Kabelo Masoabi
A Ha Seetsa man, Tšepo Mokete, has been sentenced to an effective one-month term of imprisonment for the death of his wife’s alleged lover, Tšepo Serabele, following a ruling delivered by High Court Justice Tšooana Lesaoana on Friday.
The Northern Division of the High Court, in Tšifa-li-mali, Leribe, imposed a 10-year prison sentence on the 34-year-old security guard but suspended nine years and 11 months of the term for three years, leaving Mokete to serve only one month in a correctional facility.
As part of the court’s order, Mokete was also instructed to compensate the deceased’s family with M50 000.
The compensation is to be paid in monthly instalments of M5000, starting on 31 March 2026, with each subsequent payment due before the last day of every month.
The court warned that failure to comply with the payment arrangement would result in Mr Mokete serving the fully suspended sentence of nine years and 11 months.
Mokete was convicted for causing the death of the 27-year-old Serabele on 26 December 2019. The court heard that the fatal assault stemmed from Mr Mokete’s suspicion that Mr Serabele was involved in a romantic relationship with his wife.
According to evidence presented in court, Mokete had previously reported the matter to their local chief and sought intervention. The chief subsequently convened a meeting with Mokete’s wife and Mr Serabele in an attempt to reprimand them. However, only a few days after the meeting, tensions escalated.
Mokete testified that on the evening in question he went out searching for his wife after noticing she had not returned home after dark, around 8pm. During the search, he encountered her in the company of four village people engaged in conversation. Moments later, Mr Serabele appeared a few metres from the group and passed by. Mokete reportedly became suspicious that Mr Serabele had been with his wife and had separated from the group upon noticing his approach.
Armed with a lebetlela (battle stick), Mokete confronted Mr Serabele and assaulted him, inflicting serious injuries. Mr Serabele was admitted to Motebang Hospital but died hours later from the injuries. Following news of the death, Mokete surrendered himself to Pitseng Police Station on 27 December 2019.
Aggravating factors
The prosecution presented several aggravating factors in support of a harsher sentence, arguing that the accused had shown a blatant disregard for the sanctity of human life by killing the deceased. Crown counsel urged the court to impose a severe punishment, emphasising the profound impact of the crime on the victim’s family.
The court heard that the deceased left behind a 12-year-old child. The prosecution indicated that it had no information on whether the deceased had been married. It further submitted that parental love and guidance play a crucial role in a child’s development, and that the minor had now been deprived of this following the death of his father.
The prosecution also told the court that the deceased had been the breadwinner for his family, supporting both his young child and his parents. He reportedly earned a living through piece jobs, and his death had plunged the family into serious financial hardship. In light of these circumstances, the Crown asked the court to impose a harsh sentence on the accused.
Mitigating factors
Adv Mashaile, representing the defence, appealed to the court to impose a lenient sentence on the accused, who pleaded guilty to culpable homicide. In his submissions, Adv Mashaile told the court that the accused had shown genuine remorse for his actions.
He explained that after striking the deceased with a battle stick, the accused contributed money to transport the injured man to Motebang Hospital. Counsel further stated that upon learning that the victim had succumbed to his injuries, the accused voluntarily surrendered himself to Pitseng Police Station.
The defence also informed the court that the accused assisted the bereaved family by contributing a cow towards the burial of the deceased and personally asked the family for forgiveness. According to the advocate, relations between the accused and the deceased’s family have since improved.
Adv Mashaile added that the accused pleaded guilty at the earliest opportunity, saving the court time and preventing the state from incurring further expenses associated with a full trial. He therefore urged the court to consider a non-custodial sentence, arguing that imprisonment would hinder the accused’s ability to raise money for compensating the deceased’s family and help with the child’s upbringing.
The accused told the court that he was employed as a security guard, earning M2800 per month, and also owned several livestock.
Sentencing
Delivering the sentence, Justice Lesaoana noted the efforts Mokete had made to get the extra marital issue resolved including approaching the area chief. However, the judge said such circumstances could not justify taking a life.
The court also took note of the accused’s proposal to compensate the deceased’s family in an attempt to rectify his wrongdoing. Nevertheless, Justice Lesaoana emphasised that such an effort did not remove the court’s responsibility to impose an appropriate sentence.
“The judgment should be equivalent to the offence, even though no sentence can restore a loss of life,” she said.
In determining the sentence, the judge said the court had carefully weighed both aggravating and mitigating factors.
“Having weighed the aggravating and mitigating factors, I have reached a conclusion and my sentencing is as follows: the accused is sentenced to 10 years’ imprisonment,” she said.
However, the court ordered that nine years and 11 months of the sentence be wholly suspended for a period of three years, on condition that the accused does not commit any offence during that time.
In addition, the court ordered Mokete to compensate the deceased’s family with M50 000.
Sentencing a man to only an effective term of a month in prison for taking a human life -regardless of his mitigatory story – is likely to attract scorn and ridicule in a country with an ever-rising murder rate.