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 ...

06/09/2026

Dolby and MagentaTV Bring Fans Closer to the FIFA World Cup 2026 in Germany with Dolby Vision and Dolby Atmos

June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...

04/08/2026

Dalet Announces Commercial Availability of Dalia, Bringing Media-Aware Agentic AI to Enterprise Productions

Dalet, a leading technology and service provider for media-rich organizations, t...

04/07/2026

Detective Conan: Fallen Angel of the Highway Opens in Dolby Cinemas Across Japan, Presented in Dolby Atmos and Dolby ...

April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...

01/07/2026

Broadcast Management Group Appoints Kathy Samuels as Director of Creative Services

Broadcast Management Group (BMG) has announced the appointment of Kathy Samuels ...

01/07/2026

Shade Launches Custom Objects and Automations

Shade has announced Custom Objects and Automations, a platform expansion releasing June 29, 2026, that adds database and workflow automation capabilities direct...

01/07/2026

FOR-A America Adds Two Regional Sales Leaders

FOR-A America has announced the addition of Jaz Wray and Fernando Cruz to its U.S. sales team. Both report to Ernie Leon, Senior VP and Head of Sales and Strate...

01/07/2026

NBC Sports To Present All 15 MLB Games Nationally on July 4 Weekend Star-Spangled Sunday'

NBC Sports will air all 15 MLB games nationally on Sunday, July 5, across NBC, P...

01/07/2026

Clear-Com Upgrades Wireless Communications for Jeopardy! and Wheel of Fortune

Clear-Com has announced a wireless communications upgrade for Jeopardy! and Wheel of Fortune, deploying FreeSpeak II and FreeSpeak Icon systems across both prod...

01/07/2026

England Deploys Sony STATSports Live GPS Tracking at FIFA World Cup 2026

England's performance team will use Sony's STATSports APEX GPS tracking system to monitor player physical data in real time during FIFA World Cup 2026 m...

01/07/2026

Adder Technology Appoints Neil Hillier as CEO

Adder Technology has announced the appointment of Neil Hillier as Chief Executive Officer, effective July 1, 2026. Hillier succeeds Adrian Dickens, who transiti...

01/07/2026

Bitcentral Splits Into Two Companies: Bitcentral and ViewNexa

Bitcentral, Inc. has announced a strategic transaction creating two separate companies. The Production and Playout business will continue as Bitcentral, now own...

01/07/2026

DAZN48 Creator Initiative Draws Global Participation for FIFA World Cup 2026

DAZN has announced results from DAZN48, its creator initiative for the FIFA World Cup 2026. Launched in April 2026, the program received thousands of applicatio...

01/07/2026

IDEA To Induct Daktronics Sarah Rose Into Hall of Fame

Sarah Rose, VP, global services, Daktronics (NASDAQ: DAKT), will be inducted into the Information Display and Entertainment Association (IDEA) Hall of Fame at t...

01/07/2026

Gravity Media Delivers Distribution and Streaming Services for World Economic Forum in Dalian

Gravity Media and the World Economic Forum's production team provided broadc...

01/07/2026

Insight Productions Launches Insight Storm, a 53-Foot Esports Broadcast Truck

Insight Productions has announced the launch of Insight Storm, a 53-foot mobile broadcast unit built for esports production. The truck is built around a Ross Vi...

01/07/2026

ESPN Announces America 250 Content Initiatives Across Platforms

ESPN has announced several content initiatives marking America's 250th anniversary, as part of The Walt Disney Company's Disney Celebrates America pro...

01/07/2026

At Cosm, FIFA World Cup 2026 Is a Coming-of-Age Moment as Shared Reality Becomes Bucket-List Entertainment

Eleven production kits, REMI workflows, and cloud distribution bring 40 World Cu...

01/07/2026

SVG Regional Sports Production Summit Draws Industry Leaders to Denver for Deep Dive on Evolving RSN Landscape

The conference also discussed the opportunities offered an industry that is endu...

01/07/2026

Mountain West Launches MW+ Streaming Platform Powered by Kiswe

The Mountain West Conference has announced the launch of MW , a direct-to-consumer streaming platform powered by Kiswe. The platform will carry live Mountain We...

01/07/2026

Tracktion unleash Waveform 14 DAW

New AI Assistant, Multi-channel Audio, ARA2 improvements & more Tracktion's DAW software has just received its latest major update, gaining a selection ...

01/07/2026

The Crow Hill Company release Brackish Pads

Stammering, stuttering, strangulated tones The Crow Hill Company's latest creation promises to be the most original sound set they've produced to d...

01/07/2026

Sweetwater & Andertons launch Darkglass Anagram Limited Edition Guitar Essentials

Exclusive run of limited-edition modelling pedals Sweetwater and Andertons M...

01/07/2026

Call for NFVF funding applications to attend Film Festivals and Markets taking place from 01 August 2026 - 31 October 2026

The National Film and Video Foundation (NFVF) is pleased to announce that the ca...

01/07/2026

FCC Plans to Auction 160 MHZ of Midband Spectrum

Share Copy link Facebook X Linkedin Bluesky Email...

01/07/2026

CBS Miami Launches Hope 4 Venezuela' Relief Effort

Share Copy link Facebook X Linkedin Bluesky Email...

01/07/2026

Riedel, SKAARHOJ Expand Collaboration With SimplyLive Integration

Share Copy link Facebook X Linkedin Bluesky Email...

01/07/2026

Gray Media to Buy American Spirit Media's TV Stations

Share Copy link Facebook X Linkedin Bluesky Email...

01/07/2026

Cascade PBS Launches App Solution Provider 'Local Public

Share Copy link Facebook X Linkedin Bluesky Email...

01/07/2026

Manfrotto Introduces UNCOVER, the new premium camerabag collection for modern hybrid creators

Manfrotto Introduces UNCOVER, the new premium camera bag collection for modern h...

01/07/2026

Blackmagic Design Powers Houston Tamil Sangam Literacy Competition

Blackmagic Design Powers Houston Tamil Sangam Literacy Competition Brie Clayton July 1, 2026 0 Comments Volunteers use ATEM Mini Pro, Blackmagic Desig...

01/07/2026

Riedel, SKAARHOJ Expand Collaboration WithSimplyLive Integration

Share Copy link Facebook X Linkedin Bluesky Email...

01/07/2026

PlayBox Technology Publishes State of Broadcast Infrastru...

PlayBox Technology has published State of Broadcast Infrastructure 2026, an in-depth industry research report examining the technologies, operational challenges...

01/07/2026

Jigsaw24 Appoints Alan Henry as Head of Sales for Media a...

LONDON, UK, 1 JULY Jigsaw24 has appointed Alan Henry as Head of Sales for Media and Entertainment, reinforcing its continued investment in helping broadcaster...

01/07/2026

Content Vault Partner with XMA to Distribute Universal Fi...

Content Vault, the patent-pending secure content distribution platform protecting high-value media from disclosures, theft and unauthorised access, today announ...

01/07/2026

Bitcentral Announces Strategic Evolution to Create Two F...

Bitcentral, Inc. a leading provider of enterprise software and digital media solutions for news, sports and entertainment broadcasters, as well as streaming pla...

01/07/2026

Adder Technology Names Neil Hillier as CEO

Share Copy link Facebook X Linkedin Bluesky Email...

01/07/2026

IBCAP Opens New Anti-Piracy Lab in Denver

Share Copy link Facebook X Linkedin Bluesky Email...

01/07/2026

FCC Plans to Auction 160 MHZ of Mid-Band Spectrum

Share Copy link Facebook X Linkedin Bluesky Email...

01/07/2026

CBS Miami Launches 'Hope 4 Venezuela' Relief Effort

Share Copy link Facebook X Linkedin Bluesky Email...

01/07/2026

Groundbreaking First Nations Screen Business Accelerator launched through national partnership

Groundbreaking First Nations Screen Business Accelerator launched through nation...

01/07/2026

Chyron Launches the All-New Chyron Academy: A Reimagined, Hands-On Learning Experience for Live Broadcast Production

Chyron Launches the All-New Chyron Academy: A Reimagined, Hands-On Learning Expe...

01/07/2026

Amplium Captures Kawasaki Brave Thunders Game with Blackmagic URSA Cine Immersive

Amplium Captures Kawasaki Brave Thunders Game with Blackmagic URSA Cine Immersiv...

01/07/2026

Boris FX Optics Expands Plugin Support to Apple Photos, Capture One, and Affinity Photo

Boris FX Optics Expands Plugin Support to Apple Photos, Capture One, and Affinit...

01/07/2026

UKTV appoints Matt Berry as General Manager to lead brand and marketing strategy

UKTV has today announced the appointment of Matt Berry to the newly created role of General Manager - Marketing, effective 1 July. Matt will take on this senio...

01/07/2026

Fussy asks Britain one simple question: Are you a Tosser?

Sky Zero Footprint Fund-backed TV campaign featuring Deborah Meaden challenges consumers to rethink everyday bathroom wasteWednesday 1 July 2026 Fussy asks Bri...

01/07/2026

New Sky research reveals postcode lottery leaving girls behind in sport

Constituency-level analysis reveals where girls miss out most on sport - and where targeted action could unlock more than £640 million in economic and health be...

01/07/2026

Riedel and SKAARHOJ Expand Collaboration With SimplyLive Integration

Wuppertal July 1, 2026 Riedel and SKAARHOJ Expand Collaboration With SimplyLive IntegrationRiedel Communications today announced an expanded collaboration wit...

01/07/2026

Apple Creator Studio gets smarter, faster, and more connected - UPDATE - Posted on 30 June 2026

Apple today introduced power-packed updates to Apple Creator Studio, a groundbre...