Kabelo Masoabi
THE High Court has sentenced four men to 15 years’ imprisonment for the murder of 32-year-old Moeletsi Makepe in Mokhotlong.
However, Acting Judge ‘Manapo Motebele, suspended the sentence wholly for three years on condition that they do not commit a similar offence.
Justice Motebele instead ordered the men to compensate Mr Makepe’s family with 10 cattle, to be paid within six months.
The accused — Phomolo Moloi (36), Monna Nepo Moloi (44), Qeto Manti Moloi (45) and Masupja Peiso Sefefo (33) — pleaded guilty to culpable homicide when they appeared before the Northern Division of the High Court in Tšifa-li-Mali this week.
Had they pleaded not guilty, the court would have heard testimony from Police Constable Sekhonyana, who said he received a call reporting a killing in Ha Moremoholo on 31 July 2020. When police arrived at the scene, they confirmed that Mr Makepe had been brutally beaten to death. His body bore multiple whip marks on his buttocks, thighs and legs, as well as several deep head wounds.
A police investigation led to the arrest of the four men, along with a fifth suspect who has since died. A close friend of the deceased, Tatapa Sefefo, told police that he had been with Mr Makepe the previous night. Both men had consumed alcohol, and Mr Sefefo said he advised Mr Makepe to sleep over instead of going home.
At around 5am, Mr Sefefo realised that Mr Makepe was missing. He later learned that his friend had been detained at Phomolo’s house. When he arrived, Phomolo claimed that Mr Makepe had attacked him by “knocking violently” on his door during the night.
Evidence before the court revealed that the accused took turns beating Mr Makepe with a sjambok and a knobkerrie. After handcuffing him, they allegedly tied him to a horse tail and dragged him through the village in full view of residents.
The prosecution further submitted that when Mr Makepe asked for food, an individual attempted to offer him soft porridge. However, accused number two, Moloi, refused, saying they were “playing with the food”.
The area headman, Masenate Lerotholi, said in her statement that the accused brought the severely injured Mr Makepe to her office. Shocked by his condition and his struggle to walk, she instead instructed them to take him to a health centre. Mr Makepe died soon afterwards.
A postmortem from Mokhotlong Hospital dated 13 August 2020 recorded the cause of death as “beating of unknown origin”.
After the men pleaded guilty, the prosecution urged the court to impose a stiff sentence, arguing that Mr Makepe had been a young bachelor with no children, who supported his elderly mother and physically challenged older brother. They described him as a self-employed animal farmer who had been the primary provider for his family.
The court also heard that during a mediation session, the deceased’s family requested 10 live cattle as compensation, to be paid collectively within two months, and stated they preferred compensation over the imprisonment of the accused.
In mitigation, defence lawyer, Advocate Mosheshe Nkhahle, argued that the accused were first-time offenders, remorseful and ready to compensate the bereaved family.
“They have been cooperative since their release and did not abscond. We pray for a lenient sentence, My Lady — a wholly suspended sentence,” he submitted.
Delivering the ruling, Justice Motebele outlined the principles guiding the sentence. She said the court had to balance the seriousness of the offence with the circumstances of both the offenders and the victim, while also considering societal interests.
Justice Motebele stressed the court’s duty to protect vulnerable people and to deter violent mob behaviour. Although acknowledging that the men pleaded guilty, cooperated with the court, and agreed to compensate the family, she highlighted the cruelty of the assault.
She noted that Mr Makepe appeared to have been heavily intoxicated, reducing the likelihood that he intended or was capable of committing any wrongdoing. His death, she said, was tragic, unnecessary, and entirely unwarranted.
