A fatal tavern altercation resulted in the 15-year imprisonment sentence imposed on Retshidisitswe Solomon Lebojoa, 40, recently at the Gauteng High Court, Johannesburg.
Lebojoa was sentenced to multiple terms of imprisonment in connection with the death of Lehlogonolo Mothapi, 40, after the group had got into a confrontation outside a Rietvlei tavern, Johannesburg east, on September 10, 2022.
National Prosecuting Authority (NPA) spokesperson, Phindi Mjonondwane, confirmed that Lebojoa committed the murder while he was out on parole for a previous offence.
He was sentenced to eight years for attempted murder, 15 years for murder, three years for unlawful possession of a firearm, and two years for unlawful possession of ammunition.
Mjonondwane said: “The charges stem from an incident that occurred on the evening of 10 September 2022, when Mothapi was at Nomsa’s Tavern in Rietvlei with his two friends. Investigations by Constable Livhu Maleba revealed that a confrontation outside the tavern resulted in a physical altercation between the accused and the deceased. The accused’s friends intervened in an attempt to defuse the situation; subsequently, they, together with the deceased, left the tavern on foot.
“As they made their way from the scene, they were pursued by the accused, who was accompanied by unknown individuals armed with firearms. Shots were fired as the group fled in different directions. Minutes later, his friends discovered Mothapi lying on the ground with gunshot wounds. Mothapi later succumbed to his injuries,” said Mjonondwane.
During the trial, the accused pleaded not guilty to the charges. His defence argued that the murder occurred in a matter of minutes, suggesting that there was insufficient time for the accused to plan the crime.
Senior State advocate, Thami Mpekana, highlighted that the accused committed the crime while on parole for a previous offence, and that “had he been kept in custody, the crime would not have occurred”.
“In delivering the judgment, the court deviated from the prescribed minimum sentences, noting that the death of Mothapi was not premeditated but rather the result of a confrontation. The court also took into account that the firearm found in the accused’s possession was not the one used to kill Mothapi.
“The sentence sends a strong message that violent crime will not be tolerated in society. The NPA remains committed to working tirelessly to ensure that justice is served and that perpetrators are held accountable for their actions,” said Mjonondwane.