Magistrates testify in murder trial 

…dispute accused confessed under duress 

Hopolang Mokhopi 

THREE magistrates, who were summoned by the High Court to testify in a murder trial, have denied that several accused who confessed to murder  before them had made the confessions under duress. 

Magistrate Lerato Ntelane, Resident Magistrate Thabang Tapole, and Magistrate Lebusa Tšosane appeared before Justice Mafelile Ralebese this week to testify in a trial-within-a-trial brought by Sechaba Fari (24), Thapelo Mokete (19), and Phetetso Lekhooa (21) from Kholokoe, Matsieng, who have been charged with the April 2024 murder of Mathato Majeoa, Thato Majeoa, and Tumelo Majeoa. 

 Advocate Mametse Mapesela appeared for the Crown, while Adv Raboloetsi Makara represented the defence. 

The court heard evidence from the magistrates who were on duty on 6 May 2024, when the accused appeared before them to give confessions concerning the circumstances under which these statements were made. 

 The defence argued that the confessions were not made voluntarily. 

In her evidence-in-chief, Magistrate Ntelane stated that Lekhooa appeared before her on 6 May 2024, which was a Wednesday. 

 She explained that she cautioned him upon his arrival and introduced herself. Magistrate Ntelane said she advised Lekhooa of his rights, emphasising that he was not compelled to make the confession and that any statement he made had to be voluntary and free of coercion. 

She further testified that she informed him that his statements would be recorded in writing and could be used against him in court, either by the prosecution or police. 

 She asked if he understood, to which he responded softly that he did. Magistrate Ntelane stated that during the confession, she was not alone.  She was accompanied by the court of clerk, whose task was to interpret the proceedings into Sesotho, but as the confession was conducted in Sesotho there was no need for the clerk to perform that task. 

The magistrate added that Lekhooa told her he had been assaulted by police while in custody. She instructed him to see a doctor, but he refused, claiming he was okay. She noted that she did not observe any signs of assault  by the police. 

But Adv Makara argued that the police had coerced Lekhooa into making certain statements, threatening further beatings if he did not comply. 

 He also alleged that Lekhooa was kept in police custody longer than necessary to verify that he had spoken exactly as instructed. 

Magistrate Ntelane explained that she was unaware Lekhooa was returned to police custody after the confession, stating, “I am not aware because after the confession, I handed him over to the court clerk.” 

Magistrate Tapole testified that Mokete appeared before him for a confession. He stated that he informed Mokete of his rights, making him aware that anything he said could be used against him by the prosecution or police, and that he would record the statement. 

Magistrate Tapole denied that Mokete was not in sober mind during the confession, affirming that Mokete was sober-minded and insisted on proceeding after being cautioned about his rights. He stated that Mokete was in a proper state of mind during the process. 

Similarly, Magistrate Tšosane denied the allegations made by Fari, asserting that he also advised him of his rights before the confession. He confirmed that Fari appeared to be in good condition and was not pressured to confess, noting that he appeared alert and well-dressed. 

According to the indictment, on or about 28 April 2024, at or near Ha Mafa Mahloenyeng in the district of Maseru, Fari, Mokete and Lekhooa, sharing a common intention or purpose, committed an unlawful act with the intent to cause the death of Mathato Majeoa. The indictment further states that the accused committed the offense of murder of the deceased, thereby contravening the provisions of the relevant criminal code. 

Adv Mapesela said as the prosecution, they wished to close their case as they have no further witnesses. 

Justice Ralebese reserved her ruling to 2 October 2026.  

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