MATJHABENG – Matjhabeng executive mayor Thanduxolo David Khalipha has been acquitted of common assault and two counts of crimen injuria after the Free State High Court in Bloemfontein upheld his appeal and set aside his convictions and sentences.
In an order under case number A85/2026, the court granted condonation for the late filing of the appeal, upheld the appeal and set aside the convictions and sentences imposed on 1 November and 12 December 2024.
The court, presided over by Judge S Chesiwe and Acting Judge NV Motsatsi, found Khalipha not guilty and discharged him on all three counts.
The ruling overturns the outcome of the criminal case against the mayor, who had challenged his convictions in the High Court.
Convictions stemmed from 2024 incident
Khalipha was convicted in November 2024 of one count of common assault and two counts of crimen injuria. The charges arose from an incident in February 2024 involving municipal employees Frank Moreroa and Sphamandla Msomi, who served as his bodyguards.
The mayor subsequently appealed the convictions and sentences, maintaining his innocence and arguing that his constitutional rights had been infringed.
During the appeal hearing on 19 October 2026, Khalipha’s legal team raised concerns about the conduct of Odendaalsrus magistrate Shaun Malander and the integrity of the judicial process. The High Court’s order, however, records the outcome of the appeal without setting out its reasons for overturning the convictions.
Mayor indicated further action
Before the judgment, Khalipha said he intended to pursue a complaint against Malander through the appropriate judicial structures. He indicated that a complaint had already been lodged with the Magistrates Commission and that he would consider further action after the appeal.
The outcome of the appeal does not, by itself, establish any misconduct by the magistrate. Any allegations concerning his conduct remain subject to the relevant processes.
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