
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...
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
FIFA World Cup Final sets new RT Player record as the most-streamed single event in the platform's history
Over 1 million viewers watched live on RT 2 as ...
20/07/2026
At this year's SIGGRAPH conference, running through Thursday, July 23, in Lo...
20/07/2026
Erin Davis calls it the SuperDuperPOD. That's two things in one name: phar...
19/07/2026
Justin Bieber, Madonna, Shakira, BTS make for a diverse lineup, and the venue ad...
19/07/2026
The stage is set: three-time champion Argentina will defend its World Cup title ...
19/07/2026
Channel strip plug-in gets upgraded
Acustica Audio's vintage-inspired channel strip plug-in has just been treated to an update that expands its tonal ra...
18/07/2026
Topics include pre-match ceremonies, live performances, the tournament's fir...
18/07/2026
When FIFA and HBS set out to produce the 2026 FIFA World Cup, the numbers alone ...
18/07/2026
Captures nine sought-after Fender amps
IK Multimedia's latest TONEX expansion captures a selection of nine rare Brown Panel' Fender amps that were ...
18/07/2026
Latest batch ships alongside firmware update
Since being unveiled at Superbooth 2025, Frap Tools' debut polysynth has been met with widespread praise, a...
18/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
18/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/07/2026
In-venue and creative video staffers at the professional and collegiate level ha...
17/07/2026
Production workers at Brooklyn Bowl's Williamsburg location voted 15-1 to join IATSE Local 4. The bargaining unit covers 24 production workers at the venue,...
17/07/2026
DAZN and ADI Predictstreet have announced an exclusive global strategic partners...
17/07/2026
Zixi and Comcast Technology Solutions (CTS) have announced a strategic integrati...
17/07/2026
Professional Fighters League (PFL) has announced a multi-year partnership with E...
17/07/2026
Spectrum Business has announced Spectrum TV Control Pro, a centralized app-based...
17/07/2026
Clark Wire and Cable has announced that Rick Fernandez, Managing Director of Axxion Consulting, will serve as Independent Manufacturers Representative for Centr...
17/07/2026
TikTok, the NBA, and the WNBA have announced a multi-year global content partnership covering highlights distribution, creator access to marquee events, live-ga...
17/07/2026
Company alleges article contained false and misleading claims regarding customer data...
17/07/2026
Ratings Roundup is a rundown of recent rating news and is derived from press rel...
17/07/2026
(L-R) Edward James Olmos, Luis Valdez, Lou Diamond Phillips and Lupe Valdez attend American Pachuco: The Legend Of Luis Valdez Premiere during the 2026 Sundan...
17/07/2026
Full engine access with reduced soundset
Sonuscore have steadily been introducing a selection of reduced-cost and free versions of their flagship products r...
17/07/2026
Two new special-edition models revealed
Over the past week, Arturia have launched special-edition versions of both their premium MIDI controller and stage p...
17/07/2026
Original founder now back at the helm
In a message posted on his personal social media accounts, Dirk Ulrich has announced that both Plugin Alliance and Bra...
17/07/2026
Legendary presenter Anton Enus to sign off from SBS World News after 27 years wi...
17/07/2026
Millions rise before dawn to watch FIFA World Cup 2026 semi-finals on SBS
17 July, 2026
Media releases
England v Argentina attracted a Total TV reach of a...
17/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/07/2026
Foundry Releases SmartRoto for Nuke
Brie Clayton July 17, 2026
0 Comments
Spline-based AI powered plugin accelerates time-consuming rotoscoping, helping...
17/07/2026
A Short Documentary About a Giant Pencil Edited with DaVinci Resolve Studio
Brie Clayton July 17, 2026
0 Comments
SBIFF jury award winner finished fro...
17/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/07/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/07/2026
Lightware has published its second voluntary Sustainability Report, showing how energy efficiency, product longevity and responsible material use are increasing...
17/07/2026
Creative software developer Foundry today announced Griptape Enterprise, a new tier of the Griptape AI workflow orchestration platform, extended to meet the str...
17/07/2026
Creative software developer Foundry today announced the availability of SmartRoto, a new AI-powered plugin upgrade for Nuke, NukeX, Nuke Studio, and Nuke Indie ...
17/07/2026
The Final Release of Blackmagic Fairlight Live is Now Available!
Brie Clayton July 16, 2026
0 Comments
Fairlight Live is a new audio mixer designed fo...
17/07/2026
Leveraging All of Entertainment's IP
Andy Marken July 16, 2026
0 Comments
Nobody ever wins the games. Period. There are survivors. There\s no win...
17/07/2026
From intimate acoustic settings to large-scale festival stages, her focus has remained constant: preserving the true natural voice of the violin in every perfor...
17/07/2026
New and returning series, live festival broadcasts, powerful documentaries and major sporting moments headline RT Radio 1's summer schedule
RT Radio 1 is...