…in fatal trolley dispute
Kabelo Masoabi
THE High Court sitting at Tšifa-li-Mali has convicted 26-year-old street vendor, Serame Mafike, of culpable homicide for the fatal stabbing of fellow vendor, Lechesa Sethumatha, during a violent dispute over a crockery trolley in Maputsoe in November 2023.
Mafike, of Ha ’Mathata in Maputsoe, was found guilty by Acting Justice Tšooana Lesaoana this week after the court ruled that although he acted in self-defence, he used excessive force that unlawfully caused Mr Sethumatha’s death.
He had initially pleaded not guilty to a murder charge, but the prosecution rejected his plea.
The fatal confrontation occurred on 18 November 2023 in the busy Metro business area in Maputsoe, where both men operated as self-employed street vendors. Evidence before the court showed that the conflict stemmed from a dispute over ownership and payment for a crockery trolley.
Court proceedings revealed that a few days before the incident, Mafike had sold the trolley to Mr Sethumatha for M100, but the deceased allegedly paid only half of the agreed amount. On the day of the incident, Mafike reportedly attempted to repossess the trolley so he could use it to transport piggery feed.
This angered Mr Sethumatha, who insisted that the trolley belonged to him and ordered Mafike to leave it alone. The disagreement quickly escalated into violence.
In his judgment, Justice Lesaoana said the evidence showed that Mafike was not initially eager to fight. The court heard that Mr Sethumatha attacked Mafike with a fighting stick, repeatedly striking him while Mafike attempted to shield his head with his arms.
The judge said Mafike eventually drew a knife after believing his life was in danger.
“Even though no witness saw the exact moment the deceased was stabbed, the accused himself admitted that he stabbed the deceased during the altercation,” Justice Lesaoana said.
The judge further noted that after the stabbing, Mafike walked away carrying both the fighting stick and the knife while Mr Sethumatha continued to pursue him and even threw a stone at him. According to the court, this behaviour suggested that Mafike was not acting aggressively or attempting to continue the fight.
However, the court ruled that Mafike exceeded the lawful limits of self-defence. Justice Lesaoana emphasised that the post-mortem examination revealed Mr Sethumatha sustained three deep stab wounds to the back, injuries the court considered excessive and disproportionate to the threat he faced.
“The accused was entitled to defend himself after being attacked,” Justice Lesaoana ruled.
“However, he failed to do so in a rational and proportionate manner and unlawfully caused the death of the deceased.”
The court consequently convicted Mafike of culpable homicide instead of murder.
Evidence presented during the trial painted a vivid picture of the chaotic confrontation.
The first Crown witness, Mr Refiloe Chobokoane, testified that he saw Mafike pull a knife from his pocket shortly before the fatal injuries were inflicted.
“I saw Mr Sethumatha assaulting the accused with a stick, striking him three times as the accused attempted to shield himself with his arm. I then saw the accused draw a knife and advance toward Mr Sethumatha with the weapon raised. I became frightened and went back into my shack because I was afraid to continue watching,” Mr Chobokoane told the court.
He said moments later he heard choking and belching sounds from outside. When he eventually emerged, he saw Mr Sethumatha chasing Mafike and throwing a stone at him before suddenly losing strength and sitting down.
Mr Chobokoane, who operated a stall next to Mr Sethumatha, described the ordeal as traumatic.
“We were very close. It was painful to later learn that he had died,” he said.
Another witness, Ms Boithatelo Lekena, testified that she saw Mr Sethumatha attempt to strike Mafike with a stick but miss. She told the court Mr Sethumatha appeared furious over the unresolved trolley dispute and shouted aggressively at Mafike moments before the violence escalated.
Ms Lekena said she became terrified and hid behind her shack during the fight, preventing her from witnessing the stabbing itself. However, when she later emerged, she saw Mr Sethumatha bleeding heavily from wounds to his back while Mafike fled the scene.
The injured vendor was rushed to hospital but later succumbed to internal bleeding caused by the stab wounds.
Defence counsel, Advocate Selepe, argued throughout the trial that her client, Mafike, acted in self-defence after being violently attacked by Mr Sethumatha. The defence maintained that Mr Sethumatha was the aggressor and that Mafike acted only to protect himself during the altercation.
Following the conviction, Mafike’s bail was revoked pending sentencing proceedings. Both the prosecution and defence are expected to present aggravating and mitigating factors before sentence is handed down.