…as six men jailed 10 years for killing suspect
Hopolang Mokhopi
THE High Court has strongly condemned acts of mob justice after sentencing six men to 10 years’ imprisonment each for their role in the killing of a man they accused of theft.
Justice Tšeliso Mokoko sentenced Thabang Mohale, Moeketsi Mphafi, Thabang Ntsoele, Thabiso Kompi, Lebohang Thejane and Motaba Hlohlongoane following their conviction in connection with the death of Phakiso Likofi Lebina. The accused were represented by advocate Rasekoai Thoahlane.
According to the indictment, the six men acted with a common purpose on or about 27 October 2021 at Sehlabeng sa Thuathe Masimong in Berea district, where they unlawfully assaulted Lebina, leading to his death.
The court heard that the six men initially faced murder charges but later pleaded guilty to culpable homicide.
In his judgment, Justice Mokoko acknowledged several mitigating factors, including the fact that the six were first offenders, had shown remorse and cooperated with police investigations.
“The defendants pleaded guilty to culpable homicide, demonstrating remorse and responsibility for their actions, which the court noted as mitigating factors,” Justice Mokoko said.
The judge said the six men consistently attended court proceedings, cooperated fully with investigators and handed over exhibits linked to the case. He also said they compensated Lebina’s family as a sign of remorse.
Justice Mokoko commended community members for responding swiftly after an alarm was raised and attempting to protect their community. However, he warned against taking the law into their own hands.
The court heard that Lebina was found at Mohale’s residence on the night of the incident with injuries showing he had been severely assaulted.
Justice Mokoko said the injuries, including those sustained to the head and fingers, reflected excessive force. He added that the injuries should be viewed collectively as part of a brutal assault rather than as isolated incidents.
The court also considered circumstances in which Lebina was allegedly left wet and unattended, including suggestions that water may have been poured on him. Despite concerns over the conduct of the six men, the judge acknowledged their efforts in reporting the incident to police and informing Lebina’s relatives.
In passing sentence, Justice Mokoko stressed the need to deter acts of mob justice, saying violence and self-help could not be tolerated in a constitutional society.
He warned that communities resorting to violence when dealing with suspects undermined the rule of law and encouraged lawlessness.
The six were each sentenced to 10 years in prison.
“The ruling serves as a reminder that justice is paramount, and the rule of law must be upheld in all circumstances,” Justice Mokoko said.