Kabelo Masoabi
THE High Court has heard a chilling case in which two men from Ha Moholisa, Leribe — Mahlomola Moholisa and Tekanyo Hlalele — stand accused of murdering Teboho Mpeke, a resident of Ha Maputsoe, over allegations that he had stolen a piglet.
The duo appeared before Justice Makampong Mokhoro in the Northern Division of the High Court, in Tšifa-li-Mali, Leribe, this past week.
According to the charge sheet, the incident occurred on 5 May 2015, near Ha Moholisa. The prosecution alleges that the accused acted in concert with a common intention to commit an unlawful act which ultimately led to Mpeke’s death, in contravention of Section 40 (1) read with Section 26 (1) of the Penal Code Act of 2010.
One of the seven witnesses, Motšelisi Mapetla of Ha Moholisa, testified that she was washing clothes when she heard shouting and a man crying nearby. With her baby strapped to her back, she rushed to the scene and found a mob gathered around Mpeke, who was being beaten on the buttocks by Moholisa.
Ms Mapetla told the court that a woman named Lisasi accused Mpeke of stealing her piglet, and that the assault took place in Lisasi’s yard.
“I pleaded with them to take the man to the police instead of beating him,” she said.
“The deceased then got up and ran towards me. I grabbed him and shielded him with my back while still carrying my baby.”
She added that Moholisa insisted the beating continue and instructed Hlalele to hold Mpeke down, demanding that he return Lisasi’s piglet.
“The deceased kept pleading for his life, saying he knew nothing about the piglet. I eventually left because I could no longer bear to watch,” Ms Mapetla testified.
Later that day, she learned that the assaulted man had succumbed to his injuries.
However, the defence led by Advocate Thabo Nteso, disputed her version of events, arguing that both accused had given statements contradicting her testimony.
“According to the police records, Moholisa will testify that he did not assault Mpeke, and that it was actually Lisasi and another man, Mokoari Matita, who were beating him. Moholisa further claims you, Mapetla, were standing at the gate when the deceased tried to flee and that you slapped him before handing him back to his assailants,” Adv Nteso said during cross-examination.
The defence lawyer also questioned Ms Mapetla’s credibility.
“You are not being truthful when you say he was beaten on the buttocks. The postmortem report shows no injury there. And if you were carrying a baby, why would you risk both your lives to protect a stranger? I contend you are fabricating this story to distance yourself from the incident,” he charged.
Adv Nteso went further to suggest that Ms Mapetla herself participated in the mob assault that led to Mpeke’s death.
The case continues before Justice Mokhoro, with more witnesses expected to testify.