…ex-MP recounts how businessman was allegedly chased and shot after mediation meeting collapsed
Moorosi Tsiane
FORMER Motimposo legislator Thabang Mafojane has told the High Court how a mediation meeting called to settle a quarrel between two friends over jokes about clothing allegedly descended into a deadly shooting.
Mr Mafojane testified that businessman Panyane Phiri was chased and repeatedly shot after a meeting convened to reconcile him with fellow businessman Teboho Tšolo at Lithabaneng on 6 August 2024.
Mr Phiri, a former shareholder of Naledi Funeral Services, later died from his injuries.
Mr Tšolo is charged with murder, unlawful damage to property and making threats. He has pleaded not guilty to all three charges and maintains that he acted in self-defence because he believed Mr Phiri intended to kill him.
The trial opened before High Court Judge Mafelile Ralebese on Tuesday.
Crown Counsel Advocate ’Mametse Mapesela told the court the prosecution would prove that Mr Tšolo pointed a firearm at Mr Phiri, fired at a vehicle belonging to one of the men who attempted to intervene, and then pursued Mr Phiri as he fled.
The Crown alleges Mr Tšolo continued shooting even after Mr Phiri sought refuge at a nearby property.
But defence lawyer Advocate Maleke Khampepe said Mr Tšolo acted in self-defence after being insulted and threatened by Mr Phiri.
He relied on section 20(1) of the Penal Code Act, 2012, which provides for the use of force to repel an unlawful attack, arguing that his client genuinely believed Mr Phiri was going to kill him.
Friendship sours
The defence traced the deterioration of relations between the two businessmen to an unrelated shooting at a Maseru entertainment establishment on 10 February 2023.
Adv Khampepe said Mr Phiri had been implicated in that incident and subsequently asked Mr Tšolo to retrieve a vehicle left at the scene and drive it to its owner in Midrand, South Africa.
Mr Tšolo allegedly refused, after which Mr Phiri accused him of telling police about his alleged involvement in the shooting.
But it was Mr Mafojane’s testimony about the events of 6 August 2024 that provided the court with a blow-by-blow account of how an attempted reconciliation allegedly turned deadly.
Mr Mafojane said Crown witness Motheane George contacted him after an argument erupted between Mr Tšolo and Mr Phiri on a WhatsApp group belonging to a society of which they were members.
“Shortly before the incident, I got a call from George. He informed me that there was some squabble in the society WhatsApp group between Mr Tšolo and Mr Phiri and asked if we could mediate on their matter, as this issue could disrupt our society,” Mr Mafojane testified.
The two men were temporarily removed from the WhatsApp group while senior members organised a meeting to resolve their differences.
Mr Mafojane proposed that two older members, identified as Pita and Koetle, participate in the mediation, which was eventually convened in Lithabaneng.
When Mr Phiri arrived with two other people, he greeted the group, but Mr Tšolo allegedly did not respond.
The men later gathered in Mr Pita’s vehicle and Mr Tšolo was invited to explain his grievance.
According to Mr Mafojane, it was remarkably simple: Mr Tšolo no longer appreciated Mr Phiri making jokes about his clothes.
Mr Phiri apologised.
“He apologised for that and said it has been a while since he has been wanting to apologise to Mr Tšolo,” Mr Mafojane testified.
But the reconciliation allegedly unravelled almost immediately.
Mr Phiri added that although Mr Tšolo now objected to the jokes, he had himself started the practice of making jokes about clothing.
Mr Mafojane said Mr Tšolo immediately climbed out of the vehicle and began insulting Mr Phiri.
“It was after he said that, Tšolo disembarked from the cabin and started swearing at Phiri, calling him with his mother’s private parts, saying he is speaking shit,” he testified.
Gun comes out
Mr Mafojane said Mr Tšolo then produced a firearm and pointed it towards the vehicle.
“Tšolo then took out his gun and pointed it in the direction where I was sitting with Phiri. Phiri intentionally fell on the ground trying to hide and I laid down inside the cabin,” he said.
He testified that Mr Tšolo moved towards the vehicle and began shooting at Mr Phiri as he lay on the ground.
Mr Mafojane jumped out and attempted to restrain him.
“I got up, jumped out of the car and grabbed Mr Tšolo and reprimanded him. I tried to get the gun, but he overpowered me, saying I should let go of him,” he testified.
During the struggle, Mr Tšolo allegedly pointed the firearm at Mr Mafojane and threatened to shoot him.
“He said I should let go of him because Phiri was going to kill him,” Mr Mafojane said.
After Mr Tšolo allegedly broke free, Mr Phiri ran for his life.
“Phiri then tried to run away and Tšolo chased after him, shooting at him,” Mr Mafojane testified.
Mr Phiri jumped over a fence into a nearby yard and disappeared behind a house, with Mr Tšolo allegedly pursuing him.
Mr Mafojane and the other witnesses remained behind but continued hearing gunshots.
“We continued to hear gunshots, and it went on for about five times,” he said.
Found in pool of blood
When the shooting stopped, Mr Mafojane said they saw Mr Tšolo emerge from the direction in which Mr Phiri had fled and walk towards his vehicle.
The group then went searching for Mr Phiri.
They found him lying in a pool of blood in the yard of a tailoring school, where terrified students were crying.
“He had two wounds on the stomach, one on the right side of the chest and one on the leg,” Mr Mafojane testified.
One student had collapsed and was unconscious, while others were screaming and crying.
The men placed Mr Phiri on a board, carried him to a vehicle and rushed him to Queen ’Mamohato Memorial Hospital.
At the hospital, a nurse advised them to report the shooting to police.
However, Mr Mafojane said officers at the hospital told them the matter had already been reported at Thamae Police Station and that Mr Tšolo had handed himself over.
They proceeded to Thamae Police Station, where Mr Mafojane said they found Mr Tšolo with his wives.
“I asked him why he did what he did, but he did not respond,” Mr Mafojane testified.
Later that day, Mr Mafojane received news that Mr Phiri had succumbed to his injuries.
The trial continues.
