
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
04/09/2025
Monumental Sports & Entertainment (MSE), in collaboration with Dalet, has been a...
01/05/2025
WASHINGTON The Corporation for Public Broadcasting has filed a lawsuit to stop the Trump administration from firing three of its board members, claiming the pre...
01/05/2025
HONG KONG Riedel Communications today said it has opened a new office in Hong Kong, enhancing its presence in the Asia-Pacific region....
01/05/2025
MUMBAI, India & BALTIMORE In a development that could advance efforts to bring NextGen TV to cellphones, FreeStream Technologies, Lava International and HMD hav...
01/05/2025
01 05 2025 - Media release Screen Australia empowers 100 distinctive Australian narratives
All The Boys Are Here writer/director Goran Stolevski and It s All...
01/05/2025
How PFX Delivered 750 VFX Shots in Just Four Months For Anthony Hopkins Thriller...
01/05/2025
Careline's New Wave Makeup Commercial Shot With URSA Cine 12K LF
Brie Clayton May 1, 2025
0 Comments
CAD Studios relies on large format, full fram...
01/05/2025
RT Investigates reveals details of Christian Brothers who were senior leaders a...
01/05/2025
RT Statement
The Enterprise Resource Planning (ERP) project is one of the projects that was funded from the proceeds of RT 's land sale in 2017, the init...
01/05/2025
Watch our promo: RT Supporting the Arts | What's on
This May, RT is delighted to support Bealtaine Festival, Fastnet Film Festival, and Dublin Dance Fest...
01/05/2025
For Nicolas Simon, advancing the field of robotics is a personal mission that could change his siblings' lives.
Two-thirds of Simon's family members us...
30/04/2025
Film elements held at the Deluxe warehouse in March of 2015. Photo by Luis Silva...
30/04/2025
EA SPORTS FC 25 fans in Australia and Saudi Arabia, get ready to immerse yourselves in the beautiful game like never before. Spotify is excited to announce a n...
30/04/2025
The past year has been nothing short of a whirlwind for Tucker Wetmore. After th...
30/04/2025
Mexico's love for podcasts is no longer a trend-it's a lifestyle. With m...
30/04/2025
Slam poet Huda the Goddess wins 2025 Les Murray Award
30 April, 2025
Media releases
Australia for UNHCR and SBS are proud to announce that Huda Fadlelmawla...
30/04/2025
SBS, NITV and NIDA partner to empower the next generation of screen creatives
30 April, 2025
Media releases
SBS, National Indigenous Television (NITV) and ...
30/04/2025
By Joyce JC Cataldo
The media and entertainment industry is evolving faster than ever. Technology is shifting the way we create, distribute, and experience c...
30/04/2025
An image of Valencia, Spain, in the OneAtlas Living Library...
30/04/2025
NEWPORT BEACH, Calif. WPSD-TV, the NBC affiliate in Paducah, Ky., has selected Bitcentral's Central Control playout system to upgrade the station's mast...
30/04/2025
AMSTERDAM Zero Density, a global provider of virtual studio productions and on-air graphics, has appointed Baris Zavaroglu as its new CEO. Zavaroglu succeeds Of...
30/04/2025
The Avit Group, a forward-thinking audio-visual technology company, is bringing over 50 years of combined experience in delivering audio-visual design and insta...
30/04/2025
NXTGENbps will be showcasing its latest sustainable battery power solutions at this year's Media Production & Technology Show (MPTS), appearing alongside pa...
30/04/2025
Van Dyke skates and operates on Shoresy | photo by Dave Ferguson
Toronto-based Cinematographer Brett Van Dyke (Heartland, Jann, Carter) stepped into the rink...
30/04/2025
Leading provider of media playout solutions PlayBox Neo will exhibit a vast array of significant upgrades to its range of smart media innovations at CABSAT from...
30/04/2025
ITV Studios is renowned for its award-winning productions, including the reality TV phenomenon I'm a Celebrity Get Me Out of Here! Produced by Lifted Ente...
30/04/2025
The UK's presence at this year's CABSAT brings together 20 innovative companies under the GREAT Britain and Northern Ireland banner. From advanced infra...
30/04/2025
Lightware continues to strengthen its Environmental, Social, and Governance (ESG) initiatives by fostering diversity, inclusion, and community engagement within...
30/04/2025
LiveU is demonstrating for the first time in the UK, its revolutionary technological breakthrough in IP-video transport, LiveU IQ (LIQ ) and bringing its expand...
30/04/2025
Stand: A40
Calrec has been putting sound in the picture for more than six decades and is still pushing the boundaries of audio broadcasting with a full range o...
30/04/2025
Buckinghamshire New University (BNU) has opened its new virtual production studio, designed and integrated by CJP Broadcast. The installation equips students wi...
30/04/2025
Independent news producer in India focuses on delivering stories
nxtedition has supplied a complete newsroom system to Collective Newsroom, based in New Delhi,...
30/04/2025
Connecting the present, building the future
FOR-A, a cutting-edge video broadcast technology company backed by more than 50 years experience, will showcase it...
30/04/2025
DAD by NTP Technology reports a successful NAB Show in Las Vegas where the company focused on upcoming expansion options in development for its Thunder | Core a...
30/04/2025
CVP and Canon UK & Ireland are proud to announce the winning projects from the third annual Stories in Motion Young Filmmakers Awards, which took place on the e...
30/04/2025
Leading video software provider, Synamedia, today announced that beIN MEDIA GROUP ( beIN'), one of the foremost global sports and entertainment broadcasters...
30/04/2025
The Canadian Premier League (CPL) today launched a new-look website and app, offering supporters of Canada's men's domestic professional soccer league a...
30/04/2025
WASHINGTON In a wide-ranging press conference, Federal Communications Commission Chair Brendan Carr had both good and bad news for broadcasters, stressing that ...
30/04/2025
TORONTO Cignal TV is relying on Quickplay's Shorts tool for its recently launched Pilipinas Live Shorts service, available to millions of users of Pilipinas...
30/04/2025
NEW YORK Steve Lanzano will retire as president and CEO of the Television Bureau of Advertising at year-end, the group said....
30/04/2025
The news production tech provider nxtedition is reporting that it supplied a complete newsroom system to Collective Newsroom, an independent news producer based...
30/04/2025
NEW YORK As part of a major push to advance the role that artificial intelligence (AI) plays in the advertising industry, the Interactive Advertising Bureau has...
30/04/2025
Uzbekistan Airways is the latest airline to choose SES's network, while Thai...
30/04/2025
Loaded Uses Blackmagic Design for shroud Subathon Live Streams
Brie Clayton April 29, 2025
0 Comments
Blackmagic Studio Cameras and Micro Studio Camer...
30/04/2025
Help shape the future of video creator tools with MIDiA
Brie Clayton April 29, 2025
0 Comments
After a successful debut in 2024, MIDiA is calling once...
30/04/2025
Tania Le n and Kelli O'Hara to be Honored at Boston Conservatory at Berklee&...
30/04/2025
Andr 3000 and Sara Bareilles to Receive Honorary Doctorates at Berklee College ...
30/04/2025
You've seen the headlines, now it's time to go Behind the Story
RT News has today (Wednesday) launched a brand-new news podcast, Behind the Story, h...
30/04/2025
Damien Molony will head back to Jersey for a second series of Bergerac, written by Toby Whithouse alongside Ashley Sanders, Emilie Robson and Faebian Averies
D...
30/04/2025
Advancing multi-domain EW operations: Rohde & Schwarz unveils latest innovations...