Botswana nationals jailed for killing a Zimbabwean

Two manslaughter convicts will serve only three years in jail because they acted under provocation by the deceased who was said to be Zimbabwean. The two, Justice Masekelakufa (31) and Otsile Tenego (28), had pleaded guilty to the charge.

Justice Mpaphi Phumaphi of the High Court here commuted the men's prison terms back to the time they were first incarcerated. Phumaphi said although the two had acted under provocation and were first offenders, the court could not divert from the real issue that a human life was lost.

Masekelakufa and Tenego were convicted of assaulting their friend, Proceed Ncube, who later died in hospital.

"I take into consideration that the assault that resulted in the deceased's death was consequent upon provocation by the deceased," Phumaphi said.

It was clear from the facts that the two accused were not out to cause trouble that day, he observed.

"Therefore, I will pass sentence that will suit, but not break, the accused persons and at the same time meet the expectations of the society at large. However, I must bear in mind that a human life has been lost and pass a sentence that will register to society the sanctity of human life," said Phumaphi.

In his view, the two could have dealt with the issue in a different way and with less disastrous results.

Stating the facts before court, state prosecutor Phenyo Motlalekgosi said on 27 July 2010, the two were working in the fields when the deceased arrived and started helping them. The deceased then confronted Tenego about making his uncle angry, said the prosecutor.

He said: "An argument broke out and the deceased slapped Tenego across the face and on the way home, he was said to have provoked the second accused by making fun of him. Eventually they arrived at a shebeen and started drinking."

A fight broke out once again at the shebeen during which the deceased slapped Masekelakufa. Whereupon the two accused started beating him.  

"Tenego then (hit) the deceased with a stone on the stomach and the deceased ran off to go and fetch an axe," the prosecutor continued.

The two accused are said to have left after intervention by the shebeen owner as the deceased lay on the ground where the police found him. The two were subsequently arrested while Ncube died after a week in hospital. Masekelakufa and Tenego were represented by Thamsanqa Silitshena of Silitshena Attorneys and Themba Joina respectively.