Lesotho Court of Appeal Reduces Sentences for Thuathe Six

The Lesotho Court of Appeal has overturned the murder convictions of six men, known as the Thuathe six, and replaced them with culpable homicide convictions. The six men, Thabang Mohale, Moeketsi Mphafi, Thabang Ntsoele, Thabiso Kompi, Lebohang Thejane, and Motaba Hlohlongoane, were initially sentenced to 10 years in prison for the murder of Phakiso Lebina. The Court of Appeal reduced their sentences, with Mohale receiving seven years, Mphafi and Ntsoele receiving five years each, and Kompi, Thejane, and Hlohlongoane receiving six years each.

The case dates back to October 2, 2021, when Lebina was assaulted by the six men at Mohale's home in Masimong, Sehlabeng sa Thuathe, in Berea. The assault resulted in Lebina's death, with evidence showing that he suffered a fractured skull, three broken fingers, and serious bruises. The six men had argued that the evidence presented during their trial was insufficient to support their convictions, and their lawyer, Advocate Khosi Lesutu, claimed that several irregularities during the High Court proceedings had resulted in a mistrial.

The prosecution, represented by Advocate Nthabiseng Nkoe, argued that all six men had associated themselves with the assault that resulted in Lebina's death. However, Nkoe acknowledged that the prosecution's case relied on circumstantial evidence and conceded that there was no evidence showing that three of the appellants had participated in the offence. The Court of Appeal considered the arguments and upheld the appeal, setting aside the murder convictions and sentences imposed by the High Court.

The Court of Appeal replaced the murder convictions with culpable homicide convictions, which carry a lesser sentence. Culpable homicide involves causing another person's death through unlawful conduct without the legal requirements for murder being established. The court also reduced the prison terms, imposing different sentences according to each appellant's circumstances and degree of involvement.

The reduced sentences take effect from May 2, 2026, and the six men will no longer serve the original 10-year sentences imposed by the High Court for murder. The decision also changes the legal classification of their responsibility for Lebina's death, with the appeal court finding culpable homicide rather than murder.

The ruling was made by a panel comprising President of the Court of Appeal Professor Kananelo Mosito, Acting Judge of Appeal Justice 'Mabatšoeneng Hlaele, and Acting Judge of Appeal Dr Tekane Maqakachane. The case began with Lebina's death following an early-morning assault at Masimong in October 2021.

The Lesotho Tribune reported that the Court of Appeal's decision is the latest development in a case that has garnered significant attention in Lesotho. The case highlights the complexities of the country's justice system and the importance of ensuring that convictions are based on sufficient evidence.

Key points

• The Court of Appeal reduced the murder convictions of the Thuathe six to culpable homicide, resulting in reduced prison sentences.
• The six men were initially sentenced to 10 years in prison for the murder of Phakiso Lebina.
• The reduced sentences take effect from May 2, 2026.