
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 ...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
09/06/2026
Kiswe announces an expanded long-term partnership with ONE Championship (ONE), t...
09/06/2026
SiriusXM will broadcast FOX Sports' English-language commentary for all 104 FIFA World Cup 2026 matches from June 11 through July 19, available to subscribe...
09/06/2026
EVS has announced it is changing its corporate name from EVS Broadcast Equipment to EVS, reflecting the company's expanded portfolio beyond broadcast equipm...
09/06/2026
Fox Corporation and the NFL have announced a multi-year agreement to bring NFL c...
09/06/2026
FOX Sports and ReachTV, an airport media network, have announced an agreement to...
09/06/2026
Cosm Atlanta, a 70,000-square-foot, three-level immersive entertainment venue located within Centennial Yards adjacent to State Farm Arena and Mercedes-Benz Sta...
09/06/2026
NESN captured five awards at the 2026 Boston/New England Emmy Awards, including four program honors and one individual award.
These awards reflect the passion...
09/06/2026
Ateme has announced that its support for Apple Immersive Video workflows was referenced by Apple during its 2026 Worldwide Developers Conference (WWDC26).
Atem...
09/06/2026
Bitmovin has announced that Axel Springer SE has deployed Player Web X, Bitmovin's web video player, to power audio readouts of news articles and an audio-o...
09/06/2026
Grass Valley and Lawo have announced a technology collaboration to validate orch...
09/06/2026
LiveU has announced a deployment with the Oceania Football Confederation (OFC) t...
09/06/2026
Globecast has announced the launch of its Content Exchange platform, powered by ...
09/06/2026
NBC Sports will present live coverage of Overtime's OT7 football league Championship Weekend from Sullivan Field at Loyola Marymount University in Los Angel...
09/06/2026
We're in three different locations, three different production teams. Coveri...
09/06/2026
The intro video for Men's Basketball won Outstanding In-Venue Video in the C...
09/06/2026
Today is match day minus two for FIFA and HBS. On Thursday, there will be two ma...
09/06/2026
Since their debut, the clock-and-score graphic has drawn the affinity and ire of...
09/06/2026
Last month, Spotify hosted PURE FLOWERS LIVE, a special event celebrating the re...
09/06/2026
Last month, RADAR U.K. artist Skye Newman took the stage in East London for a sp...
09/06/2026
Company to cease operating on 30 June 2026
Australian loudspeaker and amplifier manufacturer Wayne Jones Audio have announced that after much consideration,...
09/06/2026
Increases low-end weight and character
The latest plug-in release from Sheffield-based fedDSP aims to offer an all-in-one solution for users in search of mo...
09/06/2026
Introduces AI Studio Assistant, Moises Studio integration & more
Fender Studio have just announced the launch a significant update that brings an array of n...
09/06/2026
The National Film and Video Foundation (NFVF) is a statutory body mandated to spearhead the equitable growth and development of the South African film and video...
09/06/2026
The BBC has found its Hercule Poirot.
After Deadline revealed last month that t...
09/06/2026
Media buyers and sellers can now compare YouTube reach from computer, mobile, an...
09/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/06/2026
A project aimed at modernizing scheduling operations across Mediaset's channel portfolio
Mediagenix, a global leader in smart content solutions to profitab...
09/06/2026
tvONE, an ACT Entertainment brand, debuts its most powerful video processor ever built: the 4RU CALICO PRO (C7-PRO-4200), at InfoComm 2026 (Booth N6813). Engine...
09/06/2026
Composer and Conductor Eric Whitacre to Receive Honorary Doctorate at Berklee Va...
09/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/06/2026
Technology collaboration to validate AMPP and Lawo HOME orchestration integration, showcasing Dynamic Media Facility principles in practice.
Grass Valley and ...
09/06/2026
Bitmovin, a leading provider of video streaming solutions, today announced that Axel Springer SE, international media and technology company, has deployed Playe...
09/06/2026
LiveU, the global leader in live IP-video solutions, today announced a landmark deployment with the Oceania Football Confederation (OFC) that has brought Video ...
09/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/06/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/06/2026
Two Alumni Win Tony Awards Mike Morris and Cedric Leiba Jr. won awards for Best Orchestrations and Best Play, respectively.
June 8, 2026
By
Tori Donahue
...
09/06/2026
X-Rite Pantone Launches Offset360 to Modernize Color Control Across Existing Pre...
09/06/2026
09 Jun 2026
VEON Appoints Serkan Ozturk as Chief of Staff & Strategy Officer Dubai and New York, June 9, 2026 - VEON Ltd. (NASDAQ: VEON), a global digital oper...
09/06/2026
Tuesday 9 June 2026
Katie Price: Nothing to Hide, a candid and unfiltered accou...
09/06/2026
Back to All News
Netflix Unveils First Images And Poster For Wrath, A New Brazi...
09/06/2026
Enni Continues to Rely on Arvato Systems - And Will Be Using AEP.EnerS4 Billing Solution
Arvato Systems to implement transformation project for SAP S/4HANA Ut...