Kabelo Masoabi
FORMER Police Commissioner (COMPOL), Holomo Molibeli, has been accused of orchestrating the prosecution of four Qholaqhoe police officers while shielding others allegedly involved in the death of a criminal suspect, Sempe Molapo.
The allegations emerged this week during proceedings before the High Court sitting at Tšifa-li-Mali, Leribe, where the four accused officers claim they were selectively targeted despite several other officers allegedly participating in the events surrounding Molapo’s death.
The accused — Detective Sergeant Tsebiso Sebehela, Detective Tšeliso Rammoana, Constable Khosi Matsoso and Constable Mokhethi Monyane — are charged with assaulting Molapo, leading to his death on 4 February 2019.
Their lawyer, Advocate Christopher Lephuthing, argued that the decision to prosecute focused solely on his clients while other officers allegedly linked to the incident escaped criminal charges.
According to information before the court, the events leading to Molapo’s death began when police responded to reports that a liquor outlet in Qholaqhoe, Butha-Buthe, was operating beyond permitted trading hours.
Tensions allegedly flared when Molapo confronted the officers, accusing them of harassing law-abiding citizens while failing to recover livestock stolen from him.
The situation reportedly escalated after a beer bottle was thrown at police officers, sparking a confrontation between police and community members. Several people were arrested, while Molapo initially evaded arrest.
However, after later returning to Qholaqhoe, he was apprehended with the assistance of community members.
Alleged assault and death
The prosecution alleges that after his arrest, Molapo was taken to an area near Qholaqhoe High School, where police officers assaulted him with sticks while he was placed under a tree.
State witnesses, including Molapo’s younger brother, Bosiu Molapo, testified that he and their father, Sera Molapo, attempted to intervene but were also assaulted.
Fighting back tears during his testimony, Bosiu told the court that one of the officers allegedly told his brother: “This is the last beating you will ever receive. That wife of yours will now be ours.”
Bosiu further testified that before being taken to hospital, Molapo identified police officers as his attackers.
According to the witness, when one Eddie Thenesse asked Molapo what had happened, he responded with what were described as his final words: “It is the police officers who assaulted me. Finish with your plan.”
“He was so weak that he could not walk on his own. There was foam around his mouth,” Bosiu testified.
“When the accused and other police officers who are not before this court were assaulting him and us, they threw Sempe into their vehicle.
“My father and I were handcuffed. The officers claimed we were fighting them when we tried to free my brother. Mr Sebehela pointed a gun at my father’s forehead. I told them they might as well kill us all, and the beating intensified before they took us to Qholaqhoe Police Station.”
Molapo was later taken to a clinic near the police station, where he was declared dead.
The court also heard that his father, Sera Molapo, has since died.
Claims of investigative irregularities
Following the incident, Mr Molibeli allegedly established a task team of officers from Leribe Police Station to investigate the matter.
However, Adv Lephuthing accused the investigators of manipulating evidence and omitting crucial witness statements from the official record.
During cross-examination of a Crown witness, he alleged that entries in the investigation diary had been falsified, including details relating to when information about the alleged offence was first received and when witness statements were recorded by Lance Sergeant Raphoka of Leribe Police Station.
Adv Lephuthing argued that the diary contained misleading information intended to protect certain officers while incriminating his clients.
He further alleged that three other officers — identified as Kabi, Molise and Janfeke — who were involved in events surrounding Molapo’s arrest and detention were never charged.
The defence maintains that the accused officers did not assault Molapo and that he had already sustained injuries after being attacked by members of the public before being handed over to police.
Constitutional Court challenge
While the criminal trial was ongoing, the four accused officers approached the Constitutional Court seeking a permanent stay of prosecution.
They argued that the investigation had been compromised by serious irregularities, including the alleged removal of witness statements from the investigation docket and the exclusion of exculpatory evidence.
According to the applicants, these irregularities violated their constitutional right to a fair trial and rendered the prosecution unjust.
The Constitutional Court dismissed the application, allowing the criminal proceedings to continue.
In her judgment, Acting Justice Itumeleng Shale held: “The question is not about whether the applicants have raised concerns about the integrity of the evidence, but whether those concerns are of such a nature that they cannot be addressed within a criminal trial.”
The court found that the matter involved disputes regarding the existence, reliability, completeness and evidentiary value of the investigation — issues that are ordinarily resolved during trial proceedings.
It further ruled that any shortcomings in the investigation could be addressed through established trial mechanisms, including cross-examination, the calling of additional witnesses and the introduction of allegedly omitted statements.
The court emphasised that a permanent stay of prosecution is an extraordinary remedy reserved for cases where continuing the trial would result in clear and irreparable injustice.
Trial continues
Crown Counsel Advocate Molise is expected to call additional witnesses as the defence continues to challenge the integrity of the police investigation and the evidence against the accused.
The matter is before Acting Justice Tšooana Lesaoana and is scheduled to resume on 4 August 2026.
