
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!
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
27/10/2026
Satellite, bonded cellular, and IP- and cloud-based solutions. Those are three o...
27/10/2026
Eutelsat has renewed its partnership with Qatar Media Corporation (QMC), Qatar...
27/10/2026
PROTON Camera Innovations GmbH will show the PROTON FLEXY at SATIS 2026 (Booth A13-B12), after the camera won a Best in Market award in the ProAV category at IB...
27/10/2026
ATSC, the Broadcast Standards Association, has reported results from a laboratory validation and live demonstration in Brazil of interference cancellation and s...
27/10/2026
The PGA Tour announced Monday that Brian Gordon has joined PGA Tour Studios as executive producer and head of live content. He began with the Tour on Oct. 26 an...
27/10/2026
The NBA has announced agreements to establish a framework for NBA-related predic...
27/10/2026
Apple Music, the NFL and Roc Nation have announced that JAY-Z will perform at the Apple Music Super Bowl LXI Halftime Show at SoFi Stadium in Los Angeles on Sun...
27/10/2026
DIRECTV and DAZN have signed a multi-year distribution agreement for local telec...
27/10/2026
The NHL has announced NHL Monday Night Hockey, a new initiative that will bring 11 live NHL games to fans across Europe in local primetime windows on Monday nig...
27/10/2026
Telef nica Servicios Audiovisuales (TSA) has deployed Grass Valley AMPP for Movi...
27/10/2026
SES and CANAL have extended their partnership through 2040 with a multi-year agreement covering satellite capacity across Europe, Africa and the Caribbean.
Un...
27/10/2026
Gravity Media deployed a flypack production system and RF cameras for Red Bull R...
27/10/2026
Appear has announced that NSC TV, a TV Globo affiliate in Brazil, has selected t...
27/10/2026
MLB's Ryan Zander discusses the league's work to integrate the ABS Chall...
27/10/2026
Pictured: Filmmaker Vero Kompalic (Photo by Gia Rigoli)
By Vero Kompalic
This is the last picture I ever took in Venezuela.
I had seen the girl in the row ah...
27/10/2026
Olivia Wilde, Seth Rogen, Pen lope Cruz, and Edward Norton appear in The Invite...
27/10/2026
Popular compressor plug-in upgraded
Soundevice Digital have just released a new plug-in that builds on the success of their much-loved Royal Compressor. Ava...
27/10/2026
First closed-back headphone design unveiled
ADAM Audio's second pair of headphones have just been announced, introducing a flagship open-back design tha...
27/10/2026
Popular soft synth overhauled
Native Instruments have just announced the launch of Massive XL, the latest version of their hugely popular flagship soft synt...
27/10/2026
SBS celebrates the colour, culture and joy of the Festivals of Lights with all A...
27/10/2026
Rohde & Schwarz at electronica 2026: From everyday bench work to extraordinary t...
27/10/2026
This note is to provide clarification to a previous distributed press release from NBC.
Game 1 of the WNBA Finals between Atlanta and Golden State delivered 1....
27/10/2026
aconnic AG (ISIN: DE000A0LBKW6), Munich, is prolongin an existing debt financing...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
First 20 channels move to software-defined playout as TSA considers the requirements of almost 40 additional Movistar Plus linear services.
Telef nica Servici...
27/10/2026
Bitcentral, a news production and media workflow technology company, today announced Fusion MediaShare, a cloud-native service that helps station groups discove...
27/10/2026
Amagi, the media industry cloud company, today announced that KT Studio Genie (KTSG), the content subsidiary of KT Corporation, has completed a zero-downtime mi...
27/10/2026
Philippe Mercier, CAS, Captures Explosive Drama and Fast-Paced Action for Qu b c...
27/10/2026
Sfoor Labs releases 37 audio plugins for Windows, including five free effects
Brie Clayton October 27, 2026
0 Comments
Sfoor Labs has released Windows...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
Pebble, the leading automation, content management and integrated channel specialist, is building on a successful CABSAT 2026, with major customer projects, new...
27/10/2026
Limecraft today announces version 2026.7 of its cloud-based media production and delivery platform, introducing a Workflow Library, expanded AI-assisted transcr...
27/10/2026
X5 and X20 platforms connect six locations across Santa Catarina, enabling resilient IP distribution and centralised broadcasting operations
Appear ASA (Appear...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
27/10/2026
Set in the 72 hours leading up to D Day, Pressure is a tense historical drama starring Brendan Fraser as Supreme Allied Commander Dwight Eisenhower and Andrew...
27/10/2026
Tuesday 27 October 2026
Sky announces new stand-up comedy showcase series John ...
27/10/2026
Toru , Poland
2026 FilmLight Colour Awards Winners Ceremony Sunday 8 November, 4pm
Seminar Room
Join us along with special guests to celebrate the 2026 FilmL...
27/10/2026
When the picture tells you what to doFor Lastiwka, the difference between writing a soundtrack and writing a standalone piece of music is what informs the next ...
27/10/2026
Arvato Systems Joins the Bundesverband Direktvertrieb Deutschland E. v. (BDD) as...
27/10/2026
CUPERTINO, CALIFORNIA Apple today introduced transformative updates to Apple Cre...
27/10/2026
CUPERTINO, CALIFORNIA Apple today announced the new iMac featuring the superfast M6, delivering even more performance and powerful AI capabilities in its striki...