Kabelo Masoabi
THE High Court has sentenced Pofane Lesaoana and Koebu Rammupuoa to 18 years’ imprisonment each for the murder of Ts’eliso Tlali.
Led by Justice Itumeleng Shale, the Northern Division of the High Court in Ts’ifa-li-Mali sentenced the duo without the option to pay a fine for fatally stabbing Tlali at Ha Ntja – Thoteng village, in the Ha Seetsa area of Leribe.
The court heard that on April 7, 2017, the pair, with a common intent, conducted an unlawful act that led to Tlali’s untimely death. Lesaoana was 21 at the time of committing the murder, while Rammupuoa was 40 years old.
While delivering the sentence, Justice Shale described the murder as “tragic and senseless” therefore such a crime warranted a lengthy prison term.
According to court documents, on the night of the murder, the Tlali and the duo was drinking traditional beer at a local shebeen with other revellers when the two men began to verbally attack Tlali, unprovoked.
Subsequently, the pair intentionally and repeatedly stepped onto Tlali’s feet while dancing to traditional songs.
The prolonged provocation reportedly compelled the shebeen owner to close the business and ask all the patrons to leave, as the accused continued provoking Tlali.
As Tlali left the place at around 7pm, the pair followed him and when they eventually caught up with him, they began to assault him.
The duo then took turns to fatally stab him in the stomach with a single knife, leaving the severely injured Tlali lying on the ground before fleeing from the scene.
The court heard how Tlali, while groaning in pain dragged himself for hours before finally reaching a villager’s house to seek help.
However, he succumbed to injuries soon afterwards.
While passing sentence, Justice Shale noted the ambiguity surrounding the relationship between the Tlali and his two assailants, stating that it was not clear whether they had any previous conflicts.
However, she said since both individuals on trial were not juveniles at the time they committed the crime, it implies that they had a clear understanding of their actions and the consequences.
She highlighted the severe violence inflicted on the victim, describing the attack as utterly “senseless, brutal, and unnecessary”.
She asserted that both the community’s and Tlali’s family’s interests required the court to respond decisively to offenders like Lesaoana and Rammupuoa, in order to deter potential criminals.
“The manner in which the murder occurred shows recklessness and disregard for human life. The fact that the accused failed to call for help should be taken into consideration as such could have saved his life.
“Murder is amongst the most serious offenses and society demands that the court responds to such crisis with appropriate action. The right to life is a foundation and its unlawful violation must attract a serious verdict,” the judge stated.
However, Justice Shale said she had factored in extenuating circumstances to arrive at a sentence that was both deterrent while leaving room for the possibility of rehabilitating Lesaoana and Rammupuoa.
Before announcing the verdict, the judge noted that the accused had shown remorse by providing a sheep for Tlali’s funeral wake.
Furthermore, they had also chopped firewood in preparation for the deceased’s funeral service.
She said, “Finding that extenuating circumstances exist and taking into account that there has been a mediation process, the court is of the view that a substantial custodial sentence is appropriate (reduced sentence). One that hopes it punished the offenders and also deters others but also contributes to a possibility of rehabilitation.”