…in Mokhotlong murder trial
Kabelo Masoabi
THE High Court has heard allegations that the mother of murder accused Fose Chalo deliberately lied under oath in an attempt to protect her son from conviction in a Mokhotlong murder case dating back to 2019.
Chalo’s trial continued in the Northern Division of the High Court on Thursday, with the prosecution accusing his mother of seeking to shield him from criminal liability.
Chalo, who has pleaded not guilty and is currently out on bail, is charged alongside Realeboha Mohlahli with the murder of Letsema Maekane. Maekane was allegedly stabbed to death on 22 June 2019 at Malubalube village in the Mokhotlong district.
A post-mortem examination revealed that the deceased sustained a severe open wound to the head, as well as additional open wounds on both legs. The nature, depth and characteristics of the injuries were found to be consistent with wounds inflicted by a sharp-edged weapon. Forensic evidence concluded that a sword was used.
The two men are accused of acting in furtherance of a common purpose. However, the court ordered a separation of trials after it emerged that Mr Mohlahli’s whereabouts are unknown.
The matter is before Acting Justice ’Manapo Motebele at the Tšifa-li-Mali Complex in Leribe.
During cross-examination, Chalo’s mother, ’Mamoliehi Chalo, insisted that her son could not have participated in the killing because he was bedridden at the time, recovering from stomach surgery.
She testified that her son had been shot 11 times in South Africa in April 2019, two months before the murder, and returned home in poor health. At the time, he was 33 years old and required constant care, she said.
According to her evidence, he had a surgical drain attached to his body and depended on her assistance for daily activities.
“In that condition, he could not have had a hand in the murder of Maekane. If he was indeed present at the scene, I’m sure he was just watching,” she told the court.
The prosecution, however, challenged her version, putting it to her that evidence showed the accused travelled long distances to visit livestock posts during the same period.
Although she initially denied this, Ms Chalo later conceded that her son was able to walk short distances, including trips to a nearby shop. She maintained, however, that he remained in a fragile state of health.
She further testified that her son was asleep at home when Mr Mohlahli arrived and informed him that he had been involved in a fight with the deceased. At that stage, she said, her son was unaware that Mr Maekane had died.
Ms Chalo said it was entirely new to her to hear allegations that her son would leave home at night. She also denied ever seeing the alleged murder weapon — described in court as a large knife — in her home before the night of the incident.
“My son did not carry a knife around. I have never seen that knife before,” she said.
The prosecution put it to her that she was lying to shield her son by distancing him from both the murder weapon and the crime.
State counsel told the court that five crown witnesses — including the accused’s uncle, Mojakisane Moshoeshoe, and area chief, Chief Abia Leuta — testified that Mr Chalo confessed to killing the deceased on separate occasions and at different locations.
Chief Leuta testified that on the day after the incident he saw Chalo and Mohlahli riding in the back of a police van. Upon asking what had happened, Mohlahli allegedly said: “We have killed Maekane.”
The chief said he then asked Chalo if this was true and the accused agreed. He further testified that police later showed him a large knife which both suspects allegedly admitted using to stab the deceased.
Mr Moshoeshoe also told the court that at the police station he asked his nephew what had happened. According to his evidence, Chalo said he and Mohlahli killed Mr Maekane using a knife which they used interchangeably.
During cross-examination, the crown referred Ms Chalo to her earlier testimony in which she said Mr Moshoeshoe phoned her to warn that police were on their way and advised her not to hide the murder weapon. She told the court that upon entering the kitchen she found a Parker knife, interpreted as a sword, on the utensil rack.
The prosecutor put it to her that since Mohlahli was not present at the house, it must have been her son who placed the knife there. Another crown witness, Thetso Motaung, a neighbour of the accused, testified that the knife was discovered behind a metal trunk, a version that differs from Ms Chalo’s account.
Ms Chalo said that although she received the phone call from Mr Moshoeshoe, Mohlahli told police that the sword belonged to him when they arrived. She denied that the knife belonged to her son, insisting she had never seen it in her house before.
The prosecution further asked whether she agreed that police would not have found the murder weapon had it not been pointed out by the accused. She responded: “Yes, I agree.”
State counsel also questioned why five witnesses — including her chief, her neighbour and her own relative — would testify that the accused confessed, while she alone disputed the state’s version.
“All I am testifying to is whether the accused was sick or not, and I disagree that he was in good shape. As for other things that have been put before court by crown witnesses, I can’t deny them,” she said.
In a final question, the prosecutor suggested that during police questioning at the chief’s place, in her presence, the accused did not distance himself from the blood-stained knife because he knew he had used it to kill the deceased.
Ms Chalo declined to comment, saying: “I can’t respond to that. Maybe the accused should answer for himself.”
The prosecution told the court that all crown witnesses testified they had never seen the accused wearing or moving with a surgical drain, either before or after his arrest. They said they observed nothing unusual about his health and that he never complained of being physically unwell.
According to the witnesses, the only claim that the accused was in poor health at the time of the murder came from his mother.
The court was also told that the deceased, who had separated from his wife before they could have children, survived through farming and cattle-rearing.
Justice Motebele is expected to deliver judgment on 20 March 2026.