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 ...

09/10/2026

Dolby Expands Dolby OptiView Platform with New Capabilities at IBC 2026

September 10 2026, 06:00 (PDT) Dolby Expands Dolby OptiView Platform with New Capabilities at IBC 2026 New Sports Intelligence helps providers better unders...

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...

11/09/2026

Sony To Showcase Latest Production Technology At IBC2026

Share Copy link Facebook X Linkedin Bluesky Email...

11/09/2026

EKT To Feature New Linux-Based ATSC 3.0 STB At IBC2026

Share Copy link Facebook X Linkedin Bluesky Email...

11/09/2026

Jimmy Kimmel Shifts Political Interview to YouTube Over FCC Worries

Share Copy link Facebook X Linkedin Bluesky Email...

11/09/2026

Remembering 9/11: 25 Years of TV Tech Coverage

Share Copy link Facebook X Linkedin Bluesky Email...

11/09/2026

Tiger Group To Auction Equipment from a National Broadcasting Studio

Share Copy link Facebook X Linkedin Bluesky Email...

11/09/2026

Grass Valley Launches AVORA at IBC2026

Share Copy link Facebook X Linkedin Bluesky Email...

11/09/2026

Survey: Low Latency for Live Streaming Is Industrys Top Challenge

Share Copy link Facebook X Linkedin Bluesky Email...

11/09/2026

Atomos Debuts New HDR Monitors at 2026 IBC Show

Share Copy link Facebook X Linkedin Bluesky Email...

11/09/2026

Grass Valley Launches AVORA at IBC2026 Bringing All in On...

New standalone solution gives production teams everything they need to create, produce and deliver live content from one flexible system. Grass Valley today an...

11/09/2026

Wave Central a Domo Broadcast Company Named Recipient of...

Recognition honors the development of FPV drone camera systems for live sports broadcast coverage Wave Central, a Domo Broadcast Company that develops advanced...

11/09/2026

Teradek Launches Bolt 7 A Unified Wireless System for Zer...

Teradek, the industry leader in zero-delay wireless video solutions, announced the launch of Bolt 7, which now includes a unified wireless video and data system...

11/09/2026

ACT Pixel Academy Announces Autumn Courses

The ACT Entertainment tvONE and Green Hippo Pixel Academy has released its autumn course schedule, with hands-on training dates in September, October and Novemb...

11/09/2026

Scientists discover a new way that a disease-linked protein comes apart

LA JOLLA, CA-Transthyretin amyloid disease (ATTR) is a progressive, life-threatening condition caused when the protein transthyretin (TTR) breaks apart and aggr...

11/09/2026

Major Update to Blackmagic Cloud

Major Update to Blackmagic Cloud Brie Clayton September 10, 2026 0 Comments Blackmagic Design has announced a major update to Blackmagic Cloud which a...

11/09/2026

Dalet Helps Media Organizations Navigate the Rise of Synthetic Content with NVIDIA AI

Dalet Helps Media Organizations Navigate the Rise of Synthetic Content with NVID...

10/09/2026

First AI-Generated Golf Announcer To Debut During New Mexico Open

Duff Foreman is an AI-generated announcer who will add color to this month's New Mexico Open...

10/09/2026

IBC 2026: Bitmovin Rolls Out Encoder Version 3

Bitmovin is rolling out Encoder Version 3, the next major release of the technology behind its VOD and Live Encoders. Version 3 is built on a premise every stre...

10/09/2026

IBC 2026: Net Insight Highlights Open Live Media for Controlled Live Services

At IBC2026, on booth 1.B47, Net Insight will showcase Open Live Media, its architecture for delivering resilient live media services across networks, partners, ...

10/09/2026

PWHL, Scripps Sports Sign National Television Deal for 2026-27 Season

The Professional Women's Hockey League (PWHL) and Scripps Sports have announced a national broadcast rights agreement for the 2026-27 season, a landmark par...

10/09/2026

IBC 2026: Trusted Partner Network Debuts Fix It or Risk It to Tackle Everyday Security Risks

The Trusted Partner Network (TPN), the global content security initiative powere...

10/09/2026

NFL Brings Back Creator Programs to Deliver Access, Original Storytelling During the 2026 Season

The NFL is launching its most expansive creator programming yet, bringing togeth...

10/09/2026

Sportsnet Removes 150 Blackouts for More National NHL Games Than Ever in 2026-2027 Season

Sportsnet is set to deliver its biggest hockey season ever with a national sched...

10/09/2026

IBC 2026: LiveU Showcases Starlink for News and Sports Broadcast as Clarus Integrated Reseller

LiveU is now a Clarus Integrated Reseller, bringing Starlink's fast, reliabl...

10/09/2026

IBC 2026: Mimir Develops Single Layer for Content, Metadata, AI Orchestration

Mimir is the cloud-native media production platform built for teams that need to move media fast across live, archive, web, social, and broadcast workflows. At ...

10/09/2026

IBC 2026: ATSC 3.0 To Receive Technology & Engineering Emmy Award for Significant Advancement in Television Broadcasting

ATSC is being honored with a 2026 Technology & Engineering Emmy Award by the Nat...

10/09/2026

Audio-Technica Presents BP880R Contact Transducer for Immersive Sports Broadcast, Production Audio Enhancement

Audio-Technica has introduced the BP880R Contact Transducer, a specialized micro...

10/09/2026

ESPN, ION Team Up to Broadcast WTGL Starting on Nov. 8

TMRW Sports in partnership with the LPGA, today announced multiyear U.S. media rights agreements with ESPN and Scripps Sports/ION to bring WTGL, the new women&#...

10/09/2026

SportsNet Pittsburgh Honors Roberto Clemente Day With Second-Annual Live Spanish-Language Pirates Telecast

SportsNet Pittsburgh (SNP) in partnership with Major League Baseball and the Pit...

10/09/2026

Tennis Channel Gives Fans Options With Premium Subscription on Roku

Tennis Channel announced today its launch as a Premium Subscription on The Roku Channel. Tennis Channel offers viewers a single home for Tennis Channel and Ten...

10/09/2026

IBC 2026: Dolby Expands Dolby OptiView Platform With New Capabilities

Dolby has announced major updates to Dolby OptiView, its live sports platform, ahead of IBC 2026. The updates include new AI-powered intelligence to better unde...

10/09/2026

Dalet Names Brian Doheny as CEO

Dalet has appointed Brian Doheny as CEO. Doheny joined Dalet as President and Chief Revenue Officer in April 2026. Since joining Dalet, Doheny has led the compa...

10/09/2026

IBC 2026: Sony Demonstrates Various Creative Solutions for Attendees at the RAI

Sony, as well as its partner company Nevion, is starting IBC 2026 with a handful of announcements for attendees to see on the show floor. Sony Announces the 4t...

10/09/2026

SoFi Stadium Solidifies Production Output With Multi-Layered Tech Renovation

The six-year-old venue is expanding capabilities for NFL action, Super Bowl LXI, 2028 Summer Olympics SoFi Stadium, as well as the surrounding area known as Ho...

10/09/2026

Acon Digital introduce Acoustica 8

Editing, restoration & mastering suite upgraded Acon Digital Acoustica 8 audio editing restoration mastering software. Acon Digital have just launched the la...

10/09/2026

Readipop & XOX open XOX Studio

Classic synths & drum machines available to play Based in Reading, UK, Readipop are a music and arts charity with a long track record of innovative, partici...

10/09/2026

Neumann launch the KH 310 II & KH 350

Popular model updated & new addition introduced With many of the models in Neumann's KH family now boasting onboard DSP and support for the company'...

10/09/2026

Arturia launch the AudioFuse Studio Rev2

Improved desktop interface announced The latest iteration of Arturia's flagship desktop audio interface has just arrived, introducing improved preamps, ...

10/09/2026

Progress needs proof: Rohde & Schwarz showcases its trailblazing test solutions at EuMW 2026 in London

Progress needs proof: Rohde & Schwarz showcases its trailblazing test solutions ...

10/09/2026

Nielsen launches CTV ad spend data into its French Ad Intel product

France launch follows UK and Germany as Nielsen expands product across EMEA Paris, France, September 10, 2026 - Nielsen, a global leader in audience measuremen...

10/09/2026

Fabric Data, TMT Insights Merge to Create Fabric Insights

Share Copy link Facebook X Linkedin Bluesky Email...

10/09/2026

Leading Audio Manufacturers Join Forces on Dialog Intelli...

Leading professional audio manufacturers NUGEN Audio, RTW, Steinberg and Telos Alliance have joined forces with Fraunhofer IDMT to establish a common approach t...

10/09/2026

Setplex Introduces AI Insider for Faster Smarter Video Se...

Built Into Setplex's Zapflex Platform, AI Insider Turns Video Service Data Into Actionable Insights Setplex today introduced AI Insider, a breakthrough new...

10/09/2026

sync labs to Introduce sync productions at IBC2026 Bringi...

Managed service changes dialogue without actor-specific training or facial rigging while preserving the original performance and fitting established post-produc...

10/09/2026

ACT Pixel Academy Autumn Courses PR

The ACT Entertainment tvONE and Green Hippo Pixel Academy has released its autumn course schedule, with hands-on training dates in September, October and Novemb...

10/09/2026

Orange Polska Reaffirms Its Trust in Viaccess-Orca with M...

Orange Polska continues to Rely on Viaccess-Orca for Secure TV Services and the Next Phase of its Technology Evolution Viaccess-Orca (VO), a global leader in T...

10/09/2026

Generate and create directly in your timeline with new AI-powered innovations in Premiere and After Effects

Generate and create directly in your timeline with new AI-powered innovations in...

10/09/2026

Tedial to introduce Media Business Hub at IBC 2026

Tedial is introducing Media Business Hub (MBH) at IBC 2026, a new business enablement platform designed to help media organizations unlock the full value of the...