12 Feb 2024

Gaborone High Court on Friday found Randy Motlhokodise guilty of manslaughter for the death of Onalethata Ketlhalefile.

Particulars of the matter were that on Aug. 31 2014, Motlhokodise travelled from Mookane where he had gone to pick his children and grandmother, picking various hitchhikers along the way, including the deceased.

The particulars also indicated that the deceased alighted at the Malotwane turn-off where a scuffle ensured as he demanded his change after paying, failing which he threatened to kidnap one child on the nearby seat.

It is further indicated that during the scuffle, Motlhokodise drove away, dragging the deceased some 80 metres while he was still holding on to the mini bus door, only stopping after fears that he had run him over following a thud underneath the mini bus. He is reported to have loaded him in the combi and drove all the way to Mogoditshane to drop off the kids and grandmother, and informed them that he was driving the injured man to the Princess Marina Hospital.

Evidence before the court however, was that the injured man never reached the hospital as Motlhokodise instead dumped him in the bush near Sir Seretse Khama International Airport where he was later discovered dead. Justice Michael Leburu of Gaborone High Court said the convict failed to exercise the duty of care he was supposed to show to the deceased.

“First you failed to ensure the safety of the deceased before you drove off the combi to join the road while he was still holding on to the door, and the fact that you ignored the plea of other passenger to stop as you were likely to run him over also indicated negligence,” he said.

Justice Leburu said that after injuring the deceased, any reasonable man would have prioritized taking them for medical attention, but Motlhokodise instead prioritised a lesser matter of dropping off his passengers, and later threw the deceased in the bush instead of taking him to the hospital as he claimed.

He said all those defeated the actions of someone who was sorry for his actions.

“In manslaughter, there should be clear indication that one made some efforts to preserve or protect the life of one they have endangered, and according to the narration of the events by various witnesses, the actions of the convict did not demonstrate such effort,” he said.

He ruled that Motlhokodise displayed negligence of his duty to care, and that his actions had a direct link to the cause of death of Ketlhalefile. Therefore, he found him guilty for manslaughter.

He ordered that Motlhokodise be fingerprinted to check any previous convictions before his mitigation, which is set for March 6. ENDS