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 ...
07/10/2026
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
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
23/07/2026
Evergent (5.A86) will showcase its Agentic Revenue Orchestration Platform for streaming services, sports leagues, pay-TV operators at IBC2026 (RAI Amsterdam, 11...
23/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
23/07/2026
David Dvir, 2D founder (left), Sundeep Reddy (center), and Jean-Marc Bouchut (right), both of Zeiss...
23/07/2026
Screen Australia announces new national documentary accelerator program 23 July 2026
Screen Australia has today announced the Above the Line Documentary Accel...
23/07/2026
RT Commercial today announced Honda as sponsor of Today with David McCullagh RT Radio 1, weekdays 9am 11am.
Broadcasting directly after Morning Ireland in ...
23/07/2026
RT News is pleased to announce Barry Gallagher has been assigned as the new journalist covering news from Cork, Kerry and the wider Southern region
Working al...
23/07/2026
Lock in and load up the cloud. GFN Thursday brings fresh updates and new adventu...
22/07/2026
Among other tweaks to coverage, the broadcaster added announce positions in the ...
22/07/2026
The Australian Sports Technologies Network (ASTN) has reported a sharp acceleration in Australia's sportstech sector, with revenue growth rising from 10% in...
22/07/2026
From a retrofitted broadcast bus to packed Match Day Live! events, Bennett detai...
22/07/2026
TMRW Sports has named Brendan Donohue as President, Flag Football, where he will lead the company's professional flag football business in partnership with ...
22/07/2026
Stephen Arnold Music (SAM) designed and produced soundtracks for nine projection...
22/07/2026
Harmonic has announced a $25,000 donation to Global Empowerment Mission (GEM) fo...
22/07/2026
Telemundo has announced it has acquired from UC3 exclusive U.S. Spanish-language...
22/07/2026
The Rest Is Football, hosted by Gary Lineker, Alan Shearer, and Micah Richards, ...
22/07/2026
Sports Studio has announced a partnership with TheSoul Group to distribute Free ...
22/07/2026
Daktronics has concluded its 2026 High School Video Summit, a two-day hybrid event combining virtual sessions with hands-on host school visits across the countr...
22/07/2026
FOR-A America will exhibit at the MMCA Show in Pensacola, Florida (July 21-24), marking the company's first appearance at the house of worship AV event. FOR...
22/07/2026
The New York Yankees have selected Lumen Technologies (NYSE: LUMN) to connect Ya...
22/07/2026
Calrec will exhibit at IBC 2026 (Stand 8.C47) with demonstrations of its IP-native audio ecosystem built around the Argo console range, and will announce two ne...
22/07/2026
Solid State Logic has announced the appointment of Algam EKO as its distributor for SSL large format consoles in Italy, covering the Live, Broadcast, and Studio...
22/07/2026
FloSports has announced the launch of the FloSports Channel, a free ad-supported streaming channel premiering on Prime Video in the U.S. on July 21. The channel...
22/07/2026
Banana Ball TV (BTV), the broadcast operation of the Savannah Bananas, has insta...
22/07/2026
SiriusXM and Audacy have announced an agreement bringing 42 Audacy sports, news, and talk stations from 29 U.S. markets to SiriusXM. Twenty-three Audacy sports ...
22/07/2026
The collaboration produced more than 500 short-form videos across four cities th...
22/07/2026
At 2,600 sq. ft., the new home of digital content houses a main studio, podcast space, and an auxiliary control room
NFL franchises are accelerating their prod...
22/07/2026
Library now available in Engine Player
Another of Eduardo Tarilonte's popular sample libraries has just been moved over to Engine Audio's Engine Pla...
22/07/2026
All-in-one mic & DSP interface overhauled
Cloudvocal have just refreshed the design of their all-in-one mic, audio interface and DSP processor, introducing ...
22/07/2026
The final boss of the lost dual-op-amp circuit
Electro-Harmonix have just introduced the Deluxe Big Muff Pi 2, which they say offers their latest take on t...
22/07/2026
eds3_5_jq(document).ready(function($) { $(#eds_sliderM519).chameleonSlider_2_1({ content_source:......
22/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/07/2026
Proven managed IP solution helps broadcasters confidently navigate the future of broadcast distribution
LTN announces it has completed successful satellite-to-...
22/07/2026
Today, Chaos announced V-Ray 7, update 4, eliminating the need for asset conversions and tool switching, which slow down media and entertainment pipelines. Arti...
22/07/2026
An AI playground for the Project Indigo camera app
Marc Levoy July 22, 2026
0 Comments
At left is the user interface of our Playground, running on an ...
22/07/2026
Custom Consoles announces the completion of a large technical furniture project for Radio T l vision Suisse (RTS) at the networks recently inaugurated productio...
22/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
22/07/2026
Culver City, CA, July 21, 2026 3D streaming infrastructure provider Miris today announced glTF intake, including the binary .glb form, to its spatial streamin...
22/07/2026
Documentary Lo Invisible Captured with Blackmagic PYXIS 6K
Brie Clayton July 21, 2026
0 Comments
Camera's versatile design allowed filmmakers to c...
22/07/2026
AAF Bridge converts AAF and XML Timelines to Ableton Live - and back
Jerome Gardier July 21, 2026
0 Comments
A two-way converter for macOS and Windows...
22/07/2026
From Class to Concert: Explore a Student-Led Production of David Bowies Work Thr...
22/07/2026
NVIDIA founder and CEO Jensen Huang today visited the Naval Postgraduate School in Monterey, California, to commission an NVIDIA DGX GB300 system - bringing one...
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.
