Witchcraft murder appeal borders on death penalty
19 Feb 2026
A mistaken identity murder stemming from witchcraft claims has left Ernest Legwale and Hamadi Mkhuha fighting a 40-year imprisonment sentence at the Court of Appeal.
Legwale and Mkhuha were sentenced by the High Court in 2024 for the murder of Thato Meswele in September 10, 2015 in Oodi. Meswele was the younger sister of Legwale's wife, Dimpho.
Legwale had allegedly hired Mkhuha and another person not before court to kill his wife and mother-in-law, believing that they were bewitching him. However, the hitmen mistakenly killed the young sister.
The case was described by Court of Appeal (CoA) judges as a borderline one which could also have attracted a death penalty, when the duo appealed their imprisonment sentence and conviction on Wednesday.
A CoA panel comprising Justices Isaac Lesetedi, Modiri Letsididi and Tshepo Motswagole explained that even the trial judge had noted that the case, which hinged on the weight of traditional beliefs, could have landed the duo a death sentence.
"This is an extreme case by all standards, it involves money and cold-blooded murder," Justice Motswagole said.
"Your client is riding on someone's belief in witchcraft," Justice Motswagole added after listening to Mkhuha's attorney, Mr Letlhogonolo Makgane.
Mr Makgane had claimed that his client's sentence was unprecedented and without justification.
"A 40 year sentence, in all honesty, is a slow death sentence. For a 56-year-old man to be sentenced to 40 years, he will die in prison,” he said, noting that a sentence of 25 to 30 years would have been appropriate as it had been the norm for the court to adopt such sentence.
Legwale and Mkhuha should not be treated equally in punishment, Mr Makgane said, noting that "the perpetrator should get more than the hired hands".
Furthermore, Mr Makgane pointed out that no evidence placed Mkhuha at the crime scene in Oodi or in the conspiracy to kill.
Mr David Ndlovu representing the first appellant, Legwale, told court that the 40 year sentence was severe and could only be meted out if there were severe aggravating circumstances.
He also argued that the High Court erred by convicting his client based on the evidence of a traditional doctor, since it was the same traditional doctor who came up with prophecies that Dimpho and his mother-in-law were bewitching Legwale, and also performed charms to kill them and cleansed Legwale.
Furthermore, he said that the traditional doctor was the mastermind behind the murder and also participated in the disposal of the getaway vehicle.
”The court erred in finding that the traditional doctor was a credible witness," he said, adding that when first interviewed by the police, the traditional doctor denied everything but later changed his story and said he knew the killers.
Judgment on the appeal case is expected on March 27. BOPA
Source : BOPA
Author : Bonang Masolotate
Location : Gaborone
Event : Court case
Date : 19 Feb 2026
Related News
18 Feb 2026
18 Feb 2026
Mpotsang Convicted of Girlfriends Manslaughter
17 Feb 2026
Child abuser domestic worker remanded in custody
10 Feb 2026