. . . as judge postpones verdict over incomplete judgment
Moorosi Tsiane
INCARCERATED army captain Litekanyo Nyakane will have to wait longer to know his fate as the judgment in his application to be acquitted remains incomplete.
He is charged with the 2012 murder of three civilians in Mafeteng.
Nyakane had filed for acquittal in January this year, and the matter was argued in March by his lawyer Advocate (Adv) Karabo Mohau KC before Judge Polo Banyane.
He is accused alongside Lance Corporals Khauhelo Makoae and Sebilo Sebilo, Privates Tšepo Tlakeli and Thebe Tšepe.
The other defence lawyers — Zwelakhe Mda for Sebilo, Adv Mk’hanji Kao for Makoae and Tlakeli, and Tšepe’s lawyer Napo Mafaesa —shared Adv Mohau’s sentiments.
He is accused of killing Thabang Mosole, Monyane Matsie and Pakiso Ntala Letatane at Ha-Motanyane, Mafeteng in 2012.
Judge Banyane had set 11 August 2025 as the date to deliver her judgment on the matter but, on Monday this week when the matter was supposed to resume, she informed the accused that she would be unable to deliver the judgment as it was incomplete.
“At the close of Crown’s case, the defence moved an application for discharge under section 175(3) of the Criminal Procedures and Evidence (CP&E) Act on 25 March 2025.
“The application was argued and the judgment was reserved for today (Monday). The record was yet to be transcribed and I thought it was enough time for the record to be compiled so that I could draft the judgment. Regretfully, I still do not have the record.
“It was just last week when I was informed the record is not even half ready,” said Judge Banyane.
Judge Banyane said, therefore, the judgment was not ready.
She has, however, given the court recorder until 29 August 2025 to complete transcribing the record and therefore postponed the judgment to 23 September 2025.
“The record is therefore not ready, and I gave the recorder until 29 of this month to complete transcribing. Hopefully, the judgment will be ready on 23 September 2025,” Judge Banyane said.
Meanwhile, in a separate matter, Nyakane is also facing charges for his involvement in the 25 June 2015 murder of Lieutenant General (Lt-Gen) Maaparankoe Mahao. He is charged alongside former army boss Tlali Kamoli and other military officers.
Furthermore, he faces additional charges, including the murder of police Sub Inspector Mokheseng Ramahloko, attempted murders, and treason in connection with the 29-30 August 2014 attempted coup to overthrow the government of former Prime Minister Thomas Thabane.
Nyakane is also charged with attempted murder and malicious damage to property relating to the 27 January 2014 bombings of former First Lady ‘Maesaiah Thabane’s Moshoeshoe II home and the residence of then Police Commissioner Khothatso Tšooana.
