25 Aug 2022

Gaborone High Court has sentenced Zimbabwean illegal immigrant, Passmore Moyo, to death for the murder of his girlfriend.

Justice Abednego Tafa passed the sentence on Wednesday after he convicted Moyo of killing Mosianeemang Motswagole in Good Hope in 2018.

According to the records, Moyo assaulted Motswagole with fists and hit her on the head with bricks, while she was laying down.

The assault, which resulted in the death of the deceased, occurred after Moyo found her with her ex-boyfriend, whom he also assaulted, causing him to sustain a fracture on the left hand.

Moyo was charged and convicted for entering Botswana through an ungazetted point of entry, causing grievous harm and murder, hence the court imposing the death penalty on him.

“You are sentenced to death in which case you will be hanged by the neck until you are dead. May God have mercy on you,” said Justice Tafa.

Moyo was also fined P300 for entering the country illegally, which was wholly suspended on condition that he would not commit similar offence within the next three years.

A two-year imprisonment sentence was also imposed on him for unlawfully causing grievous harm to Charles Moalosi, who was the ex-boyfriend to Motswagole.

Before passing the sentence, Justice Tafa said he had taken into consideration the mitigations by the convict’s counsel, Mr Kagisano Tamocha.

The defence lawyer had said the convict was a first offender and had been forced into the country by the economic situation in his native country.

However, Justice Tafa said his hands were tied on the murder charge as there were no extenuating circumstances, adding the vicious attack on the deceased was unprovoked and the deceased did not show any resistance at all.

Furthermore, he said there was no evidence that the convict might have consumed alcohol, which could have had a bearing on his actions on the fateful day.

However, Justice Tafa said there was a likelihood that the accused might have been jealous, seeing his girlfriend walking with a former boyfriend.

He said jealousy, whilst qualifying as an extenuating circumstance, was nonetheless far outweighed by the aggravating feature of the case, which was a sustained vicious assault perpetrated on deceased, even as she lay on the ground.

“In the circumstances, I have come to the conclusion that no extenuating circumstance as envisaged in the law exist in this case,” he said.

The death penalty sentence, wrapped off Justice Tafa’s illustrious legal career, which spanned over 44 years, as he would be retiring on August 31.

He started his career in 1978, following his graduation with a Bachelor of Law degree from the University of Botswana, Lesotho and Swaziland (UBLS) and immediately joined the Attorney General’s Chambers.

He later joined the private practice, before re-joining the Attorney General’s Chambers as the Deputy Attorney General.

He was appointed as Judge of the High Court in 2005 and was appointed Judge President of the Lobatse High Court Division in 2012, before being transferred to the Gaborone High Court Division as Judge President in 2019.

Justice Tafa has served as chairperson of the Independent Electoral Commission (IEC) from 2013 to date and has served as a member of various boards of parastatals.

In addition, he was the lead counsel and agent for Botswana, at the International Court of Justice, in the Republic of Namibia vs Republic of Botswana case on the Sedudu Island. ENDS