…as trial continues in Leribe
Kabelo Masoabi
A Pitseng man, Malefetsane Khanyapa, is standing trial before the High Court in Leribe on charges of murdering Lobiane Molapo, who allegedly died after being struck on the head with a stone during a violent confrontation in May 2020.
The incident is said to have occurred on 10 May 2020 at Thoteng in Ha Mampa, where men from Pitseng village had been tasked with guarding protected pastures and impounding cattle found grazing illegally.
Testifying for the Crown, Lisoloane Pitsi told the court that on the day in question, he attended a public gathering at the chief’s residence in Pitseng London at around 1pm. Following the meeting, the chief instructed all able-bodied men to proceed to the restricted grazing area to impound cattle.
Mr Pitsi said that upon arrival, they encountered a large group of shepherds from Ha Mphenyeke and Ha Moepi tending to an estimated 300 cattle. He said they introduced themselves and declared their intention to impound the livestock.
However, tensions quickly escalated.
“A voice came from the group shouting, ‘These are the men from Pitseng. Let’s beat them,’” Pitsi testified.
He alleged that the accused, Khanyapa, then threw a stone which struck Mr Molapo above the forehead, triggering a violent stick fight between the two groups.
Mr Pitsi further told the court that during the altercation, he attempted to assist Mr Molapo, who had fallen to the ground following the blow. He claimed that Molapo questioned the accused as to why he had struck him with a stone.
In the midst of the chaos, Mr Pitsi said he was also attacked by another individual, identified as Lelimo Lehemane, who allegedly struck him with a stone on the back and hit him with a stick on the elbow.
Despite his injuries, Mr Pitsi said he managed to pull Mr Molapo to safety and the two fled to a nearby mountain, where they waited for their colleagues as the fight continued.
Medical treatment and death
After the confrontation subsided, the matter was reported to the village headman, Lekhooa Tau, who instructed the injured men to report the incident to police and seek medical attention at Motebang Hospital.
Mr Pitsi testified that at the hospital, Mr Molapo received stitches for his head injury and was admitted, while he and another man, identified only as Sello, were treated for minor injuries and discharged.
He said the following day they returned to the hospital and found Mr Molapo being prepared for transfer to Ts’pong Hospital in Maseru.
On 14 May 2020, Mr Pitsi said he received news from a fellow villager, Mr Masokotso Pholo, that Mr Molapo had died.
Defence challenges identification
During cross-examination, defence counsel Advocate Mashaile challenged the credibility of the witness, pointing out inconsistencies between his oral testimony and his earlier statement to police.
He argued that Mr Pitsi’s statement, recorded at Pitseng Police Station, did not indicate that the deceased had reported to the headman that he had been struck with a stone. He also questioned why Mr Pitsi had not initially stated that he himself had sustained injuries during the incident.
Advocate Mashaile further submitted that the confrontation involved a large number of people, with stones being thrown from different directions, making it difficult to conclusively identify who struck the fatal blow.
“In a fight of that nature, everything happens very fast and each person is concerned about their own safety,” he put to the witness.
In response, Mr Pitsi remained resolute, insisting that he clearly saw the accused strike Molapo.
“I saw him with my naked eye hitting the deceased with a stone on the head,” he told the court.
Accused denies involvement
The accused, through his lawyer, denied any involvement in the assault.
It was put to the witness that at the time of the incident, Khanyapa was not among those herding cattle but was merely passing through the area en route to Litooaneng village. He allegedly stopped at the grazing site to smoke Best Blend tobacco with companions, including Tumelo Rathebe and Stabele Nts’ihlele.
According to the defence version, Khanyapa remained at a distance while the Pitseng men attempted to move the cattle and did not participate in the confrontation.
Advocate Mashaile further suggested that the witness was wrongly implicating the accused due to uncertainty about the identity of the actual perpetrator.
“The reason you are holding on to the accused is because you do not know the real culprit,” he said, adding that evidence would be led to show that another individual later confessed to striking the deceased.
However, Mr Pitsi dismissed this version, maintaining that he knew the accused well and saw him actively participating in the confrontation.
“The accused was there as a shepherd, standing in front of the cattle and preventing them from moving as we tried to impound them. I know him very well. I saw him hitting the deceased with a stone,” he said.
The matter is proceeding before Acting Justice ’Manapo Motebele, with further witnesses expected to testify as the trial continues.
