Legal Technicality Frees Six Men Convicted of Killing North West CPF Patroller

Six men convicted of murdering Community Policing Forum (CPF) patroller Mohele Motimi in 2017 have walked free after the North West High Court in Mahikeng overturned their convictions and sentences.

Convictions and Appeal

Simon Bohope, Kholekile Mafilika, Charles Nkosi, Mzikaise Mfishane, Thyekile Zitha, and William Mogorosi were sentenced to 15 years in prison by the Stilfontein Regional Court in 2022.

They were part of a group accused of stabbing Motimi to death in Jouberton, Klerksdorp, on 25 February 2017. The attackers, believed to be gang members, allegedly targeted CPF patrollers because their community patrols interfered with criminal activity.

While seven suspects were convicted, only six pursued an appeal.

The Legal Flaw

The appeal centred on section 93ter(1) of the Magistrates’ Courts Act, which requires two assessors to sit with a magistrate in murder trials unless the accused waive the right. Assessors act as legal advisors in serious cases.

The defence argued that:

• The trial court failed to confirm whether the accused understood their rights.

• Court records showed “no assessors are needed” but did not reflect any explanation to the accused.

• One accused, Bohope, was absent when this decision was recorded.

The state conceded that the irregularity invalidated the entire trial.

High Court Ruling

Acting Judge Nicolaas Laubscher ruled that the trial process was flawed. He noted that the magistrate did not ensure compliance with the law and failed to confirm whether the accused waived their rights.

As a result, the convictions and sentences were set aside, and the six men were ordered to be released immediately unless held for other matters.

The Victim

Motimi, a respected CPF member, was killed after being chased and stabbed multiple times with pangas and knives. The post-mortem revealed multiple chop wounds to his scalp, neck, and chest.

The High Court’s ruling means the case effectively collapses, leaving Motimi’s family without justice eight years after his killing.

{Source: IOL}

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