Kabelo Masoabi
AN emotionally charged scene unfolded in the High Court at Tšifa-li-Mali when Justice Itumeleng Shale directed lawyer, Advocate Joale Rantšele, to publicly apologise to the widow of the man whose life he took, before convicting him of capable homicide.
Moments before sentencing, the courtroom fell silent as Adv Rantšele, of Matukeng in Leribe, turned to face the grieving widow and expressed remorse for the pain and suffering he had caused her and the deceased’s family.
Overcome with emotion, the widow broke down in tears, her cries echoing through the courtroom and leaving many in the public gallery visibly moved.
The poignant exchange underscored the human cost of the tragedy, transforming the proceedings from a legal exercise into a deeply personal moment of grief, accountability and reflection. Several members of the public gallery were seen wiping away tears as the widow confronted the man responsible for her husband’s death and listened to his plea for forgiveness.
Justice Shale subsequently sentenced Adv Rantšele to five years’ imprisonment. However, the sentence was conditionally converted into a restorative justice arrangement, allowing him to avoid a custodial sentence provided he compensates the deceased’s family with M60,000 within six months.
The court noted that the offence was particularly aggravating because Rantšele was a person well versed in the law and fully aware of the criminality and consequences of his actions.
Justice Shale said it was deeply troubling that an individual who ought to have been at the forefront of promoting respect for the rule of law and educating the public about the dangers and consequences of criminal conduct had instead chosen to commit a serious offence.
Such conduct, she said, constituted a grave breach of the trust and responsibility associated with his position and warranted the court’s strongest condemnation.
The tragic events that culminated in the death of 39-year-old Ndlama Ntšekhe unfolded on the evening of 31 July 2020 in Matukeng, Leribe, leading to criminal proceedings against Rantšele, who was 30 years old at the time.
Now aged 35, Rantšele appeared before the court facing a charge of murder. However, he admitted responsibility for the unlawful killing and pleaded guilty to the lesser charge of culpable homicide. In mitigation, he urged the court to consider a restorative justice arrangement rather than imposing a custodial sentence.
Evidence before the court painted a picture of a confrontation fuelled by alcohol, suspicion and escalating emotions.
According to testimony, Rantšele had been drinking outside a local shop shortly before closing time. As the shop prepared to close, he requested a cigarette from the shop attendant, ‘Makabelo Ntšekhe, who was also the deceased’s wife. A witness testified that the advocate playfully pushed her back into the shop so she could retrieve the cigarette for him.
Moments later, as the premises were being secured, Mr Ntšekhe emerged from his nearby home armed with a knife. Witnesses described him as visibly intoxicated and aggressively confronting the advocate.
He allegedly hurled insults and accused Rantšele of having a romantic relationship with his wife, claiming that his family life had been ruined as a result.
Fearing the confrontation could turn deadly, a bystander, Hlalefang Lihlahla, intervened. As he attempted to calm the situation and prevent an attack, Rantšele managed to wrest the knife from the deceased. In the process, he sustained an injury to his hand.
The deceased eventually retreated to his home. While his wife and another shop employee, Mpho Falatsi, were attending to Rantšele’s wounded hand using a headscarf as a bandage, tensions flared once again.
Ms Falatsi testified that she heard the advocate say he was tired of the deceased repeatedly accusing him of being involved with his wife. She further stated that Mr Lihlahla suggested the matter be referred to the chief the following morning for resolution.
The court heard that Mr Ntšekhe soon returned, this time armed with a hammer and accompanied by his son. Once again, Mr Lihlahla stepped in to prevent violence.
A struggle ensued as Messrs Ntšekhe and Lihlahla fought over control of the hammer and eventually fell to the ground.
It was at this critical moment that the situation spiralled further out of control. Still holding the knife he had previously taken from Mr Ntšekhe, Rantšele reportedly leapt over the shop’s fence and rushed towards Messrs Ntšekhe and Lihlahla who were engaged in the struggle, joining the altercation that would ultimately end in tragedy.
Witnesses stated that during the struggle involving the three men, none of them saw the lawyer stab Mr Ntšekhe. Another bystander, Mookho Doda, testified that she only noticed a large amount of blood flowing from Mr Ntšekhe’s mouth.
The court heard that Rantšele then rushed to the shop owner, Palinyane Michael Falatsi, seeking assistance with a vehicle to take the victim to hospital. He reportedly told Mr Falatsi that he had injured Mr Ntšekhe in self-defence.
Mr Ntšekhe was subsequently taken to Motebang Hospital, where he was later declared dead. Detective Constable Teba of Leribe Police Station testified that police found Mr Ntšekhe’s body with a stitched wound below the right cheek.
In mitigation, Adv Mashaile, representing Rantšele, submitted that Rantšele had no intention of causing Mr Ntšekhe’s death. He argued that Rantšele was not armed before the incident and only came into possession of the knife after disarming Mr Ntšekhe.
After taking the knife, Rantšele did not immediately stab Mr Ntšekhe despite him remaining nearby. Instead, he returned to where he had been sitting outside the shop to have his injured hand treated.
Regarding the second confrontation, Adv Mashaile said that while Mr Lihlahla was wrestling with Mr Ntšekhe over the hammer, Rantšele perceived an imminent attack and attempted to disarm him, during which the fatal incident occurred.
He further argued that by urgently seeking transport to take Mr Ntšekhe to hospital, Rantšele demonstrated awareness of the harm caused and a willingness to take responsibility for his actions.
Adv Mashaile also submitted that by pleading guilty to culpable homicide, Rantšele had sought to spare Mr Ntšekhe’s family the emotional burden of a lengthy trial. He therefore appealed for a lenient sentence centred on restorative justice.
He further highlighted that Rantšele was an admitted legal practitioner who was not practising at the time of the incident. He added that Rantšele had consumed alcohol, which impaired his judgment and reduced his ability to fully appreciate the consequences of his actions.
