Kabelo Masoabi
Acting Justice ’Manapo Motebele has sentenced a Botha-Buthe man to 15 years’ imprisonment for killing another in a 2019 dispute, but wholly suspended the sentence on condition he compensates the victim’s family.
Thabo Ramashamole, from Ha Nqabeni, was convicted for the murder of Lehlohonolo Makepe.
Justice Motebele suspended the sentence for three years provided Ramashamole pays M80 000 to the Makepe family. The amount is to be paid in equal instalments over 18 months, starting at the end of March 2026.
Ramashamole had earlier approached the High Court seeking to resolve the matter through restorative justice after admitting responsibility for Makepe’s death. Through his lawyer, Advocate Selepe, he pleaded guilty to culpable homicide and offered to compensate the family with 10 head of cattle valued at M8000 each. The proposal formed part of a compensation agreement reached between the two families following mediation facilitated by both the Crown and the defence.
The court heard that the incident occurred on 23 November 2019, at Phahameng in Ha Nqabeni. Evidence showed that around 8pm, Ramashamole was at his lover, Mary’s home drinking traditional beer with other patrons when Makepe arrived looking for his children. When Ms Mary told him the children were not present, Makepe allegedly insulted her. Ramashamole responded with a stronger insult and warned him not to insult his wife again.
Crown witness, Sephuphutha Mpele, testified that Makepe initially left without further confrontation. However, Ramashamole later armed himself with a steel spade, followed Makepe toward the Moroeroe River, and assaulted him. Mpele said Ramashamole returned to the house saying he had struck a man and believed the victim might be dead, leaving him in the river.
Ramashamole asked Mpele and others to retrieve the injured man while he changed his bloodstained clothes, intending to surrender to police. Witnesses found Makepe lying in the water, placed him in a nearby donga, and left briefly to seek assistance. Another witness, Lebohang Mokhethi, said they initially tried to report the matter to the local chief but turned back after being frightened by dogs, and instead informed Makepe’s father.
Police later transported the injured man to Seboche Hospital, where he died. Sergeant Makhele of the Botha-Bothe Community Centre testified that Ramashamole surrendered to police the next morning and was immediately arrested.
A post-mortem revealed that Makepe had sustained multiple head and shoulder injuries. The cause of death was determined to be traumatic brain injury resulting from an assault with a blunt object.
In aggravation, the Crown argued that although Ramashamole pleaded guilty to culpable homicide, the facts suggested intentional killing. “The accused had time to cool off after the argument but instead armed himself with a spade and pursued the deceased,” the prosecution said, noting that his actions demonstrated a disregard for human life. Makepe had been self-employed and the sole provider for his elderly parents, leaving them vulnerable. The Crown also noted that Ramashamole had not contributed to the funeral expenses despite living nearby.
In mitigation, Advocate Selepe told the court her client had not intended to kill Makepe. “Immediately after the incident he informed witnesses about what had happened, asked them to assist the injured man and voluntarily surrendered to police,” she said. She also noted that Ramashamole had admitted guilt from the outset and formally pleaded guilty, saving the court’s time and resources. The defence asked the court to consider that he was a first-time offender and that both families had agreed to resolve the matter through restorative justice.
Justice Motebele warned Ramashamole that failure to comply with the payment order would result in the 15-year prison sentence being reinstated.