12 Feb 2015

Chief Magistrate Gaedupe Makgato of Francistown has set September 9-11 as continuation of the trial in which 16 Shashe Mooke residents are facing three counts of inciting violence, causing grievous bodily harm and malicious damage to property.

The dates were set after six prosecution witnesses testified in the matter. Gabampone France and 15 others were accused of inciting violence and injured Kgosi David Adam leaving him with a fractured finger on September 29, 2013 in Shashe Mooke.

Kgosi Adam told the court that sometime in October 2011, he received a report thatMs  Florence Ramontsho was missing and he advised the family to search for her from all her relatives.

He further said the family came back again after a week with the same report and he reported the matter to Tati Town police who dispatched a team to conduct a search for the missing person.

Kgosi Adam said he also called a kgotla meeting to inform the community and while the search was on-going Florence’s relatives indicated that they suspected that her employer, only identified as Lydia, was responsible for her missing.

He said he also received a report from Lydia that some residents were threatening her and the same day the villagers rioted closing all the kgotla gates. Kgosi Adam told the court that the uprising was to the extent that the police were called and had to use tear gas to disperse the protesters. He said the search then continued until December 2011 when it was called off.

He further said in 2013, he received another report that bones suspected to be of a human being were found by some men who were engaged to remove mud from Lamotse Sethapo’s well and he reported to the police.

He said after three days he received a report from the police that the bones were those of Florence as the family had already confirmed and that the funeral was on September 29 at Mphane lands.

Kgosi Adam said on the day of the funeral he arrived late and heard one of the messages being read aloud, “Re lebogela go boloka ngwana wa rona yo o jelweng ke bahumi ba sa je ba bone.”

He said the funeral convoy proceeded to the cemetery in Shashe Mooke and although the burial process went ahead it was disturbed by a group of chanting youth, of which he pointed at the accused persons in court as the group that was chanting.

He said after the burial the mourners went back to Mphane lands and just when the VDC chairperson was invited to address the mourners, the deceased’s father asked to be given a chance to speak and he said “ Go diragetse ke ikuetse ko go Boki Maphakwane a seka a ntsaya tsia, Flora ke yo o sule. Ke ikuetse ko go Kgosi le ene ga a ntheetsa jaanong ke yoo o ile.”

He said when it was the VDC’s turn to talk, he (Kgosi) heard somebody saying, “Ga re batle mo VDC ga re a mo tlhopha,” and when the councillor tried to intervene another voice instructed him to sit down and the voice said, “Ga re sa batla makhanselera a Bakalaka re batla ba rona ba Masarwa.”

“At that point I tried to calm the situation but some people started throwing stones at me until a CID officer escorted me outside the tent and the yard,” he told the court.

Kgosi Adam said as the CID officer escorted him to the police vehicle, he saw his vehicle’s windows all smashed and just as they passed the vehicle some hit him with a sjambok on the head and while some kept throwing stones until one of the stones hit him on a finger. He further said on his way out of the tent and yard he saw Sebetlela and Bareetseng.

During cross examination by the defence lawyer, Mr Themba Joina, Kgosi revealed that the owner of the borehole, who is now deceased, was his brother in law.

The second witness, Anderson Moalosi who was the VDC chairperson corroborated Kgosi’s evidence and he told the court that he saw one of the people who said they wanted Kgosi but did not know his names. 

Mr Moalosi when asked whether the person was in court and whether he can show the court who the person was, went to the dock and at pointed at one the accused persons, Onalenna Jeremane.

He further said one of the people who were chanting at the cemetery was Kesebonye.  He further said that though he did not see any particular stone hitting Kgosi, there was a possibility that one hit him because they were coming from all directions.

Another witness, Keeditse Fanyane told the court that at the cemetery he was standing next to Gabompone France and she heard her saying, “Ke eng marapo a a bolokwa?Ga nkabo e le ko Kgatleng a ka bo a sa bolokwe.”

Fanyane said she told France to keep quiet but she kept on talking until she (Fanyane) moved away from her.
Tapiwa Chibaya told the court that at the cemetery she heard, France, Daniel, Alfred and Tebape discussing that they were not going to sing funeral songs as they were not sure that the bones belonged to Flora.

She said after the funeral, in Mphane while Kgosi was trying to address the mourners, she saw Jeremane pointing a finger at Kgosi singing, “O ledimo o ja bana” and when she (Chibaya) realised that the situation was getting out of control she left the place and went outside to sit in one of the vehicles.

She told the court that while seated there, she saw a group of people stoning Kgosi’s vehicle and later saw Kgosi escorted out of the yard. 

Chibaya said from where she was seated she saw Mokgweetsi whipping somebody and did not see clearly whether it was the CID officer or Kgosi.

She said Mokgweetsi further threw stones towards Kgosi and one of them hit him on the hand. “After that Mokgweetsi brought a pick axe and hit one of the tyres of the vehicle belonging to Kgosi, from there Ntema took the same pick and hit the right window and lastly Jeremane took the pick and hit the right rear and left from tyre and she left the pick there,” she told the court.

Tatitown Station Commander, Superintendent Cyprian Magalela corroborated Fanyane’s evidence and said the same woman whom she heard at the cemetery saying, “A batho ba Shashe Mooke ba dumela go boloka marapo?Ga nkabo e le ko Mochudi ba ka bo ba sa dumela,” who was later identified as France, incited those who damaged Kgosi’s vehicle because she kept on saying, “E thubeng.”

The case continues and the prosecution will call five more witnesses, Assistant Superintendent Lapologang Moatshe represents the state while Themba Joina of Joina and Associates represents the 16 accused persons.  ENDS