16 Jun 2023

Chief Justice Mr Terrance Rannowane will on September 21 make a ruling on the mental state of murder accused Meleko Kachamake (28) of Kang .

Kachamake is accused of murdering his brother Otukile by chopping him with an axe and assaulting his sister Omaatla with a  log wood on the face on November 20, 2016 in Kang.

The  accused has through his attorney, Ms Ntandoyake Mhlanga admitted to have committed the two offences and pleaded for  acquittal since he said he was mentally troubled.

“The intention of the accused was not kill the deceased, but was to kill what he was seeing” said Ms Mhlanga, further adding that Kachamake was not sane and was fbattling with the zombies and snakes only seen by him.

 She said evidence submitted in court showed that the accused was troubled mentally.

 “We should only concentrate on whether the accused person was criminally liable,” said Ms Mhlanga.

 To establish murder under Section 202 of the Penal Code, she said the state should prove that the deceased was dead and died from unlawful harm caused by the accused person and it was accompanied by malice afterthought.

And, in the present case, she said evidence proved that the accused never intended to kill the deceased nor harm anyone, but his mental state precluded him from appreciating that his conduct was wrong.

Ms Mhlanga said Section 10 of the Penal Code presumes that the accused should have been sane at all relevant times.

Further, she said the court should return a special verdict in terms of section 160 (1) of the Criminal Procedure and Evidence Act to the accused, as he was insane at the time of the crime hence not criminally responsible.

 Ms Mhlanga said if the court was not satisfied, the prosecution should prove beyond reasonable doubt that the accused intended to harm or kill the victims.

 Meanwhile, the state prosecutor, Ms Tebo Monyeki said the state was not in contention that the accused chopped his brother with an axe and hit her sister on the face and that the deceased’s death was caused by the injury.

Ms Monyeki said the two toddlers never assaulted the accused person hence it was not a case of provocation.

“It is common cause however that the accused was insane when committing the offence,” she said. BOPA