Kabelo Masoabi
A Mokhotlong street vendor has been sentenced to 15 years’ imprisonment after the High Court found him guilty of murdering another man during a drunken dispute over traditional Sesotho music.
Acting Justice Tšooana Lesaoana, sitting in the High Court in Leribe, convicted Lebohang Kao of murdering Lebohang Mabusetsa in 2024, finding that although he did not have a direct intention to kill, he was guilty of murder with indirect intent.
The fatal incident occurred after the two men became embroiled in an argument at a public bar where alcohol was being consumed. The disagreement, reportedly over traditional Sesotho music, escalated into a physical fight during which Mabusetsa was stabbed to death.
The court heard that after stabbing the deceased with a white knife, Kao entered the bar and openly declared that he had stabbed Mabusetsa.
Evidence further showed that the accused and the deceased had a history of bad blood and were not on good terms.
During the trial, Kao denied the murder charge and insisted that the kitchen knife produced in court was not his. He testified that although his own table knife had bloodstains, the blood belonged to a bird he had slaughtered earlier that day and not to the deceased.
At the close of the prosecution’s case, defence lawyer Advocate Sekonyela applied for Kao’s discharge, arguing that his client had been falsely implicated and that the prosecution had failed to establish a prima facie case. However, the application was dismissed after the court found that sufficient evidence had been presented requiring the accused to answer the charge.
A key prosecution witness, Karabo None, testified that while under police escort, Kao led investigators to a white knife hidden beneath concrete slabs outside the bar where the murder had occurred the previous day.
The court ultimately found that the prosecution had proved its case beyond reasonable doubt and convicted Kao of murder with indirect intent.
In mitigation, the court heard that Kao is a first-time offender and the father of two children, who are now being cared for by their grandmother after their mother left the family. Before his arrest in March 2024, he earned a living as a street vendor.
The court also considered that he had contributed M6000 towards the deceased’s funeral expenses.
Handing down sentence, Acting Justice Lesaoana said the court had found the existence of extenuating circumstances.
“Having considered Section 296(1) and (2) of the Criminal Procedure Act, I have found that there are indeed extenuating circumstances in this matter. I have taken into account the circumstances surrounding the fight over traditional Sesotho music.
“I have also considered the fact that you are a first-time offender. In addition, I have taken into account that you contributed M6000 towards the deceased’s burial expenses. These factors, in my view, constitute significant mitigating circumstances, particularly the finding that you did not directly intend to kill the deceased, but that your intention was indirect.”
She added that the court had balanced the interests of society with the accused’s prospects for rehabilitation.
“In passing sentence, I have considered the best interests of society. I am also mindful that the court should not be seen as seeking revenge against you. I have further considered your prospects for rehabilitation, as well as the fact that you have been in custody since March 2024.
“Having weighed all these factors, I sentence you to 15 years’ imprisonment. A period equivalent to the time you have already spent in custody will be deducted from your sentence. Accordingly, the sentence is to run from March 2024. Finally, I order that the murder weapon, being a knife, be destroyed.”