…as court reserves judgment
Hopolang Mokhopi
THE High Court’s assistant registrar, Advocate Tebello Mokhoema’s shooter and sister’s killer will on 21 November 2025 know whether he is guilty of murder and attempted murder.
Justice Palesa Rantara reserved judgment yesterday after the Crown and accused’s defence presented their final arguments.
Thamahane, a driver at the Directorate on Corruption and Economic Offences (DCEO), stands accused of murdering Adv Mokhoma’s sister, Malechakane Mokhoema, and attempted murder of Adv Mokhoema when he shot the duo on 8 March 2025 at Mokhoema’s home in Berea.
While Adv Mokhoema had testified that Thamahane (her estranged lover) shot them in cold blood, the latter told the court he had acted in self-defence, alleging Malechakane was reaching for a gun Adv Mokhoema had “stolen” from court.
Representing the Crown yesterday, Advocate Lehlohonolo Phooko told the court that the accused acted unlawfully and intentionally when he shot and killed the deceased and attempted to kill a second victim.
Adv Phooko said the Crown had successfully discharged its burden of proof beyond reasonable doubt, arguing that the accused’s version of events was riddled with inconsistencies.
He said the accused gave contradictory explanations — first claiming he shot the deceased to stop her from fetching a gun, later saying she had turned towards him, and at another point asserting she stepped forward before being shot.
“These mutually destructive versions undermine the accused’s credibility,” Adv Phooko argued.
“The deceased never posed any danger whatsoever. He himself admitted that she was unarmed.”
Citing Court of Appeal precedents, he said self-defence requires an unlawful attack, a reasonable belief of imminent danger, and a proportionate response.
“Where there is no attack. There is no need to defend.”
Adv Phooko further urged the court to find that the accused acted with premeditated intent (dolus directus), highlighting evidence that he had stalked one of the victims for about 10 kilometres while armed, after vowing to kill both women.
“The shooting was deliberate and aimed at vital organs, carried out in full view of minors,” he said.
On the attempted murder charge, the Crown maintained that the accused also pursued the second victim and fired at her face, again showing intent to kill.
In defence, Thahamane’s lawyer, Advocate Katiso Nhlapho, argued that the Crown had failed to disprove self-defence beyond reasonable doubt.
He said the accused genuinely believed the deceased was going to fetch a firearm she had earlier claimed to own. Adv Nhlapho also pointed to inconsistencies in witness testimonies, saying they created reasonable doubt about the accused’s guilt.
He further criticised the absence of forensic and medical evidence, which could have clarified whether the deceased was moving or stationary when shot, and whether the bullets struck vital organs.
Justice Rantara is expected to deliver judgment on 21 November.
