Hopolang Mokhopi
TS’ENOLO Thamahane, a driver at the Directorate on Corruption and Economic Offences (DCEO), has been sentenced to life imprisonment for the murder of Malechakane Mokhoema and 30 years for the attempted murder of his estranged lover, High Court Assistant Registrar Advocate Tebello Mokhoema.
Both sentences will run concurrently.
Thamahane was found guilty of fatally shooting Malechakane (Adv Mokhoema’s sister), and seriously wounding Adv Mokhoema on 8 March 2025 at the Mokhoema family home in Berea. While Adv Mokhoema testified that he shot them “in cold blood,” Thamahane claimed he acted in self-defence, alleging Malechakane was reaching for a gun he said Adv Mokhoema had “stolen” from court exhibits.
However, the court did not buy into Thamahane’s version.
Delivering sentence, Acting High Court Judge Palesa Rantara said that any punishment—whether aimed at deterrence, rehabilitation, or retribution—must weigh three key factors: the seriousness of the crime, the interests of society, and the personal circumstances of the offender.
She explained that in murder cases, courts must also determine whether “extenuating circumstances” exist. This refers to factors that may reduce the offender’s moral blameworthiness and justify a sentence lower than the most severe penalty, the death penalty. Such factors may include youthfulness, intoxication, emotional conflict, provocation, absence of planning, or reduced mental capacity.
However, Judge Rantara emphasised that it is the accused’s responsibility to prove such mitigating factors.
Defence counsel Advocate Katiso Nhlapho argued that Thamahane’s actions stemmed from a sudden emotional outburst during a heated confrontation. He said the accused lost self-control, did not plan the attack, and acted in rage.
Nhlapho urged the court to find extenuating circumstances, arguing that a death sentence would be inappropriate. He pointed to Thamahane’s alleged remorse — saying he surrendered to police the next morning, cooperated with investigators, and instructed his family to offer condolences and support to the deceased’s relatives.
He further noted that Thamahane is a first offender, a high-school dropout, and a breadwinner responsible for his minor daughter and 85-year-old grandmother. The defence also highlighted his stated willingness to compensate the family.
Crown counsel, Advocate Lehlohonolo Phooko, countered that the crime was extremely serious and aggravated by the use of a firearm. He reminded the court that Section 109 of the Penal Code prescribes heavy penalties for murder, especially where firearms are involved.
Adv Phooko argued that Thamahane’s personal circumstances did not outweigh the gravity of the crime. He said society expects strong sentences to deter escalating violence against women and to restore confidence in the justice system.
He dismissed the defence’s claim of provocation, arguing that evidence showed Thamahane had enough time to calm down but instead continued pursuing his victims, indicating a deliberate, not impulsive, act.
In her analysis, Judge Rantara said the court had carefully examined whether the accused acted in rage or had lost self-control. However, she found that the evidence contradicted the defence version on crucial points.
She noted that murder and attempted murder are among the most serious crimes because they violate the constitutional right to life and often leave communities — and surviving victims — deeply traumatised. In this case, she said, the violence occurred in front of young children who will carry the emotional scars for life.
Crucially, the judge pointed to evidence that Thamahane had publicly declared his intention to kill before the incident and later carried out that threat “in cold blood.”
Judge Rantara referenced past legal decisions stressing the need for courts to send a strong message against gender-based violence, saying sentences must reflect society’s outrage and offer protection to women.
The sentence
Having weighed all evidence and arguments, the court concluded that no extenuating circumstances had been proven. The murder was intentional, deliberate and executed with a firearm — one of the most aggravating factors in law.
As a result, the judge imposed:
- Life imprisonment for the murder of Malechakane Mokhoema
- 30 years’ imprisonment for the attempted murder of Advocate Tebello Mokhoema
Both sentences will run concurrently.