Man sentenced to 8 years in prison for killing uncle

…after family feud over field turns fatal

Kabelo Masoabi

THE Northern Division of the High Court has sentenced Phaketsi Ramoholi (66) to an effective eight years’ imprisonment for the murder of his uncle, Rasello Ramoholi.

Phaketsi, who has a hearing impairment, pleaded guilty to the charge.

The court at Tšifa-Li-Mali in Leribe heard that the murder occurred on November 9, 2020, when Phaketsi fatally stabbed Rasello with a knife following an altercation that erupted from a long-standing family dispute over a field.

The prosecution said Phaketsi could have reprimanded his uncle through peaceful means. It submitted that the offence constituted a serious breach of family trust, emphasising that society expects relatives to protect each other. Therefore, there was a need to send a strong message to curb violent offences within families.

While underscoring the gravity of the crime, the crown also acknowledged the accused’s guilty plea, saying it demonstrated a willingness to take responsibility. It added that it would not oppose a non-custodial sentence, including an option of a fine, should the court consider it appropriate.

For the defence, Advocate Mahlehle pleaded for leniency, arguing that the killing was not premeditated but occurred during a heated exchange. He told the court that the accused suffers from hypertension and a significant hearing impairment, which limits his ability to communicate effectively and forces him to rely on a small circle of people.

He further noted that the accused surrendered to police shortly after the incident, showing remorse, and chose not to testify or call witnesses to spare the deceased’s children additional emotional distress. The defence proposed either a five-year sentence or compensation, highlighting that the accused also continues to grieve as the deceased was his uncle.

However, Justice Shale ruled that a lighter sentence would not reflect the seriousness of taking a human life. She said the court had a duty to impose a sentence that was firm yet proportionate to the crime committed. Nonetheless, she acknowledged that the accused’s age, health, remorse and his willingness to pursue peace were mitigating factors.

“Although it has been submitted that the accused is willing to pay compensation, the court is informed that he has no stable income. It will be improper to impose a conviction he is structurally unable to meet,” she said.

Justice Shale handed down a 12-year sentence, with four years suspended for five years on condition that he does not commit another violent offence — leaving an effective eight-year custodial term.