Moorosi Tsiane
MULTIPLE murder accused army Captain, Litekanyo Nyakane, got a reprieve on Friday when Justice Polo Banyane ruled that the report he made to his superior, Major General Ramanka Mokaloba, on the night of 7 April 2012, after allegedly killing three civilians in Mafeteng, could not be used as evidence against him.
The ruling followed a challenge by Nyakane’s legal representative, Advocate Karabo Mohau KC, against Crown Counsel Mosoeunyane Masiphole’s bid to deploy the report against Captain Nyakane.
Adv Mohau argued that the report should not be admitted, as it was not made voluntarily. The argument arose when Adv Masiphole led Maj-Gen Mokaloba in giving evidence on 12 January 2024 as a Crown witness.
Maj-Gen Mokaloba had testified that he received a phone call from Nyakane on the night in question, informing him of a shooting incident involving civilians in Mafeteng. Adv Mohau promptly objected to this testimony, calling for a trial-within-a-trial to assess the admissibility of the report.
The submissions in the trial-within-a-trial were heard on 11 September 2024 following Maj-Gen Mokaloba’s appearance?on 9 August. Adv Mohau submitted that the report made by Nyakane to Maj-Gen Mokaloba was inadmissible under common law, as it had not been made freely and voluntarily.
“We are concerned with the voluntariness of a statement made outside of court. The element of voluntariness is negated by Section 53(1) of the LDF Act, which stipulates that failure to obey orders constitutes a crime. Whatever report was made to Mokaloba was done under statutory compulsion in line with the LDF Act. A failure to report would have been a criminal offense,” submitted Adv Mohau KC.
Defence lawyers Motjantji Kao, Zwelakhe Mda KC, and Napo Mafaesa supported Adv Mohau’s submissions. In contrast, Adv Masiphole for the Crown argued that Nyakane was fully aware of the events and that the statement should be admitted in court.
“Nyakane was fully aware of what transpired in Mafeteng when he made the report. It cannot be argued that he was under a statutory duty to report,” said Adv Masiphole.
After hearing both arguments, Judge Banyane reserved her ruling until 20 September 2024. On Friday, she ruled in favour of the defence, agreeing that Nyakane’s report was made under statutory compulsion.
“…The court, therefore, upholds the objection, as Nyakane made the report under statutory compulsion. He was bound by Section 53 of the LDF Act to report to his superior about the events where he was deployed,” ruled Justice Banyane.
Nyakane is in this matter charged alongside Lance Corporals Khauhelo Makoae and Sebilo Sebilo, and Privates Tšepo Tlakeli and Thebe Tšepe. They are charged with the murders of Thabang Mosole, Monyane Matsie, and Pakiso Ntala Letatane at Ha-Motanyane, Mafeteng in 2012. The case is set to continue from 13 to 17 January 2025.
In a separate matter, Nyakane is also facing charges for his involvement in the 25 June 2015 murder of Lieutenant General (Lt-Gen) Maaparankoe Mahao. He is charged alongside former army boss?Tlali Kamoli and other military officers. Furthermore, he faces additional charges, including the murder of police Sub Inspector Mokheseng Ramahloko, attempted murders, and treason in connection with the 29-30 August 2014 attempted coup to overthrow the government of former Prime Minister Thomas Thabane.
Nyakane is also charged with attempted murder and malicious damage to property relating to the 27 January 2014 bombings of former First Lady ‘Maesaiah Thabane’s Moshoeshoe II home and the residence of then Police Commissioner Khothatso Tšooana.