…says Koalabata double murder suspect must be extradited to Lesotho.
Lekhetho Ntsukunyane
The Verulam Magistrate’s Court on Tuesday ruled against Koalabata double murder suspect, Lehlohonolo Scott, and ordered his extradition to Lesotho.
Magistrate Mdunge ruled he was convinced Scott was the “right person” wanted by the Lesotho government in connection with the killing and mutilation of his fellow Koalabata residents, Moholobela Seetsa (13) and Kamohelo Mohata (22) in 2012, allegedly for ritual purposes.
The magistrate dismissed Scott’s submission, through his lawyer Advocate Nkanyiso Maphumulo, that the matter had been “politicised”, hence he would be killed once he was deported to face trial in Lesotho. Lesotho upholds the death penalty while South Africa does not.
The Sunday Express understands Advocate Maphumulo was referring to a statement made by Democratic Congress leader, Pakalitha Mosisili, prior to the 28 February 2015 snap elections, in which he accused the then Dr Thomas Thabane-led government of allegedly paying Scott’s legal fees through Lesotho’s Durban Consulate.
The statement by Dr Mosisili, who is now prime minister, was widely reported by the local media.
As evidence, Advocate Maphumulo presented copies of the story in question before the Verulam Magistrate’s Court, noting such statements could see Scott being sentenced to death if extradited to Lesotho.
However, Magistrate Mdunge ruled the submission was “irrelevant” as it had nothing to do with proving whether or not Scott was the “right person” wanted in Lesotho for the alleged charges.
The court, she added, was made to understand that Scott was the “exact person” wanted by the government of Lesotho for the alleged murders.
Magistrate Mdunge, however, gave Scott 15 days to appeal the ruling, failing which she would be “left with no choice but extradite him to Lesotho where he is wanted for the charges”.
Meanwhile, the trial, which had been before the Durban North Magistrate’s Court since April 2014, had to start all over again after it emerged it was being heard in the “wrong court”.
Public Prosecutor V Moodley, on 9 March 2015, said the case should be before the Verulam Magistrate’s Court, which is about 25 kilometres from Durban North, but still in the KwaZulu-Natal province.
Ms Moodley, who took over the case from the retired Blackie Swart, explained she had realised when Scott was arrested by the South African police on 6 April 2014 after almost two years on the run following his dramatic escape from Maseru Central Prison, he was in an area under the jurisdiction of Verulam and not the Durban North Magistrate’s Court.
She argued if the case continued and judgment was in favour of the prosecution, Scott could appeal on the grounds he had been convicted in the wrong court.
Following this notification, Magistrate Vanitha Armu struck the case off the Durban North Magistrate’s Court roll and transferred it to Verulam “for a fresh start”.
Scott, who was arrested on 12 July 2012 alongside his mother ’Malehlohonolo, escaped from Maseru Central Prison on 14 October 2012 as he awaited trial.
In addition to murder, Scott would also be charged with escaping from lawful custody following his dramatic jailbreak. But after his arrest by the South African police on 5 April 2014, Scott claimed he was not a Lesotho citizen but a South African, hence he could not be extradited.