
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...
30/07/2026
TVNZ and Evergent are celebrating a major TVNZ milestone - the evolution from a free-to-view, ad-supported business into a hybrid model, offering premium sport...
30/07/2026
WebMiere Adds Native VP9/AV1 WebM/MKV Import to Adobe Premiere Pro
Brie Clayton July 29, 2026
0 Comments
Brought to you by KawaiiEngine, WebMiere is a...
30/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
30/07/2026
At IBC2026, GlobalM will showcase the latest evolution of its software-defined media platform, enabling broadcasters, telecom operators and media organisations ...
30/07/2026
At the 2026 TAB Show, Digital Alert Systems will highlight and demo the new DAS-Link AIR, an over-the-air common alert protocol (CAP) dissemination system for ...
30/07/2026
OpenDrives Named to the 2026 CRN Storage 100 List
Company Recognized Among the 50 Coolest Software-Defined Storage Vendors for Unlimited Capacity, S3 Hybrid M...
30/07/2026
New Scene Search capability in VIDA Content OS makes video content itself searchable, letting broadcasters and streamers find key moments across millions of ass...
30/07/2026
Broadcaster John Creedon explores Ireland's rich musical heritage Sunday 2 A...
30/07/2026
Back to school means balancing assignments, deadlines and downtime. GeForce NOW makes it easy to have it all.
With cloud gaming, everyday laptops used for clas...
29/07/2026
In this series, Grass Valley explores the seven paradoxes shaping the next era o...
29/07/2026
Thats a wrap on Season 1 of SVG Students to Watch! Across the country, these stu...
29/07/2026
The agreement will move Gotham Sports App subscribers to DAZN during the 2026-27...
29/07/2026
Longtime digital-media leader expands role overseeing conference branding, video...
29/07/2026
By Bailey Pennick
One of the most exciting things about the Sundance Film Festival is having a front-row seat for the bright future of independent filmmaking. ...
29/07/2026
Organisation team up with TI:ME USA
Founded in 2019 with the aim of helping educators to embrace new music technology, Technology in Music Education (TiME U...
29/07/2026
Doubling & chorus processor gets an overhaul
Acon Digital have just launched the latest version of their free voice-doubling and chorus plug-in. Multiply 2 ...
29/07/2026
New Pultec-inspired pedal revealed
The latest addition to the Origin Effects line-up brings the legendary Pultec EQ into pedal format. Based on the EQP-1A, ...
29/07/2026
SBS Appoints Chief Commercial Officer and Director of Marketing and Audiences
29 July, 2026
Media releases
SBS is pleased to announce the appointment of Ni...
29/07/2026
Rohde & Schwarz showcases unified next-generation broadcasting ecosystem at SET ...
29/07/2026
eds3_5_jq(document).ready(function($) { $(#eds_sliderM519).chameleonSlider_2_1({...
29/07/2026
Streaming Hits 48.6% of Total TV Usage in May
YouTube Leads in Media Distributo...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Industry veteran joins Amagi to drive growth in Europe's leading broadcast market and advance cloud-native broadcast, FAST, and AI-driven operations.
LONDO...
29/07/2026
Work is ongoing to specify how to run RIST over WebTransport. This will deliver secure, stable, broadcast quality video playback and origination to any platform...
29/07/2026
Offline Files Makes the Drive Shelf Searchable on Mac
Brie Clayton July 29, 2026
0 Comments
A local Mac app for finding files, photos, and footage acr...
29/07/2026
Blackmagic Design Announces New UltraStudio Mini 12G
Brie Clayton July 29, 2026
0 Comments
New extremely portable Thunderbolt 4 capture and playback ...
29/07/2026
Brightline Lighting, a premier manufacturer of energy-efficient lighting systems for broadcast, videoconferencing, government, education and corporate applicati...
29/07/2026
Applications open for IFFI/WAVES Film Bazaar in Goa - Producer Delegation 28 July 2026
Image credit: Four Years Later
Screen Australia has opened applications...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
29/07/2026
Foundry today announced that Academy Award-winning creative studio DNEG has implemented Hiero to support its editorial workflows. Part of the Nuke product famil...
29/07/2026
The Latest Addition to the Brand's StudioPro Ecosystem Combines Simple Deployment, Cloud Control and Professional Grade Wireless Reliability
QuickLink, a l...
29/07/2026
The Secret Master Adjustment Layer Hack in After Effects
Graham Quince July 28, 2026
0 Comments
Trish Meyer (who literally beta-tested the original Af...
29/07/2026
Post Completed with Blackmagic Cloud for Shane Kosugi's Feature Film SEEK
Brie Clayton July 28, 2026
0 Comments
Cannes Indie International Film Fe...
29/07/2026
Isabeau Miller Named Chair of Berklee Songwriting Department The Berklee alumna, who previously served on the Songwriting faculty, will begin her new role on ...
29/07/2026
Comscore to Announce Second Quarter 2026 Financial ResultsRESTON, VA, July 29, 2026 Comscore, Inc. (Nasdaq: SCOR), a trusted partner for planning, transacting...
29/07/2026
Luxembourg, July 29, 2026 - SES, a leading space solutions company, was selected by LATAM Airlines to provide multi-orbit inflight connectivity service to its g...
29/07/2026
Wednesday 29 July 2026
Hayu is coming to Sky, bringing fan-favourite franchises...
29/07/2026
RT launches Unsolved, a true crime podcast, presented by crime journalist Barry Cummins and presenter Katja Mia.
Unsolved is a weekly podcast exploring unsol...
28/07/2026
LiveU, the pioneer in IP-video transmission and cloud-based remote production, today detailed its historic performance records set during the 2026 FIFA World Cu...
28/07/2026
The NFL franchise rebuilt their off-site content operation for an era when teams...