12 May 2024

Gaborone High Court on May 10 convicted Ernest Legwale and Hamadi Mkhuha for the September 10, 2015 murder of Thato Meswele.

Delivering judgement, Judge Michael Leburu said the state had succeeded in proving the guilt of the two accused persons for the charge of murder beyond reasonable doubt.

The two accused persons and another not before court on or about September 10, 2015 at or near Oodi acting jointly and with a common purpose, unlawfully assaulted Thato Meswele thereby inflicting injuries. She died four days later on September 14, 2015.

However, the death of Thato was a case of mistaken identity as the hit men, allegedly hired by Legwale, were to kill his ex-wife, Dimpho Meswele.

Judge Leburu said according to Kgosi Meswele during the early hours of September 10, 2015 at around 6am the deceased went outside the house to collect a kettle that was used to warm the water.

“Immediately after going out Kgosi heard Thato screaming for help saying people were killing her. The witness rushed outside the house and found Thato lying on the ground in front of the house by the kitchen door. She was bleeding from the head.

“He immediately saw a white Toyota Corolla reversing quickly. A tall man jumped inside the Toyota Corolla and the said car drove off at a very high speed,” he said. Judge Leburu said according to a post-mortem report, death was due to cerebral injuries due to injuries on the head.

He said another state witness, a traditional doctor, Wellington Mhatiwa testified that sometimes in 2015, Legwale came to his place in Mochudi for consultation; accusing Dimpho and her mother, Sediko Meswele of bewitching him, therefore seeking traditional medicine to kill them.

The witness further revealed that Legwale visited again in the company of a man who was later identified in court as the second accused person (Mkhuha).

Mhatiwa said the visit was after some days followed by a call from Legwale informing him that Mkhuha had managed to arrange with someone from South Africa who would be engaged to kill his wife and mother in law.

Judge Leburu said sometimes in September 2015, Mhatiwa learnt about Legwale’s arrest and after his release, Legwale visited his place in a panic mood informing him that the wrong person had been killed.

Another state witness, Moses Morwaagole said in September 2015, he drove to Morwa with Legwale where they met Mkhuha.

He said they proceeded to Mogoditshane to pick up Gody (Zwichanaka Dabi) on their way to Lobatse to return Edwin Molosi’s white Toyota Corolla.

Dabi was later revealed as the other man who was hired by Legwale to execute the murder.

Dimpho Meswele had told the court that their marriage was not a happy one as she was tormented by her husband and accused of misusing property.

Legwale threatened that if she was to divorce him, her mother would wear black clothes, which she understood to mean that she would be killed and that her mother would wear black clothes during the mourning period.

Judge Leburu said Dimpho had in her evidence revealed being attacked at gun point at her house at Naledi Senior Secondary School by man who once visited Legwale and was given a chunk of money. She later identified the man as the second accused person (Mkhuha) at Broadhurst Magistrate Court.

Dimpho also revealed that on the evening of September 9, 2015 while travelling with her other sister, Faith Meswele from Gaborone to Oodi, she noticed a white Toyota Corolla suspiciously following them.

Judge Leburu also said the Investigating Officer (IO), Detective Senior Superintendent Sergeant Marapo arrested the accused persons after a tip off from a reliable source.

He said the IO has revealed that a silver BMW owned by Legwale was used to pay one Zwichanaka Dabi and Mkhuha for killing Thato Meswele.

He said Legwale denied hiring Mkhuha and Dabi to kill his former wife, adding that he came to know Mkhuha, who was a panel beater through the traditional doctor (Mhatiwa) and further denied borrowing a Toyota Corolla from Molosi.

Meanwhile, Mkhuha in his evidence denied ever visiting Legwale and former wife residence at Naledi Senior Secondary School and that he came to know Dabi as he was his neighbour at Mmopane and that he was not involved in the murder incident.

Evidence before court was that Mkhuha was while in custody found in possession of two sim cards registered under the names of Legwale’s daughter and girlfriend.

Judge Leburu said the key issue for the court to establish was to whether Legwale and Mkhuha and Dabi were the ones who murdered Thato Meswele.

Having assessed the demeanor and credibility of Mhatiwa (the traditional doctor), Judge Leburu said it was his finding that the witness was credible and worthy of belief and his evidence was lucid, untainted and unbiased.

He said the witness had no reason to lie or implicate Legwale and that Legwale only gave a bare denial, despite the overwhelming evidence Judge Leburu said the traditional doctor’s evidence was corroborated by Morwaagole who had also testified being told by Legwale and the wrong persons had been killed and therefore was unhappy with turn of events.

He said on the morning of the incident, a white Toyota Corolla was seen fleeing the scene and Legwale had some days prior to the incident borrowed a white

Corolla from Molosi, only for the car to be returned after the incident.

He said the person who orchestrated the attack was familiar with the morning routine at the Meswele’s house and that person was Legwale, therefore he provided the assailants with information about where Dimpho resided and even knew her morning routine.

He said it was only unfortunate that on the fateful day such a routine activity was carried out by Dimpho’s younger sister, Thato. Judge Leburu said evidence of

Legwale that he did not murder Thato was beyond doubt false adding that Legwale was an untruthful witness who denied material evidence placed before court.

“The only inference to be drawn from the entire conspectus of the factual matrix is that it was the accused one who murdered the deceased in concert with the two men he had hired to kill Dimpho Meswele, but mistakenly murdered Thato Meswele,” said judge Leburu.

Also, judge Leburu said Mkhuha had failed to explain concisely the reason for the transfer of the BMW to his names, a day after the murder.

Judge Leburu said whoever gave the IO information about the murder was indeed reliable and credible as it led to the arrest of Legwale and Mkhuha as well as identifying Dabi as the third accused person, though he was never arrested.

The case will mention on May 31, 2024 for the court to determine if there were extenuating circumstances. ENDS