
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...
21/07/2026
New research involving a cross-section of Mongolias independent media landscape finds enthusiasm for AI as a tool to improve efficiency, sustainability and resi...
21/07/2026
With winners Spain having already paraded the World Cup trophy through Madrid in front of millions of fans and the dust now settling on an epic tournament of th...
21/07/2026
In a time of disarray in regional sports broadcasting, the league will provide c...
21/07/2026
When NEP designed one of its largest recurring mobile production unit fleets for PGA TOUR
coverage, the leading media services provider faced a familiar challe...
21/07/2026
High-end analogue channel strip boasts plug-in recall
Originally revealed as a prototype back at NAMM 2024, the Channex Studio channel strip represented a b...
21/07/2026
Relies on same DSP as plug-in range
Musik Hack's line-up has been influenced heavily by founder Stan Greene's work as a mixing engineer, and their M...
21/07/2026
Official collaboration with boutique builder Dirty Boy Pedals
Warm Audio have just announced the launch of a new guitar pedal range created in collaboration...
21/07/2026
SBS scores biggest ever FIFA World Cup Reach as Spain triumph in the final
21 July, 2026
Media releases
Spain v Argentina attracted a Total TV reach of al...
21/07/2026
Rohde & Schwarz showcases broad range of EMC test solutions at EMC SIPI 2026 in ...
21/07/2026
Warner Bros. Discovery's unbroken lead is interrupted as sports and live mus...
21/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
21/07/2026
Across the TV and streaming ecosystem, industry players face mounting pressure to do more with less. They must simplify operations, protect premium content and ...
21/07/2026
Tuxera, a leading prover of quality-assured file systems and networking technologies, is bringing its latest advances in connectivity performance to the media w...
21/07/2026
COW Jobs: Apple Motion Expert for Custom FCP Rigged Graphics Package
Brie Clayton July 21, 2026
0 Comments
HIRING: Apple Motion Expert for Custom FCP ...
21/07/2026
Cinegy GmbH, the premier provider of software-defined television technology, will use its presence at IBC2026 (stand 7.A01, Amsterdam RAI, 11 14 September) to...
21/07/2026
Calrec will be located in Hall 8, on Stand C47
Beyond bigger
For years, broadcast facilities were built around one assumption: provision for the biggest pro...
21/07/2026
Pebble, the leading automation, content management and integrated channel specialist, will discuss its future-facing developments for the new generation of medi...
21/07/2026
nxtedition returns to IBC2026 with its consolidated production platform, showing how scripting, editing, graphics, AI-assisted tools and automation can work wit...
21/07/2026
C2PA content signing helps broadcasters, public institutions, and publishers give audiences a verifiable record of where their video content came from and how i...
21/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
21/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
21/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
21/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
21/07/2026
New capability centralizes collaboration, feedback, security and status tracking within VIDA, providing a structured, auditable approach to master quality contr...
21/07/2026
Lightcraft Launches Exclusive Spark Story Beta for Filmmakers and Creators at SI...
21/07/2026
Indie Road Movie Where in the Hell Shot with Pocket Cinema Camera 4K
Brie Clayton July 20, 2026
0 Comments
Colorist blends vintage film looks to shape...
21/07/2026
Which USS Defiant Pulse Phaser effect is better?
Graham Quince July 20, 2026
0 Comments
Aargh, ever since @DarkRavenProductions posted a comment ask...
21/07/2026
X-Rite Pantone and NIFT Partner to Build Color Management Skills for India's...
21/07/2026
Harmonics cOS Virtualized Broadband Platform and Pearl Remote OLTs Enable Flexible PON Migration, While SeaStar Optical Node Powers Cost-Effective Multi-Gigabit...
21/07/2026
Every live event starts with a defining moment. A camera captures the game-winni...
21/07/2026
AI has entered the gigascale era.
The world's most advanced AI factories are bringing together hundreds of thousands of GPUs and CPUs to train frontier mod...
21/07/2026
NVIDIA Vera Rubin is here, and it's going gigascale.
Vera Rubin NVL72 produ...
21/07/2026
160 hours of Irish storytelling for 2026
KIN and The Walsh Sisters return
RT has today unveiled its most ambitious drama slate ever, with a record-breakin...
20/07/2026
The former Northwestern broadcast-operations leader is helping train the next generation of live-sports-production talent across the Big Ten
The sports-product...
20/07/2026
By Lucy Spicer
One of the most exciting things about the Sundance Film Festival is having a front-row seat for the bright future of independent filmmaking. Whi...
20/07/2026
Product range now readily available in the UK
Graph Tech Guitar Labs have just announced the launch of a new UK Online Store that makes it quicker and easie...
20/07/2026
Popular headset gains active noise cancellation
The Maxwell headet was Audeze's first foray into the gaming world, and thanks to its Dolby Atmos compati...
20/07/2026
The NFVF, an agency of the Department of Sport, Arts and Culture, has released t...
20/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
20/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
20/07/2026
Starfish Technologies will use IBC2026 to showcase the flexibility of its transport stream processing software, including the latest versions of TS Splicer (Win...
20/07/2026
Bitfocus, the specialist in media control and monitoring, will show at IBC2026 (Elgato stand 8.D31, Amsterdam RAI, 11 14 September) how its Buttons control la...
20/07/2026
Mediagenix, a global leader in smart content solutions to profitably connect the right content to the right audience, today announced new AI capabilities that e...
20/07/2026
Big Blue Marble's Cloud DRM has been nominated in the DRM/Content Protection category of the 2026 Streaming Media Readers' Choice Awards.
Only four pro...
20/07/2026
Monday 20 July 2026
Sky brings free global roaming to millions of loyal custome...
20/07/2026
Red Seat Ventures Announces Introduction of Premium Creator and Podcast Communit...