Mob justice killers appeal life, 45-year sentences
…as they challenge convictions and punishment over witchcraft killings
Hopolang Mokhopi
MATHATO Mafeisi and 10 other people convicted over the killings of members of the Makhetha family have appealed against their convictions and sentences, arguing that the trial court misdirected itself in assessing the evidence and imposed excessively harsh punishment.
The 11 had brutally assaulted the Makhethas to death, accusing them of practising witchcraft.
Mafeisi, 56, of Baking Ha Lebentlele in Berea, was sentenced to life imprisonment without parole, while 10 of the other accused were each sentenced to 45 years in prison after being convicted of the murders of Tumane, ‘Malethole and Majane Makhetha, as well as arson, assault, malicious damage to property and attempted murder.
The sentences were handed down by Justice Mafelile Ralebese on 26 September 2025.
In her sentencing judgment, Justice Ralebese described the violence as “gravely senseless and inhumane”, saying the case had devastated the Makhetha family and the wider Ha Lebentlele community.
The court heard that Mafeisi set Tumane and ‘Malethole Makhetha alight on 29 October 2016 before smashing their heads with a stone, after accusing them of practising witchcraft. Petrol was poured over the victims during the attack.
The court also heard harrowing evidence from survivors, including Limakatso Makhetha, who sustained burns that left her permanently disabled and unable to breastfeed her child. She told the court she woke from a coma to learn that her parents and sister had died.
Lethole and Matšepiso Makhetha also testified about watching their father being burned alive as their home caught fire while they tried to protect a toddler and an unborn baby. The family lost its home, vehicle and breadwinners.
The appellants, led by Mafeisi as the first appellant, have now challenged their conviction.
The other appellants are Nthabiseng Moeti, Ramakula Fusi, Tumelo Mafeisi, Jeremane Fusi, Serema Mafeisi, Thato Mafeisi, Retšelisitsoe Moeti, Khotso Ramakhetheng, Peterose Mafeisi and Thapelo Moeti.
According to the grounds of appeal filed by K.J. Nthontho Attorneys, the appellants contend that the trial judge erred and misdirected herself by attributing acts allegedly committed by a mob to individual appellants.
They argue that there was no sufficient evidence linking them to the commission of the crimes, with the Crown allegedly relying heavily on the uncorroborated evidence of Lethole, who claimed to have witnessed the incident after 9pm.
The appellants further argue that the sentences were “extremely harsh, punitive and do not take into account prospects of rehabilitation”.
They contend that Mafeisi was sentenced to life imprisonment without eligibility for parole despite being convicted on the basis of common purpose with the other appellants, who received 45-year sentences.
The defence challenges Lethole’s identification of Mafeisi, who was said to have been seen burning Tumane Makhetha and hitting ‘Malethole Makhetha with a stone.
According to the grounds, the identification took place at night under conditions in which it was allegedly difficult to see, and the defence maintains that the identification was false.
The appeal also raises the age of Serema Mafeisi, the sixth appellant, who was sentenced to 45 years. The defence contends that he was a minor at the time of the offences, having been born on 1 October 1999.
The appellants argue that Serema was not seen assaulting anyone, that his alleged attempt to set a house on fire was unsuccessful and that he did not have a clear comprehension of his actions at the time.
In respect of Nthabiseng Moeti, the second appellant, the defence argues that corroborated evidence showed that she only participated in assaulting Limakatso Makhetha and that a 45-year sentence was excessive for her alleged role.
For Ramakula Fusi, Tumelo Mafeisi, Jeremane Fusi and Thapelo Moeti, the grounds of appeal point to alleged inconsistencies in the evidence of witnesses.
The defence says the witnesses did not see some of the appellants at the scene and that there was no direct evidence linking them to the killings, apart from their alleged presence at the scene in a motor vehicle or their arrival after the attacks had already begun.
The appellants have reserved the right to file additional grounds of appeal after receiving the full record of the proceedings.
The appeal has yet to be heard.
At sentencing, Justice Ralebese noted that although the accused had been convicted under the principle of common purpose, their individual roles and circumstances had to be considered when imposing sentence. She also noted that the accused were first-time offenders and that some were young and influenced by mob psychology.
The judge nevertheless said the killings had caused profound harm to the surviving members of the Makhetha family and the wider community, stressing that superstition and beliefs in witchcraft could never justify the violence inflicted on the victims.
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