A self-confessed murderer has lost his appeal to have his conviction and life sentence overturned by the North West Division of the High Court in Mahikeng 

Thabo David Mokoroane who pleaded guilty to stabbing his girlfriend to death in 2023, cited that there was an error and unfairness in his case. 

Mokoroane was sentenced on August 27, 2024, by the Regional Court in North West. He was sentenced to life imprisonment for murder and five years for kidnapping. Both sentences were ordered to run concurrently. He was also declared unfit to possess a firearm. 

In his appeal to the high court, he argued that the court did not follow the required legal procedures by having an assessor. He said this made his trial unfair. Secondly, he claimed that not admitting the age of his girlfriend led to a miscarriage of justice, even though he pleaded guilty to killing her.

He told the court that he and the deceased had been together for eight years. He said on October 15, 2023, they had visited his uncle. 

“She left my uncle’s place and went to buy stuff. When she took a long time to come back, I went to look for her. I found her with a man called Victor,” Mokoroane said. 

He said as he was approaching, Victor left. Mokoroane said he enquired of his girlfriend if she was having an affair with Victor, and she first denied but later admitted. He said this angered him, and he assaulted her. He said after that, he took her to an abandoned building in Ipeleng. 

“I stabbed her several times with a knife. I further hit her with a steel pipe on the head. She was bleeding,” he explained. 

Additionally, Mokoroane said after the assault, he went back to his family to confess to what he had done, and they tried to take his girlfriend to the Clinic. When his trial was about to start, Mokoroane’s lawyer said they would not need an assessor. 

Moreover, when asked in open court, Mokoroane said he did not need an assessor.

Judge Andrew Reddy said having one or two assessors was a requirement under the law for murder cases unless the accused requests otherwise. Judge Reddy said the Regional Court accepted Mokoroane’s request.

The Supreme Court has stated that if a court is not properly constituted (does not have assessors when required), the trial is invalid. However, the court also noted that the accused must be fully aware of their rights regarding assessors.

“In this case, the record shows that the appellant was represented and confirmed that he did not want assessors. Therefore, the first ground of appeal is dismissed as unfounded,” Judge Reddy said.

In dismissing Mokoroane’s argument about age, Judge Reddy said the definition of murder does not require the age of the victim to be included. 

“This argument is dismissed,” Judge Reddy stated. 

He said Mokoroane failed to provide exceptional circumstances that would allow for deviation from life imprisonment. 

“The finding by the court a quo that there existed no substantial and compelling circumstances that justified a departure from the imposition of the mandatory sentence of life imprisonment cannot be faulted,” Judge Reddy stated.

nomonde.zondi@inl.co.za

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