Kabelo Masoabi
HIGH Court Judge, ‘Makampong Mokhoro, has sentenced Tieho Mojakisane, from Mazenod in Maseru, to 15 years in prison without the option of a fine for killing a 28-year-old man in Maputsoe in 2013.
However, the sentence was suspended on two conditions: That he pays M90,000 in compensation to the deceased’s family for the benefit of the disabled child, and that he is not convicted of any offence involving violence for a period of three years.
Should he be able to pay, Mojakisane will walk free.
Mojakisane was initially charged with murder after stabbing the victim in the chest during a dispute while they were gambling with dice in front of a shop in Maputsoe.
The Tšifa-li-Mali court in Leribe heard this week that the men had a history of a prolonged misunderstanding prior to the fatal incident.
The deceased is survived by a widow and three minor children, one of whom has a disability. Mojakisane pleaded guilty to the lesser offence of culpable homicide and asked the court to consider a restorative sentence instead of direct imprisonment, arguing that it would enable him to compensate the bereaved family.
The court also heard that his two sisters had committed to helping him raise M50,000, and that he intended to sell his undeveloped site at Mazenod to contribute toward the compensation.
Justice Mokhoro noted Mojakisane’s plea to culpable homicide and his efforts towards restitution were considered, but also stressed the severity of the crime and its lasting impact on the victim’s family, especially the disabled child.
“While a person’s life cannot be bought, compensation is a step toward restoring dignity to the family,” Justice Mokhoro said.
“The court acknowledges the efforts of the accused and his sisters to provide compensation to the deceased’s family. The proposed amount of M50,000 is substantial, but the court believes it should be increased. The accused has expressed willingness to sell his property to contribute to the compensation.”
Before sentencing, the accused’s lawyer, Advocate Nkhahle, pleaded for leniency, arguing that the murder was not premeditated. He submitted that the prolonged nature of the case had caused the accused deep distress, that he had shown remorse, and that a suspended sentence would allow him to support the deceased’s family, as he was their sole breadwinner.
Meanwhile, in a separate murder case, Tšeliso Chabalala of Ha Sheshe in Qholaqhoe, Butha-Buthe, is standing trial for allegedly killing his 24-year-old brother, Bongane Chabalala, on 17 January 2018.
According to witness and family member Mosa Chabalala, the accused was looking for his BB tobacco when an argument erupted, escalating into a violent altercation. During the scuffle, Tšeliso allegedly stabbed Bongane about 10 times on the body, shoulders, and neck. Bongane died at the scene.
Detective Police Constable Motlalepula testified that he arrested the accused the following morning after receiving an unconvincing explanation regarding the incident. At the time of the arrest, the accused was 33 years old. Police also seized a brown knife allegedly used in the attack.
The case, currently before the Leribe Magistrates Court, is set for judgment on 11 December 2025.
