…as court decides his fate on Mahao murder case
Moorosi Tsiane
THE once-untouchable former army commander, Tlali Kamoli, now waits with bated breath as the High Court prepares to deliver its ruling on his plea for acquittal in the 25 June 2015 murder of Lieutenant General (Lt-Gen) Maaparankoe Mahao.
Kamoli and seven other soldiers, charged with Mahao’s murder, filed an application for discharge after Crown Counsel, Advocate Rethabile Setlojoane, closed the state’s case last month.
The acquittal arguments were made on Tuesday this week, with Kamoli’s lawyer, Advocate Letuka Molati, telling trial judge, Charles Hungwe, that the Crown had failed to prove the key elements linking his client to the murder.
“My Lord, the Crown wants Kamoli to testify simply because, at the time the deceased met his death, he had returned to work and was the commander. But in so far as these charges are concerned, have the elements of the respective offenses with which Kamoli is charged been proven? Key elements—such as absence at the scene, absence at work to give orders to arrest those suspected of mutiny—have not been proven at all,” submitted Adv Molati.
He reminded the court that Retired Major General Lineo Poopa, a State witness, testified that the operational order to arrest soldiers suspected of mutiny had been led by retired Colonel Thato Phaila, who was this year charged with Lt-Gen Mahao’s murder.
“On 30 May 2022, Major General Poopa testified for the Crown. He stated clearly that the operational order was given to Phaila, who was commander of the team effecting the arrests and was responsible for signing documents related to those being arrested. At no point did he refer to Kamoli,” continued Adv Molati.
“In the end, the Crown wants Kamoli to answer a case of murder because, on the day the deceased was killed, he was at work. But the question is: have the charges been proven on the evidence? We submit, My Lord, that they have not, and therefore Kamoli should be discharged.”
Other defence lawyers—Silas Ratau, Napo Mafaesa, Kabelo Letuka, and Attorney Qhalehang Letsika—argued that their clients should also be discharged as the state had failed to make a prima facie (straight forward) case against them.
Adv Ratau, representing Captain Litekanyo Nyakane, said there was no evidence linking his client to the events except that he drove the team involved in the operation.
“There is no evidence that Nyakane participated in any way. The Crown cannot prove his involvement. He was present solely as the driver for the arresting team as the operation was authorised by the command,” Adv Ratau said.
Mr Letsika, representing Sergeant Lekhooa Moepi, argued that there was no evidence suggesting Moepi participated in planning the killing.
“…I submit there is no evidence that Mr Moepi played any role in the killing of the deceased. Therefore, the Crown has not made a prima facie case against him, as none of the 41 witnesses testified that he did anything,” Mr Letsika said.
Adv Napo Mafaesa, representing Sergeant Motsamai Fako and Corporals Marasi ‘Moleli, Motšoane Machai, and Mohlalefi Seitlheko, echoed similar arguments.
Adv Kabelo Letuka, representing Corporal Tšitso Ramoholi, asked the court to acquit his client, saying no evidence established he committed any offence.
Captain Haleo Makara, who is alleged to have shot Lt-Gen Mahao, did not apply for discharge.
However, Crown Counsel Adv Setlojoane maintained that the state had presented enough evidence for all the accused to answer to the charges.
“The Crown presented sufficient evidence requiring all accused to respond to the charges. The common purpose arises from their presence at the scene and association with the commission of the crime, under the pretext of effecting arrests.
“LDF Commander, Lt-Gen Mojalefa Letsoela, testified that the operational order (to arrest the alleged mutineers) was invalid. As of 25 June 2015, when Lt-Gen Mahao was killed, Kamoli, as LDF Commander, was aware of the illegal order but did not stop it. Evidence also shows Hashatsi laughing at the scene after Captain Makara shot the deceased. None of the accused disassociated themselves from these acts. We submit this application should be dismissed,” said Adv Setlojoane.
After hearing arguments from both sides, Justice Hungwe reserved judgment until today.
“Counsels, I will deliver my judgment on Thursday, 2 October 2025. Subsequently, the matter is postponed to Thursday,” said Justice Hungwe.
The accused are also facing charges of attempted murder of Leuta and Mabilikoe Mahao, who were fired upon in their vehicle, and malicious damage to property for riddling their mini-truck with bullets. Kamoli faces additional charges of theft, for allegedly stealing Lt-Gen Mahao’s 9mm pistol and Samsung Galaxy mobile phone.
However, even if Kamoli, Moepi and Nyakane are lucky enough to get acquitted in this matter, they still have other pending matters.
Kamoli and Nyakane are also facing treason and murder trial in connection with the August 2014 attempted coup against then Prime Minister Thomas Thabane’s government and the murder of police Sub-Inspector Mokheseng Ramahloko. They are also standing trial for the attempted murder of former First Lady ‘Maesaiah Thabane and former Police Commissioner Khothatso Tšooana after soldiers bombed their houses in January 2014.
Moepi has a pending case of murdering three civilians in May 2017 and throwing their corpses into Mohale Dam.
During his leadership of the army, Kamoli was instrumental in numerous acts of destabilizing the country that resulted in the military intervention of a Southern African Development Community (SADC) regional force to help restore calm in the Kingdom.
