy Lee's smash-hit show returns to ABC this July

Do not read this media release! Andy Lee's smash-hit show returns to ABC thi...

03/06/2026

Faster, More Flexible AI Matting Fuels Boris FX Silhouette

Faster, More Flexible AI Matting Fuels Boris FX Silhouette Jessie Electa Petrov June 2, 2026 0 Comments The 2026 release helps artists tackle complex ...

03/06/2026

La Tl's National League Hockey Expansion Powered by Blackmagic Design

La T l 's National League Hockey Expansion Powered by Blackmagic Design Brie Clayton June 2, 2026 0 Comments Blackmagic Videohub 120 120 12G provi...