Kabelo Masoabi
NORTHERN Division High Court Judge, ‘Manapo Motebele, has found six men guilty of murdering Phantsi Mphutlane in Maputsoe, sending a strong message that mob justice has no place in Lesotho.
According to the charge sheet, Moeketsi Molapo from Hanyenye, Mohanoe Lesaoana from Ha Maqele, Bafokeng Khomari from Ha Nyene, Khothatso Phamotse from Bela-Bela, Lethola Mokhatholane from Masoleng, Khathala Janki from Ha Qalo, and Nyakane Mohlotse from Ha Maqele shared a common intention that resulted in Mphutlane’s death on 28 August 2019.
The prosecution told the court that the deceased, suspected of theft, was brutally assaulted with sticks and ultimately had his skull crushed with a stone.
During the trial at Tšifa-Li-Mali Court Complex in Leribe, it emerged that a young boy was caught attempting to steal from a shop after Molapo spotted him entering through a window. Lesaoana, whose family owns the shop, was alerted, and the boy revealed that Mphutlane had sent him to steal.
Molapo and Lesaoana then searched for Mphutlane, who fled carrying a stick. They set dogs on him, and he was eventually captured. The deceased was accused of using young boys to commit theft on his behalf. The mob assault continued as others joined, using sticks to beat him. When questioned about other theft incidents, Mphutlane reportedly surrendered three phones belonging to some of the accused.
The court heard that Mphutlane was dragged to a nearby forest at Matlapaneng, bleeding from the mouth and head. The assault continued for hours until he lost consciousness, after which Mohlotse struck him on the head with a stone, according to police reports. A postmortem revealed severe skull fractures, with blood and brain matter spilling out.
Justice Motebele noted that once Mphutlane fell, he no longer posed a threat. Despite this, the mob continued the assault, dragging him into the forest and subjecting him to further violence. She said this clearly exceeded any necessary or proportional use of force.
The defence cited Section 27 of the Criminal Procedure and Evidence Act of 1981, which allows a person to arrest someone believed to have committed an offense. However, Justice Motebele clarified that this does not permit individuals to take the law into their own hands, stating,
“The actions of the accused fall outside the scope of this provision and cannot be justified under it.”
The judge emphasised that private individuals may effect an arrest without a warrant only to surrender the person to lawful authorities.
“The accused persons were present at the scene of the fatal assault. They were aware of the ongoing attack and intended to participate. Each contributed through acts of association, resulting in the outcome.
“Under these circumstances, liability for murder based on a common purpose is established, and the accused are therefore found guilty of murder. The bail of the accused persons is revoked, and they are to remain in custody until sentencing,” Justice Motebele said.