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 ...

11/11/2026

Charlotte Hornets Become One of NBAs First Teams With WiFi 7 at Spectrum Center

Hornets Sports & Entertainment (HSE) and Spectrum have installed WiFi 7 as part of Spectrum's Managed WiFi solution within Charlotte's recently renovate...

11/11/2026

The Minor League Resolution Crisis: Bridging the Gap Between Living Room 4K and In-Venue Reality

As 4K displays normalize in living rooms and economy flights, aging minor league...

11/11/2026

Northwestern University Taps Grass Valley for Control Room Tech at Ryan Field

Northwestern University has deployed Grass Valley production switching and camera technology at its new Ryan Field stadium in Evanston, Illinois. The installati...

11/11/2026

Central Christian Church Links Remote Production Teams With Clear-Com's Gen-IC Virtual Intercom

Central Christian Church has transformed communication across its live productio...

11/11/2026

Capital One Arena Receives New Tech Enhancements to Upgrade the Fan Experience

Monumental Sports & Entertainment developed the new Cisco Command Center for all of the building's technology Prior to the start of the busy October schedu...

11/11/2026

OutKick Debuts New Studio for The Craig Carton Show in New York as Nashville Powers Distributed Production Operation

The new Manhattan set is the latest addition to a network of studios, home setup...

11/11/2026

MLB Network Turns Up the Production for Fourth-Annual MLB Awards in Las Vegas

With a remodeled set, an expanded camera package, and a Steve Aoki performance, MLB Network's production team raises the bar again at The Chelsea...

11/11/2026

Spitfire Audio & Eric Whitacre launch Eternity

Third collaboration with Grammy-winning composer & conductor Spitfire Audio have announced the release of Eternity, the third sample library to be created a...

11/11/2026

Modbap release Wax Theory

Eurorack experts launch vinyl-inspired plug-in When praised Eurorackers Modbap revealed their first software effect recently, they stated it was the first r...

11/11/2026

Nielsen Announces Pricing of $1.4 Billion Offering of Senior Secured Notes by its Affiliate

New York, NY - November 10, 2026 - Neptune BidCo US Inc. (the Issuer or the C...

11/11/2026

Pliant Technologies Ships CrewCom Flex

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

11/11/2026

Blue Lucy Integrates With Comcast Technology Solutions

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

11/11/2026

Hitomi Broadcast appoints Hibino Technos Inc. as value-ad...

New partnership strengthens local access to Hitomi s precision timing solutions, with MatchBox, MatchBox Glass and Spectra on show at Inter BEE 2026 Hitomi Br...

11/11/2026

Frequency Ads and OpenGlass Deploy Stream-Native In-Scene...

Frequency, the engine behind many of the worlds leading streaming television channels, and OpenGlass, the first SSP built for advanced CTV advertising, today an...

11/11/2026

Operative Appoints Brian Beirne as Senior Vice President...

Operative today announced the appointment of Brian Beirne as Senior Vice President, Commercial Growth. Beirne returns to Operative at a pivotal moment, as its U...

11/11/2026

U.S. Streamers Triple Amount of Creator Led-Programming in One Year

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

11/11/2026

Adobe Upgrades Creative Suite

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

11/11/2026

NABA Joins Trusted Partner Networks Fix It or Risk It Campaign

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

11/11/2026

Apple TV to Debut Sign Language Option

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

11/11/2026

Senator Questions Carr's Future at FCC

Share {alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...

11/11/2026

Flanders Scientific Launches Seven New Monitors

Flanders Scientific (FSI), an Atomos company, has introduced seven new QD-OLED reference monitors across two new series, the VP and V. Designed for professional...

11/11/2026

Pliant Technologies Announces CrewCom Flex Now Shipping i...

Pliant Technologies' highly anticipated CrewCom Flex product line is now shipping in the United States. As the industry's first frameless matrix interc...

11/11/2026

Desert Palms Captured with Blackmagic URSA Cine Immersive

Desert Palms Captured with Blackmagic URSA Cine Immersive Brie Clayton November 10, 2026 0 Comments Director Tristan Seniuk premieres immersive short ...

11/11/2026

Avid launches Ready to Play, putting new AI creative capabilities into editors' hands

Avid launches Ready to Play, putting new AI creative capabilities into editors&#...

11/11/2026

Adobe Powers a New Era of Creativity, Bringing Agents and Tools to Creatives Wherever and However They Create

Adobe Powers a New Era of Creativity, Bringing Agents and Tools to Creatives Whe...

11/11/2026

If your fraud tool detects invalid traffic, what happens next?

Fraud detection and removal tools play an important role in defending advertising budgets against invalid traffic. A robust fraud tool, independently accredited...

11/11/2026

Irish culture and music take centre stage at COP31 event in Turkiye this Friday in partnership with RT lyric fm

RT lyric fm is partnering with the Department of Climate, Energy, and the Envir...

11/11/2026

Meet the eight finalists for RT TODAY's Christmas Home Cook Competition

RT TODAY show has announced the eight finalists for its festive amateur cook competition Christmas Home Cook'. Following the success of TODAY TV Home C...

10/11/2026

ENCO Provides Live Captioning and Voice Translation at NAB Show New York

ENCO provided live stage captioning, multilingual translation and new audio pass-through services at NAB Show New York, held Oct. 21-22 at the Javits Center, an...

10/11/2026

Vizrt Demonstrates Story-Aware Graphics With Story Object Model Open Standard

Vizrt has built a proof-of-concept integration with the Story Object Model (SOM), shown at IBC 2026 in Amsterdam as part of the Smart Stories Accelerator projec...

10/11/2026

Gravity Media Delivers Live Vertical Feed for Meta Connect 2026

Gravity Media's Creative and Managed Services team produced a dedicated live 9:16 vertical broadcast workflow for Meta Connect 2026. Meta asked for more tha...

10/11/2026

Blue Stream Fiber Taps Ateme for OTT Delivery Modernization

Blue Stream Fiber has standardized its OTT streaming services on Ateme's end-to-end video platform for its high value linear channels, providing more effici...

10/11/2026

Haivision Releases Survey for the 2027 Broadcast Transformation Report

Haivision has opened the survey for its 2027 Broadcast Transformation Report, inviting broadcast, media, and production professionals worldwide to share their p...

10/11/2026

League of Live Stream Theater Leverages LiveU to Deliver Rent: The 30th Anniversary Concert to 70,000 Streaming Ticket Buyers Worldwide

The League of Live Stream Theater (LOLST), the nonprofit organization partnering...

10/11/2026

USA Sports To Broadcast All Three Inaugural Races of The Horse Racing League in Spring 2027

USA Sports and The Horse Racing League (HRL) has announced a partnership to air ...

10/11/2026

Matrox Video Launches The Sync, a New Customer-Led Video Podcast

Matrox Video has launched The Sync, a new video podcast series bringing together Matrox Video experts, customers, and partners to explore the technical and busi...

10/11/2026

The CW Network, Professional Bull Riders Sign Multi-Year Extension to Broadcast PBR Team Series Events

The CW Network and Professional Bull Riders (PBR) have announced a new multi-yea...

10/11/2026

2026 Sports Broadcasting Hall of Fame: Christopher Chip' Adams, Master of NBC Olympics Venue Operations

There is a certain irony that Chip Adams was turned down when he first looked in...

10/11/2026

Pliant Technologies Ships New CrewCom Flex

Pliant Technologies' CrewCom Flex product line is now shipping in the United States. As a frameless matrix intercom system and complete matrix IP-based inte...

10/11/2026

Sundance Institute Appoints Allison Graff-Weisner as Chief Development Officer

PARK CITY, Utah (November 10, 2026) The Sundance Institute today announced the appointment of Allison Graff-Weisner as its new Chief Development Officer (CDO)...

10/11/2026

VSL introduce Vienna Performer

New tool humanises orchestral MIDI parts Described as a session musician inside your DAW, VSL's latest plug-in aims to make quick work of making program...

10/11/2026

PSPaudioware release PSP ClassicQlite

Free EQ launched alongside four major updates PSPaudioware have just launched their latest free plug-in, along with a set of updates that bring modern OS co...

10/11/2026

John Walden Cubase Essentials promotion

Save 25% throughout November 2026 Following the recent release of Cubase 16, regular SOS contributor John Walden has announced that he will be running a 25%...

10/11/2026

Ableton Live 13 announced

Set to launch in early 2027 The latest version of Ableton's DAW software has just been unveiled, and will be making an official appearance in early 2027...

10/11/2026

IoT frequency bands below 6 GHz: range, power and antenna trade-offs

IoT devices use a wide range of frequency bands below 6 GHz, from Sub-GHz LPWAN sensors to 5G and Wi-Fi systems. Lower frequencies such as 433 MHz, 868 MHz, 915...

10/11/2026

How to Choose an embedded GPS antenna

A ceramic patch GPS antenna may fit mechanically but still perform poorly if it is too small, incorrectly orientated, placed near noisy electronics or installed...

10/11/2026

Does an Active Patch GNSS Antenna Need a Ground Plane?

A GPS antenna ground plane provides the conductive RF reference a ceramic GPS/GNSS patch needs, but that does not always mean the product PCB must provide it. T...

10/11/2026

External GPS antenna vs internal antenna: when should you move outside the enclosure?

An external GPS antenna is usually the better option when the product enclosure ...

10/11/2026

New R&S FNH combines spectrum analysis, vector network analysis and power metering in a handheld format

New R&S FNH combines spectrum analysis, vector network analysis and power meteri...