Rédaction Africa Links 24 with Lesotho Times
Published on 2024-03-05 09:46:05
The convicted Principal Chief of Tšakholo, Tebang, and Ha-Seleso, Khoabane Mojela, recently found relief as the High Court decided not to sentence him to death, citing extenuating circumstances related to his beliefs in witchcraft. The ruling by Justice ‘Mabatṧoeneng Hlaele came after Chief Mojela fatally shot his cousin, Tšenolo Letsie, whom he believed was bewitching him. This incident occurred on 18 May 2020 in Mafeteng, resulting in Mr. Letsie’s death on 2 June 2020.
After being found guilty in court on 14 February 2024, Chief Mojela enlisted the help of his lawyer, Advocate Jafta Thamae, to avoid the death penalty. Thamae successfully argued that the Chief’s belief in witchcraft was a valid extenuating circumstance given the seriousness of the issue in rural areas. According to Thamae, such beliefs could be used to harm or even kill individuals.
During the trial, Thamae presented the Chief’s defense, stating that he felt threatened by the deceased and believed that witchcraft was being used against him. He emphasized that Chief Mojela did not premeditate the killing and even turned himself in to the police after the incident. Thamae highlighted that the Chief was a first-time offender who adhered to his bail conditions and had a family to care for.
In response, Crown counsel Adv Lehlanako Mofilikoane argued that belief in witchcraft did not excuse the Chief’s actions and that he had a motive to kill. Mofilikoane emphasized the seriousness of murder and the responsibility that comes with Chief Mojela’s position as a community leader. She pushed for a 25-year prison sentence, pointing out the suffering the deceased endured before his death.
After hearing both arguments, Justice Hlaele acknowledged the influence of rural beliefs in witchcraft as an extenuating factor. She noted the lack of planning in Chief Mojela’s actions and decided not to impose the death penalty but instead opt for an alternative sentence. The sentencing was scheduled for 21 March 2024.
The courtroom was filled with spectators eager to witness this unusual case involving a community leader taking the life of one of his own. Chief Mojela received support from other Principal Chiefs and Senate members, who stood by him during the proceedings.
In conclusion, the case of Chief Mojela sheds light on the complex intersection of traditional beliefs, crime, and justice in rural communities. The court’s decision reflects a nuanced understanding of extenuating circumstances and the cultural context in which the crime occurred. The outcome serves as a reminder of the importance of considering all factors at play when delivering justice.
Read the original article on Lesotho Times
