The convicted man was also sentenced for being in South Africa illegally.
A Lesotho man has failed in his attempt to challenge his life sentence for murder after the North West High Court in Mahikeng dismissed his application for leave to appeal.
Theko Mofolo had lodged the application on 28 August 2024 — the same day he was handed his sentence.
He had been convicted of murder, unlawful possession of explosives, and being in South Africa illegally, receiving life imprisonment, 15 years, and two years, respectively.
His co-accused, Thuso Nhlapo, was sentenced alongside him.
The Klerksdorp Regional Court ruled that all sentences should run concurrently.
Lesotho national kills victim at a tavern
During the trial, the state maintained that the killing was premeditated.
The prosecution argued that the victim had been at a tavern when Mofolo and two friends arrived.
Eyewitness Dineo Sithole testified that the victim later stepped outside into the tavern yard, where Mofolo confronted him.
A dispute broke out, with Mofolo allegedly initiating the confrontation.
When the victim fought back, Mofolo drew a firearm from his waist and shot him in the chest.
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He then fired two additional shots while the victim lay on the ground.
The man died at the scene, and forensic pathology officials removed his body after the police arrived.
Authorities also discovered explosives, detonators, and related devices at a property in Kanana rented by Mofolo and Nhlapo.
The charge relating to the Immigration Act stemmed from a statement — admitted as evidence during the trial — in which Mofolo pleaded guilty.
Personal circumstances
Although Mofolo — regarded as unremorseful — elected not to testify in his defence, he did present his personal circumstances in mitigation of sentence.
At the time, the 35-year-old said he was married with two young daughters who live in Lesotho with his parents.
He added that he was unaware of his wife’s whereabouts after she left for South Africa seeking employment.
The appellant was cohabiting with his girlfriend at the Kanana residence.
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Mofolo, whose formal education ended at Grade 7, stated that he had already spent one year and six months in custody.
Before his arrest, he survived on construction piece jobs, earning about R1 000 weekly, which he sent home to support his children.
He also confirmed a previous conviction for illegal immigration, which had resulted in his deportation.
Despite this, he returned to South Africa without documentation, claiming his Lesotho passport had burned in a shack fire.
North West High Court ruling on appeal
In his appeal heard on 7 November this year, Mofolo argued that the regional court erred by imposing a life sentence, asserting that such a punishment offered no prospect for rehabilitation.
He further claimed that the court had given insufficient consideration to his personal circumstances.
In his ruling, North West High Court Judge President Ronald Hendricks noted that Mofolo’s lawyer had argued that the regional magistrate sentenced him “out of anger”.
Hendricks, however, found no evidence in the record to support this allegation.
The judge held that there were no exceptional circumstances warranting deviation from the prescribed minimum sentence of life imprisonment.
He concluded that the magistrate had not erred in handing down a life term, stating that all relevant factors had been properly weighed.
He rejected the claim that the court ignored Mofolo’s personal background, saying: “The contrary is indeed true.”
As a result, Hendricks ruled that the appeal could not succeed.
“The appeal against sentence is dismissed. The sentence of life imprisonment on the count of murder is confirmed.
“The sentence on count two of 15 years, and two years on count three is confirmed, which automatically runs concurrently with the sentence of life imprisonment on count one,” the judgment delivered on 21 November reads.
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