Kabelo Masoabi
THE High Court has convicted a Leribe farmer of murder after he killed his love rival.
Sitting at the Northern Division of the High Court in Tšifa-li-mali in Leribe, Acting Justice ’Manapo Motebele found Ntisa Ramosebetsi of Likhakeng guilty of murdering Moorosi Mohloai on 8 November 2020, concluding that the prosecution had proved its case beyond reasonable doubt.
Delivering a detailed judgment, Justice Motebele rejected the accused’s version of events as contradictory and improbable.
The case was premised on a tumultuous relationship involving the accused, the deceased and ’Mathabo Senatsi, with both men romantically involved with Ms Senatsi at the time.
Ms Senatsi, who was initially charged alongside Ramosebetsi before turning state witness, gave a detailed account of the events on the night of the killing. At the time, she was employed as a domestic worker at a residence in Sebothoane, where the incident occurred while the homeowners were away.
She testified that she was inside the house with Ramosebetsi, her boyfriend, when Mohloai — also romantically involved with her — arrived shortly after midnight. The deceased was heavily intoxicated, caused disturbances and demanded his identity card and passport, insisting he would sleep at the house.
Efforts to defuse the situation failed. At about 2am, Ms Senatsi contacted the deceased’s roommate, Motlatsi Sengoai, to intervene. Sengoai corroborated her testimony, telling the court that he attempted to persuade Mohloai, who was armed with a stone, to leave the premises. His efforts were unsuccessful and he eventually left.
Fatal confrontation
According to Ms Senatsi, Ramosebetsi — who had remained inside the house throughout the commotion — later instructed her to open the door and allow Mohloai inside.
Upon entering, the deceased was attacked. Ms Senatsi testified that Ramosebetsi manhandled and suffocated Mohloai using a tablecloth, covering his head and overpowering him while he was too intoxicated to resist.
She further told the court that after Mohloai died, Ramosebetsi instructed her to touch the body so that both their fingerprints would be on it. The body was temporarily concealed in a bathroom and covered with a mat.
Later that day, Ramosebetsi sought transport assistance with a Honda Fit vehicle from Muthimkhuli Hlapisi. That night, he and Ms Senatsi transported the body to the Hlotse River at Ha Leshoele, where they buried it.
Ritual cleansing and flight
The following day, the pair performed a cleansing ritual at an anthill — conduct the court later described as consistent with attempting to deal with the consequences of a killing rather than exposing it.
Two days later, they travelled to Maseru, where Ramosebetsi instructed Ms Senatsi to wear his clothes. He then assisted her to cross the Maseru border into Johannesburg, South Africa.
In Johannesburg, they lived together as husband and wife in a flat in Alexandra arranged by the accused’s brother. Ramosebetsi provided for Ms Senatsi’s needs during the year they cohabited.
Ms Senatsi eventually fled the relationship after allegedly suffering physical abuse. She returned to Lesotho, surrendered herself at the Leribe Police Station and led police to the burial site. The badly decomposed remains of Mohloai were exhumed.
Conflicting versions
Ramosebetsi, who pleaded not guilty, presented a markedly different version. He claimed that Mohloai and Ms Senatsi entered the house already fighting and that Ms Senatsi strangled the deceased while kneeling on his chest. He said he attempted to intervene but failed.
He told the court that he advised Ms Senatsi to report the matter to police but left when she refused. He denied having a romantic relationship with her, despite admitting that they lived together for more than a year in South Africa and that he supported her financially.
On 31 October 2024, Ramosebetsi surrendered to police after learning that he was wanted in connection with the murder. Detective Police Constable Mosenene testified that during interrogation the accused admitted to killing Mohloai and led officers to both the crime scene and the burial site.
Court’s findings
Justice Motebele found the accused’s evidence riddled with contradictions and improbabilities, holding that his version was not reasonably possibly true and had to be rejected.
She emphasised that the defence failed to put essential aspects of its version to Crown witnesses during cross-examination — a failure that undermined its credibility.
Quoting Phaloane v Rex, the court reiterated that defence counsel is obliged to put its version to opposing witnesses to avoid the appearance of fabrication and to allow witnesses an opportunity to respond.
“The failure by the defence to do so renders the version an apparent afterthought devised at a later stage of proceedings and undermines its credibility,” Justice Motebele said, adding that the court was justified in treating the accused’s account as a recent fabrication.
While the defence argued that Ms Senatsi’s evidence was unreliable due to prior false statements and delays in reporting the crime, the court found her testimony materially corroborated by independent witnesses and objective facts.
Justice Motebele concluded that Ramosebetsi and Ms Senatsi shared a common purpose in the unlawful killing. His conduct — assisting with the burial, participating in cleansing rituals, facilitating her escape and continuing to associate with her while she evaded authorities — demonstrated sustained involvement rather than disassociation.
“Taken cumulatively, these factors lead to the inescapable conclusion that the accused shared a common purpose in the unlawful killing and is criminally liable,” the judge ruled.
She further dismissed his explanation for failing to raise alarm during the alleged assault, describing it as inconsistent with the conduct of a truthful and innocent witness.
The court ultimately found Ms Senatsi to be a credible and reliable witness whose evidence could safely be relied upon.
Ramosebetsi, a farmer who is married and has one child, remains in custody awaiting sentencing on a date yet to be announced.