21 Apr 2026

Chief Magistrate Thebeetsile Molalu of Molepolole Magistrate Court has denied bail to Gaokgakala Toteng (46) and Rosinah Banoge (44), who are accused of murdering 61-year-old Kagiso Lesetedi, ruling that their release could endanger their lives due to heightened emotions within the family and community.

Delivering the ruling on April 21, Magistrate Molalu said the two accused, who were jointly charged with a single count of murder, first appeared before court on January 26.

He noted that the prosecution has consistently opposed their release on bail, supported by both the investigating officer and a representative of the deceased’s family.

The court heard that investigations into the matter are still ongoing, while the community remains ‘incensed and angry’ over the alleged offence.

The investigating officer warned that granting bail could put the accused at risk.

A representative of the Lesetedi family also expressed fears that relatives, still overwhelmed by grief and emotion, could resort to revenge if the accused were released.

Molalu observed that the accused persons did not cross-examine the witness nor make submissions in support of their bail application.

In his ruling, the magistrate emphasised that the court must determine bail based on the interest of justice, balanced against the accused persons’ right to personal liberty.

While acknowledging the seriousness of the charge, which carries the possibility of capital punishment upon conviction, Magistrate Molalu said there was no indication that Toteng and Banoge would abscond trial, interfere with investigations, or commit a similar offence if released.

However, he said the decisive factor was the potential threat to their safety.

“The only factor limiting their release is the concern that their safety cannot be guaranteed due to highly charged emotions,” he said.

Magistrate Molalu added that although the court could not predict future conduct, it must act cautiously.

“No one, including this court, can say for certain what will or will not happen. It is therefore prudent to err on the side of caution,” he said.

He further noted that the accused have been in custody for about three months, which he said was not an unreasonably long period given the circumstances, adding that time was needed for emotions to subside.

Toteng and Banoge have been informed of their right to appeal the decision before the High Court within 14 days.

The matter will return to court on May 26 for a status hearing as investigations, including forensic and postmortem reports, continue. ENDS