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 ...

12/11/2026

The Software-Defined Shift: A Discussion on the Technologies Reshaping Live Sports Production

Industry leaders examine how Dynamic Media Facility, Media eXchange Layer, and c...

12/11/2026

SVG Students to Watch: Addison Carnow, University of North Carolina

The junior Tar Heel is embracing the technical and creative challenges of live production while emerging as a leader and mentor in the control room...

12/11/2026

Gracenote Survey: 78% of Viewers 18-24 Want a Single Program Guide Across Streaming Services

Gracenote, Nielsen's content intelligence business, has released its fifth a...

12/11/2026

RTL Deutschland and NHL Expand Partnership, Bringing NHL Monday Night Hockey to Free-to-Air TV in Germany

RTL Deutschland will bring the NHL to free-to-air TV in Germany starting Nov. 30...

12/11/2026

Clear-Com Supports Global Student Broadcast On Air 2026 With Station-IC, Eclipse HX and FreeSpeak Cell

Clear-Com supported On Air 2026, a 24-hour student-led broadcast connecting 45 u...

12/11/2026

uniqFEED Opens Remote Operations Center in Madrid for LaLiga Virtual Advertising

uniqFEED has opened a Remote Operations Center (ROC) in Madrid, Spain. It is already operational, delivering virtual advertising for LaLiga matches. The ROC is ...

12/11/2026

Disney, ESPN and NBA Present Third Dunk the Halls Animated Christmas Day Game

Disney, ESPN and the NBA will present Dunk the Halls, the third real-time animated NBA game using Sony's Beyond Sports data visualization technology, on Chr...

12/11/2026

Van Wagner Launches RELAY Digital Platform for College Athletics Websites and Apps

Van Wagner has launched Van Wagner RELAY, a digital platform for official athlet...

12/11/2026

Vizrt Acquires Chyron in Major Consolidation of Broadcast Graphics Market

Deal brings together two of the industry's most established graphics brands and significantly expands Vizrt's footprint in U.S. sports and regional broa...

12/11/2026

Euro TV Upgrades OB Van with Lawo mc36 MkII and VSM

Euro TV Production GmbH of Austria has upgraded its outside broadcast vehicle with Lawo technology. The mc 36 Classic console in service since 2019 was replaced...

12/11/2026

Tagboard Launches Spark Resize Beta to Convert Graphics to New Aspect Ratios

Tagboard has launched Spark Resize, an AI-assisted tool now in beta that takes an existing graphic and produces a new version for a different aspect ratio or sc...

12/11/2026

At Second-Annual SVG LIVE! Event, Live Production's Biggest Names Go Inside the Tentpole Playbook

Ben Winston, Glenn Weiss, and FIFA's Jenni-Lee Van Gelder headlined a day fo...

12/11/2026

AWS, NFL Launch Next Gen Trends, Opening In-Season Tracking Data to Fans

Free interactive platform visualizes team tendencies, formations, and schemes, updated weekly...

12/11/2026

Sports Broadcasting Hall of Famer Charlie Jablonski: A True Broadcasting Power Broker

Sports Broadcasting Hall of Famer Charlie Jablonski's broadcasting career is...

12/11/2026

UVI release Twin 88 Keys

Blend between concert grand & vintage electric pianos UVI's latest release combines a concert grand with a vintage electric piano in a single instrument...

12/11/2026

Universal Audio reintroduce UAD Cooper Time Cube Delay

Native version of popular effects plug-in arrives Many of the plug-ins that used to require Universal Audios Apollo interfaces or DSP accelerators have made...

12/11/2026

Audient launch the iD Mk3 line-up

Four next-generation interfaces announced Following on from the release of their new flagship Thunderbolt interfaces, Audient have refreshed the design of t...

12/11/2026

Rohde & Schwarz and Connektica showcase automated RF test systems for satellite payloads and radar at Space Tech Expo

Rohde & Schwarz and Connektica showcase automated RF test systems for satellite ...

12/11/2026

78% of young adults want a single program guide across their streaming services, up from 58% last year

Gracenote's 2026 State of Play report signals a rising retention risk: More ...

12/11/2026

Blackmagic Design Announces Blackmagic Ambisonic Microphone

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

12/11/2026

CES Honors LGs Signature OLED, Wallpaper TVs

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

12/11/2026

Broadsmart launches monetization capabilities to power OT...

Broadpeak and Magnite enable advertising on Afree TV to unlock new revenue opportunities for African content providers Broadsmart, a technology integrator deli...

12/11/2026

PlayBox Neo makes an impact delivering flexible broadcast...

PlayBox Neo is perceived in the industry as an innovator way ahead of its time, already making a profound impact in the Asia-Pacific region, where the company i...

12/11/2026

Filmbankmedia selects Fincons Group s AllRights to manage...

This agreement marks the next step in a multi-year digital transformation programme as distribution expands across more clients and markets, requiring reliable ...

12/11/2026

Euro TV Upgrades OB Vehicle With Lawo Console

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

12/11/2026

Scripps Names Christina Hartman Chief Technology Officer

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

12/11/2026

ABC Names Martin Ortiz GM of WTVD-TV Raleigh-Durham

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

12/11/2026

Adobe, Google Expand AI and Creative Tool Integration

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

12/11/2026

NIH awards $7 million to study what makes immune responses last

LA JOLLA, CA-Central to many immune responses are antibodies, which identify foreign substances and help remove them from the body. The immune cells that produc...

12/11/2026

Bill & Ted Rock Opera Taken to New Heights After Student Workshop

Bill & Ted Rock Opera Taken to New Heights After Student Workshop Emerging artists from Berklee, Boston Conservatory, and Emerson collaborated with industry p...

12/11/2026

U unveils first look teaser for brand-new drama, The Cadburys

Image available HERE Teaser available HERE A teaser for The Cadburys (6x60') has been released, introducing audiences to the core family of George (Harry ...

12/11/2026

HPA Sets 2027 Tech Retreat Theme Around a Changing Industry

The Hollywood Professional Association (HPA) today announced the theme and program focus for the 2027 HPA Tech Retreat, taking place Feb. 14-18, 2027 in La Quin...

12/11/2026

Jeremiah Slovarp on building Jereco from the ground up in rural Montana

An island in rural MontanaJeremiah Slovarp owns Jereco in Bozeman, Montana, and teaches music technology and recording arts at Montana State University. He star...

12/11/2026

Introducing Ask the AI GP'

Who am I and whats an AI GP? Im Kathryn Hodgkinson, and Ive recently qualified as an Artificial Intelligence Governance Professional (AIGP), a certification awa...

12/11/2026

RT Coverage of European Political Community Summit in Dublin

RT will provide extensive coverage of the European Political Community Summit in Dublin across television, radio and online on Thursday, 12 November 2026. As p...

11/11/2026

Charlotte Hornets Become One of NBAs First Teams With WiFi 7 at Spectrum Center

Hornets Sports & Entertainment (HSE) and Spectrum have installed WiFi 7 as part of Spectrum's Managed WiFi solution within Charlotte's recently renovate...

11/11/2026

The Minor League Resolution Crisis: Bridging the Gap Between Living Room 4K and In-Venue Reality

As 4K displays normalize in living rooms and economy flights, aging minor league...

11/11/2026

Northwestern University Taps Grass Valley for Control Room Tech at Ryan Field

Northwestern University has deployed Grass Valley production switching and camera technology at its new Ryan Field stadium in Evanston, Illinois. The installati...

11/11/2026

Central Christian Church Links Remote Production Teams With Clear-Com's Gen-IC Virtual Intercom

Central Christian Church has transformed communication across its live productio...

11/11/2026

Capital One Arena Receives New Tech Enhancements to Upgrade the Fan Experience

Monumental Sports & Entertainment developed the new Cisco Command Center for all of the building's technology Prior to the start of the busy October schedu...

11/11/2026

OutKick Debuts New Studio for The Craig Carton Show in New York as Nashville Powers Distributed Production Operation

The new Manhattan set is the latest addition to a network of studios, home setup...

11/11/2026

MLB Network Turns Up the Production for Fourth-Annual MLB Awards in Las Vegas

With a remodeled set, an expanded camera package, and a Steve Aoki performance, MLB Network's production team raises the bar again at The Chelsea...

11/11/2026

Spitfire Audio & Eric Whitacre launch Eternity

Third collaboration with Grammy-winning composer & conductor Spitfire Audio have announced the release of Eternity, the third sample library to be created a...

11/11/2026

Modbap release Wax Theory

Eurorack experts launch vinyl-inspired plug-in When praised Eurorackers Modbap revealed their first software effect recently, they stated it was the first r...

11/11/2026

Nielsen Announces Pricing of $1.4 Billion Offering of Senior Secured Notes by its Affiliate

New York, NY - November 10, 2026 - Neptune BidCo US Inc. (the Issuer or the C...

11/11/2026

Pliant Technologies Ships CrewCom Flex

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

11/11/2026

Blue Lucy Integrates With Comcast Technology Solutions

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

11/11/2026

Hitomi Broadcast appoints Hibino Technos Inc. as value-ad...

New partnership strengthens local access to Hitomi s precision timing solutions, with MatchBox, MatchBox Glass and Spectra on show at Inter BEE 2026 Hitomi Br...

11/11/2026

Frequency Ads and OpenGlass Deploy Stream-Native In-Scene...

Frequency, the engine behind many of the worlds leading streaming television channels, and OpenGlass, the first SSP built for advanced CTV advertising, today an...