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 ...

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...

01/06/2026

Dolby Sets the New Standard for Premium Entertainment at CES 2026

January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026 Throughout the week, Dolby brings to life the latest innovatio...

02/05/2026

Dalet Flex LTS Delivers Smarter Search, Faster Editing, and an AI-Ready Foundation for Modern Media

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

01/05/2026

NBCUniversal's Peacock to Be First Streamer to Integrate Dolby's Full Suite of Premium Picture and Sound Innovations

January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...

25/04/2026

Spotify and Vogue Celebrate Music and Culture in Mexico City

In the heart of Mexico City, music, culture, and fashion converged last night as Spotify and Vogue Latin America welcomed guests to an intimate gathering at Soh...

25/04/2026

Brainworx introduce bx_tonebox

New modular multi-effects plug-in revealed The latest plug-in from Brainworx delivers a modular set of effects designed to offer a convenient alternative to...

25/04/2026

Mediagenix Sweeps 2026 NAB Awards With Wins for Product of the Year and Best of Show for Scheduling Optimization

Mediagenix Sweeps 2026 NAB Awards With Wins for Product of the Year and Best of ...

25/04/2026

SCHOEPS Microphones Announces Desert Island Boom Set for NAB 2026

SCHOEPS Microphones Announces Desert Island Boom Set for NAB 2026 Brie Clayton April 24, 2026 0 Comments Compact modular set ideal for location sound ...

25/04/2026

Berklee Africana Studies Hosts Gospel Extravaganza 2026

Berklee Africana Studies Hosts Gospel Extravaganza 2026 The Signature Series event will honor three new inductees to the Berklee Gospel Hall of Fame and celeb...

25/04/2026

Student Spotlight: Siva

Student Spotlight: Siva Maja Gierszewska, who performs under the artist name Siva, shares how she found her songwriting confidence at Berklee. April 24, 2026...

25/04/2026

WNBA Offers Free Streaming of all Preseason Games

Share Copy link Facebook X Linkedin Bluesky Email...

24/04/2026

Churchill Downs Inc. Acquires Preakness Stakes for $85 Million

Churchill Downs Inc. (CDI) has announced a definitive agreement to acquire the intellectual property of the Preakness Stakes and Black-Eyed Susan Stakes from 1/...

24/04/2026

Inter Miami CF Opens Miami Freedom Park with 26 LED Displays From Daktronics, DCL

Daktronics has partnered with DCL (Design Communications, Ltd.) to design, manuf...

24/04/2026

NAB 2026: Chyron Launches PRIME Translate for Multi-Language Live Production

Chyron has announced PRIME Translate, a workflow solution that produces live content simultaneously in multiple languages within the PRIME platform. The system ...

24/04/2026

Eutelsat Supports Co-op Cable in Launching Expanded DTH Offering Across the Caribbean

Eutelsat has announced a new partnership with Co-op Cable, introducing an expand...

24/04/2026

Pitch Dublin Deploys Panasonic Laser LCD Projectors for Indoor Golf and Hospitality Venue

Pitch Dublin, an indoor golf simulation and hospitality venue on Dawson Street i...

24/04/2026

G&D and VuWall Appoint Mirko Aubel as EVP Sales EMEA/APAC, Eric Hnique as Chief Revenue Officer

G&D and VuWall have announced two senior leadership appointments, effective Apri...

24/04/2026

Victory+ Becomes Exclusive Local Streaming Home for Minnesota Lynx

Victory , the free sports streaming service from A Parent Media Co. Inc. (APMC), has announced a multi-year agreement to become the exclusive local streaming ho...

24/04/2026

SVG Students To Watch: Jason Weitz, University of South Florida

The former business major from Massachusetts has found his home in graphics and bug operation while contributing to live ESPN productions In the live-sports-vi...

24/04/2026

MASN and Spectrum Announce Multiyear Carriage Agreement

The Mid-Atlantic Sports Network (MASN) and Spectrum have announced a multiyear carriage agreement making MASN available to Spectrum customers in areas of southe...

24/04/2026

Case Study: 4Wall Entertainment Powers 2026 NFL Draft on NETGEAR AV Line Network

The NFL Draft is rebuilt from the ground up in a new city every year. The three-day fan festival is expected to draw 500,000 or more attendees, with millions fo...

24/04/2026

Diversified Continues Live Sports Expansion, Supports Mobile TV Group Ops Center Buildout

Diversified has continued expansion of its sports and media capabilities to supp...

24/04/2026

NAB Show 2026 Is In The Books! Our Coverage Continues at SVG's SportsTech@NABShow Blog

NAB reports that the 2026 NAB Show wrapped with more than 58,000 registered atte...

24/04/2026

NAB 2026: Clear-Com Announces Updates to Arcadia Central Station and Eclipse HX with New ARC Architecture

Clear-Com has announced significant updates to its Arcadia Central Station and E...

24/04/2026

NAB Reports 58,000+ Registered Attendees at 2026 NAB Show, Up From 2025 but Down From 2024

NAB reports that the 2026 NAB Show wrapped with more than 58,000 registered atte...

24/04/2026

Ratings Roundup: NHL Sees Best Regular Season Average Since 2013; CBS Sports Secures Most Watched Final Round Masters

Ratings Roundup is a rundown of recent rating news and is derived from press rel...

24/04/2026

Bleacher Reports Live NFL Draft Stream Builds on Record-Breaking Audience With Player-Driven, Interactive Production

B/R NFL Draft Live' refines the digital giant's productions around footb...

24/04/2026

Sportradar Report: The Viewing Experience Is the Product' as Sports Media Enters New Era of Personalization, Data-Driven Storytelling

Study highlights five pillars shaping modern fan engagement as broadcasters reth...

24/04/2026

ESPN/ABC, NFL Network Prepare for Record-Setting NFL Draft Presentation From Pittsburgh

The 2026 event, the first Draft with NFL Network under the ESPN umbrella, will b...

24/04/2026

SVG GameDay, Ep. 12: Detroit Lions' Jessica Shlemon - Motor City Football at Ford Field

In-venue and creative video staffers at the professional and collegiate level ha...

24/04/2026

Van Wagner Brings Warhol-Inspired Pop Art Vision to NFL Draft Videoboard Production

Integral to the Draft production for three almost decades, the company tells the...

24/04/2026

Film Festival Watch: 17 Sundance Institute-Supported Films to Screen at the 2026 Hot Docs Festival

Championing documentaries that illuminate and expand the artform is at the core ...

24/04/2026

Audiobooks About Climate, Conservation, and the Stories They Inspire

Earth Day is a chance to reflect on our connection to the natural world. To mark the 57th Earth Day on April 22, Spotify's editors have pulled together a co...

24/04/2026

From Page to Stage: Spotify Celebrates Storytelling at the LA Times Festival of Books

This past weekend, Spotify was at the heart of the largest literary event in the...

24/04/2026

What 20 Years of Spotify Data Reveals About Our Listeners

All data tells a story, and in our case, that story is written by you. To celebrate 20 years of Spotify, we're sharing bite sized moments that capture how t...

24/04/2026

The Look Behind the Sound

Over the past 20 years, Spotify's look and feel has evolved with the way people use our platform, while ensuring we preserve an intuitive, personal, and fam...

24/04/2026

Spotify at 20: The Most Streamed Music, Podcasts, and Audiobooks of All Time

It's been 20 years since Spotify began, but the real story is what the world chose to play. For the first time, we're unveiling the most streamed artist...

24/04/2026

Spotify Brings Music and Podcast Recommendations to Claude

Whether you're relaxing at home or on the go, Spotify is there across more than 2,000 devices, ready with your favorites or something new to discover. Now, ...

24/04/2026

Nintendo and Spotify Bring Nostalgia with New Super Mario Galaxy' Playlists

Nintendo and Spotify are welcoming fans to the Super Mario Bros. 40th anniversary and the release of The Super Mario Galaxy Movie with new playlists and a speci...

24/04/2026

AES Show moves to Nashville

30 October - 1 November 2026 The Audio Engineering Society (AES) have announced that the AES Show 2026 will be held on Halloween weekend - Friday 30 October...

24/04/2026

Sennheiser introduce the HD 480 Pro

New closed-back design promises honest' low end Sennheiser have just announced the launch of a new pair of flagship closed-back headphones which they s...

24/04/2026

Cre8audio unveil the Programm

Powerful 12-channel hardware sequencer announced Cre8audio are renowned for their innovative, and often visually striking, designs and although their latest...

24/04/2026

IK Multimedia ARC X Immersive arrives

Room correction now supports full 9.1.6 Dolby Atmos setups The software element of IK Multimedia's room-correction system has just received an update th...

24/04/2026

VSL announce free Big Bang Orchestra expansions

New content for BBO Tutti & BBO Riffs VSL have recently introduced some new free content expansions for two of their most popular Big Bang Orchestra Packs: ...

24/04/2026

Rohde & Schwarz to highlight its R&S EVSD1000 UAV-based navigation analyzer at IFIS 2026

Rohde & Schwarz to highlight its R&S EVSD1000 UAV-based navigation analyzer at I...

24/04/2026

Call for NFVF funding applications to attend Film Festivals and Markets taking place from 01 30 June 2026

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

24/04/2026

Andrea Riseborough & Ashley Walters To Star In ITV Thriller First Woman' About Race To Find Missing Astronaut

ITV's Director of Drama Polly Hill has commissioned six part propulsive, lun...