Ha Nyakane man gets five years for tavern killing

Courts · High Court

A Ha Nyakane man who struck a fellow villager on the head with a nylon stick at a tavern in 2021, killing him, has been sentenced to five years in prison. The court also ordered him to pay M6,000 (approx. USD 330) to the deceased’s family.

Tholoana Lesenya

The High Court has sentenced Mokhopheli Motete, 30, of Ha Nyakane, Maseru district, to an effective five-year prison term after he admitted to fatally assaulting a fellow villager with a nylon stick at a local tavern in September 2021.

Justice Mabatšoeneng Hlaele delivered the judgment after accepting Motete’s guilty plea to culpable homicide. The prosecution had originally charged him with murder but agreed to reduce the charge.

What happened

On or about 19 September 2021, Motete, the deceased and other villagers were drinking at a tavern in Ha Nyakane. Motete fell asleep. When he woke, he attacked the deceased, striking him on the head with a nylon stick. The blow was severe enough that the victim lost the ability to speak. He was taken to a local health facility and later referred to Tšepong Hospital, where he died from his injuries.

A post-mortem examination confirmed the cause of death as bleeding in the brain caused by the assault. Court records show that Motete later told his wife he had killed the deceased. The nylon stick was handed over to police and produced as an exhibit.

The sentence

Justice Hlaele sentenced Motete to 20 years’ imprisonment, suspending 15 years on condition that he does not commit another offence involving the loss of human life within five years. The effective custodial term is therefore five years.

The court noted that while Motete had pleaded guilty and was considered capable of rehabilitation, the seriousness of the offence required a custodial sentence. The judge found that the nylon stick, traditionally regarded as a potentially lethal weapon, demonstrated the gravity of the attack. The court also took note that Motete did not assist in taking the injured man to hospital after the assault.

Motete told his wife he had killed the deceased. The nylon stick was handed to police and produced in court as an exhibit.— Court record, High Court of Lesotho

Orders of the court

In addition to the custodial sentence, the court ordered Motete to pay M6,000 (approx. USD 330) in compensation to the deceased’s family. The amount must be paid within three years of his release from prison, or earlier. The court also directed the State to confiscate and destroy the nylon stick under the supervision of the court registrar or a designated representative.

Case summary