Three men from Batlharos near Kuruman received a jail sentence after they were found guilty of murdering the brother of one of the accused.
The Mothibistad Regional Court has sentenced Lucas Hantise, Lebogang Mphatwe, and Lazarus Abel to 15 years’ direct imprisonment, said Mojalefa Senokoatsane, regional communications manager of the National Prosecution Authority (NPA).
The court heard that on 12 January 2019 Abel discovered that his cellphone was missing. It was last seen in his vehicle in which his younger brother was sleeping the previous night.
He suspected his brother, Itumeleng Abel, of having stolen his phone, and attempted to report the matter to the police in Batlharos Village near Kuruman.
Abel was, however, turned away at the police station and was told to return later as he smelled strongly of alcohol. The police officer at the station suspected he might be under the influence of alcohol.
Frustrated by this, Abel decided to seek assistance from the local tribal council (kgotla). It is alleged that after reporting the matter to this council, Hantise and Mphatwe were instructed to accompany Abel to collect his brother and bring him to the council’s office for questioning.
His brother Itumeleng was traced and apprehended, and on the way to the office, Hantise and Mphatwe instructed Abel to stop the vehicle.
At one point during this assault, the deceased passed out and was released into the care of his brother.
Shortly after leaving the office, the deceased died in his brother’s vehicle. After that, Abel conspired to lie to the police regarding how his brother died.
Later, the police arrested the three accused for the murder.
During the trial, state prosecutor Bernice Bronkhorst argued the fact that the accused acted in the course of a tribal council and that should be seen as an aggravating factor, as they did not have the authority or right to act as they did. Also, Abel’s passive behaviour in light of the brutality against his brother should be seen as an aggravating factor, as well as the accused’s attempt to hide the true nature of how the deceased ended up dying.
The Mothibistad Regional Court agreed that the accused practised “jungle justice” and that the sentence should send a clear message to the community that a tribal council has no authority to interrogate nor punish any person.
They were acting unlawfully, especially in the constitutional era.
The accused were all sentenced to 15 years of direct imprisonment and were declared unfit to possess firearms in future.
