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 ...

07/10/2026

Dalet Flex LTS Delivers Smarter Media Operations from Ingest to Distribution

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

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...

04/09/2026

Lightware expands LARA capabilities with new GUDE driver

Lightware is expanding its LARA (Lightware Advanced Room Automation) platform with the GUDE Power Distribution Units (PDU) driver module. GUDE devices can now b...

04/09/2026

People Behind the Technology - How Lightware Invests in W...

Lightware shares the second release in its ESG communications series. Following the first piece, which focused on the companys environmental performance, this r...

04/09/2026

Big Blue Marble delivers record 10 Tbps for European publ...

Big Blue Marble supported a leading European public service broadcaster in delivering the Soccer World Cup 2026 streams, supplying more than 10 Tbps of bandwidt...

04/09/2026

Hitomi MatchBox Glass is honoured with Emmy Award

Outstanding achievement in engineering, science and technology Hitomi Broadcast has been recognised with an Engineering, Science & Technology Emmy from the Ac...

04/09/2026

California, Hollywood at a Crossroads

California, Hollywood at a Crossroads Andy Marken September 3, 2026 0 Comments I'm doing everything alone. Crossing roads alone. Seeing the Eiffe...

04/09/2026

Berklee Announces Winners of 2026 SongwritersdB Songwriting Contest

Berklee Announces Winners of 2026 SongwritersdB Songwriting Contest Students Luca Alexandru, Annika Wild, and Johanna James received the top prizes for origin...

04/09/2026

EVS, Matrox Partner on EBUs Dynamic Media Facility Initiative

Share Copy link Facebook X Linkedin Bluesky Email...

04/09/2026

TAG Video Systems Unveils TAG Blue

Share Copy link Facebook X Linkedin Bluesky Email...

04/09/2026

Orlando Magic and Gray Media Ink Full Season Broadcast Deal

Share Copy link Facebook X Linkedin Bluesky Email...

04/09/2026

RT ANNOUNCE NEW DRAMA THE MURDER OF MR. MOONLIGHT BASED ON THE DISAPPEARANCE AND MURDER OF BOBBY RYAN

RT ANNOUNCE NEW DRAMA THE MURDER OF MR. MOONLIGHT BASED ON THE DISAPPEARANCE...

03/09/2026

Yospace releases new Ad Presentation solution, unlocking revenue opportunities with non-linear ad formats

Yospace will be at IBC from 11th - 14th September (booth 5.C78). For more inform...

03/09/2026

Creative Technology Group Announces Leadership Transition Effective January 2027

NEP Group has announced leadership changes at Creative Technology Group. Founder and CEO Graham Andrews will step away from day-to-day leadership at the end of ...

03/09/2026

NFL and TikTok Renew Multi-Year Partnership

The NFL and TikTok have announced a multi-year partnership renewal expanding the league's presence on the platform. NFL posts on TikTok increased more than ...

03/09/2026

Grass Valley Appoints Ronny Van Geel as Vice President, Cameras

Grass Valley has appointed Ronny Van Geel as Vice President, Cameras. Van Geel began his career in 1999 at Philips DVS and moved into product management in 2005...

03/09/2026

IBC 2026: Telestream to Preview Vantage Super Resolution

Telestream has announced Vantage Super Resolution, an AI-powered upscaling capability for the Vantage media workflow platform, developed in collaboration with N...

03/09/2026

IBC 2026: Solid State Logic TCA Tour

Solid State Logic (SSL) will debut the TCA Tour at IBC2026 (Hall 8, Stand 8.B45), a portable production system built from System T components in a desktop frame...

03/09/2026

IBC 2026: DPA Microphones Launches 6388 CORE+ Headset Microphone

DPA Microphones has announced the 6388 CORE Headset Microphone, making its debut at IBC2026 (Hall 8, Stand D60). The supercardioid headset features a physicall...

03/09/2026

IBC 2026: Qvest to Demonstrate Multi-Vendor Dynamic Media Facility Showcase

Qvest will present a multi-vendor Dynamic Media Facility (DMF) showcase at IBC2026 (Booth 10.C24), demonstrating how the EBU's DMF architecture can be imple...

03/09/2026

IBC 2026: Imagine Communications Debuts Magellan PanelFlex

Imagine Communications will showcase the Magellan PanelFlex control surface and other control portfolio updates at IBC2026 (Stand 1.B73, RAI Amsterdam, Septembe...

03/09/2026

IBC 2026: Bridge Technologies Launches Software-Based VB440 Deployment Option

Bridge Technologies will announce at IBC2026 (Booth 1.A71) that its VB440 production probe is now available as a software-based solution, deployable on commerci...

03/09/2026

Audio-Technica Launches BP350ST Mid-Side Stereo Microphone in Two Variants

Audio-Technica has unveiled the BP350ST MS (mid-side) microphone in two versions: the camera-mount BP350ST-UL and the boundary or gooseneck-mountable BP350ST-UB...

03/09/2026

IBC 2026: Jnger Audio flexAI Adds CastCompanion, 12G-SDI, NDI, and TVU MediaMesh Integration

Telos Alliance will introduce updates to the J nger Audio flexAI audio processin...

03/09/2026

DUNKMAN to Expand in 2027 with Team Competitions, Junior Division, and Global Qualifiers

DUNKMAN, the professional dunk league founded by Shaquille O'Neal in partner...

03/09/2026

Orlando Magic Tap DAZN as DTC Streaming Partner, Will Join OTA Distribution Plans for 2026-27 Season

Orlando's WRDQ TV 27, WFTV Channel 9 previously named over-the-air broadcast...

03/09/2026

EverPass Media Expands NFL Agreement with Netflix for Commercial Venues

EverPass Media has announced a multi-year commercial distribution agreement with Netflix, expanding on an existing partnership that has delivered NFL Christmas ...

03/09/2026

Yahoo Sports and Apple TV Partner on MLB and MLS Alternate Broadcasts

Yahoo Sports and Apple TV have announced a partnership to deliver alternate broadcasts of select Friday Night Baseball and MLS games on the Yahoo Sports website...

03/09/2026

BIG EAST's Scott Hecht on the Evolution of Campus Production and What Comes Next

With another academic year underway, college athletic departments across the cou...

03/09/2026

ESPN Debuts Revamped, Cutting-Edge Studio W in Bristol as New Home to NFL Live, College Football, and More

Facility becomes permanent home of NFL Live on Sept. 9; centerpiece studio for c...

03/09/2026

Anthony Marinelli launches Bass DNA course

Create musical synth bass sounds from scratch Anthony Marinelli Music have recently announced the launch of Bass DNA, a new online course that teaches music...

03/09/2026

IK Multimedia unveil the Tonex Board

Most powerful Tonex hardware to date IK Multimedia's latest release introduces their most advanced Tonex hardware unit to date, combining their AI Machi...

03/09/2026

Penteo Audio Plugins announce Penteo 8

Upmix & downmix software upgraded Penteo Audio Plugins have announced that the latest version of their powerful upmix and downmix software is now available....

03/09/2026

Young talents begin their training at SGL Carbon in Germany

With the start of the new apprenticeship year, young talent has once again begun their professional careers at SGL Carbon's sites in Germany. Recently, the ...

03/09/2026

Calrec advances EBU's Dynamic Media Facility vision at IBC 2026

With the industry increasingly embracing hybrid, software-defined production models, Calrec will preview a series of Argo and ImPulseV software enhancements at ...

03/09/2026

NAB Backs Most Proposed EAS Changes at FCC

Share Copy link Facebook X Linkedin Bluesky Email...

03/09/2026

TiVo Expands FAST Channels, AI Discovery with Latest OS Update

Share Copy link Facebook X Linkedin Bluesky Email...

03/09/2026

Eluvio Advances Content Fabric, AI at IBC 2026

Share Copy link Facebook X Linkedin Bluesky Email...

03/09/2026

Haivision Adds Bonded 5G Cellular Support to Makito ONE

Share Copy link Facebook X Linkedin Bluesky Email...

03/09/2026

Alex Pannell Joins Gravity Media as Chief Business Officer

Share Copy link Facebook X Linkedin Bluesky Email...

03/09/2026

AI-Media To Feature Multilingual AI Developments At IBC2026

Share Copy link Facebook X Linkedin Bluesky Email...

03/09/2026

Tuxera and ATTO collaborate to deliver blistering macOS n...

Recognizing the ever-increasing demands for media throughput in challenging environments like post-production, two leaders in network technology have worked tog...

03/09/2026

EVS and Matrox Video Join Forces to Accelerate Dynamic Me...

EVS, a leader in live video technology and production infrastructure solutions, and Matrox Video, a leader in software-defined media technology and IP-based vid...

03/09/2026

AJA Debuts OG-FiDO-4 openGear Four-Channel SDI/Fiber Conversion Cards

AJA Debuts OG-FiDO-4 openGear Four-Channel SDI/Fiber Conversion Cards Brie Clayton September 3, 2026 0 Comments New product family expands 12G-SDI and...

03/09/2026

Nice Touch launches V2 of its AI edit assistant for professional editors

Nice Touch launches V2 of its AI edit assistant for professional editors Brie Clayton September 3, 2026 0 Comments Built by two editors with twelve ye...

03/09/2026

Accedo and MediaKind Launch End-to-End Streaming Solution...

Accedo, a global provider of video streaming software and services, and MediaKind, a world-leading video technology company and the number one independent provi...

03/09/2026

14 Percent of live sports viewers have considered switchi...

International research from Big Blue Marble puts a consumer churn number against a technical failure, and sets out what streaming providers must fix before 2030...

03/09/2026

Broadpeak expands CDNaaS for streaming at scale with new...

High-performance points of presence power video streaming delivery to large audiences across Latin America with guaranteed quality of experience Broadpeak , a ...

03/09/2026

Dalia Delivers New Agentic Workflows Changing How Media W...

Dalet, a leading technology and service provider for media-rich organizations, will unveil the next evolution of Dalia at IBC2026 (7.A43), its media-aware agent...