27 Mar 2023

Two death row inmates, Atholang Mojanki and Nthoiwa Maxala will today take to the Court of Appeal their last attempt to overturn their separate death penalty convictions.

The duo, who were condemned to death by Francistown High Court for two separate murder cases in 2021, had their appeals postponed by the Court of Appeal panel on March 10 this year, owing to their desire to make changes to their legal teams.

Mojanki, a former police officer, had told the court that he wanted to beef up his legal team with Mr Kgosietsile Ngakaagae, whom he said he had been informed at the time that he was attending a conference outside Botswana.

“I regret to inform the court that Mr Ngakaagae is not in attendance,” Mojanki’s attorney, Mr Kgololesego Segabo told court. He also told the court that the convict was adamant he wanted changes to his legal team.

Court however urged the convict to sort his legal representation dilemma, as he had told court in September last year that he wanted to change attorney, yet nothing had happened.

Court further told him that he risked conducting his own defence, should he let Mr Segabo go, as there were no records that he had engaged Mr Ngakaagae and the court could not allow further delays to the case.

“I cannot conduct my defence,” he said, adding that he would continue with Mr Segabo. “I don’t feel confident having received his file in the morning,” Mr Segabo said after Mojanki retreated on his earlier plans.

As such, the court postponed the matter to allow Mr Segabo enough time to prepare for his client’s defence. “At least you have shown commitment to this case and you appear to appreciate the gravity of the matter,” Justice Isaac Lesetedi said to Mr Segabo.

Mojanki was convicted by Francistown High Court for the murder of ex-girlfriend, Bokani Socks in January 2014, who worked as a nurse at the city’s Nyangabgwe Referral Hospital.

Still on the same day, another death row inmate, Nthoiwa Maxala will also appeal his conviction, after the court granted him postponement to grant him his desire to engage a new attorney.

Francistown High Court had sentenced Maxala to death for murdering Thuso Duncan Mulaladzi, who was a Physics teacher at Tutume Mc Connell in September 2015.

In what the court determined to be a premeditated murder, Maxala was said to have hunted the victim for about 20 kilometres following a scuffle and gunned him to death upon seeing him. ENDS