Court dismisses application by Limpopo murder accused to have case discharged

28 June 2017 - 17:07 By Zoë Mahopo
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Gavel. File photo.
Gavel. File photo.
Image: Thinkstock

A Limpopo man accused of murdering his ex-lover‘s nine-year-old son tried to avoid giving testimony at the High Court in Polokwane on Wednesday.

Katlego’s body was discovered bellow a bridge near some mountains in the area days after he had gone missing. It is alleged that Makhubela killed Katlego after the boy’s mother‚ Nancy Lesenya‚ ended their relationship which had lasted for 11 months.

On Wednesday‚ Makhubela made an application to be discharged by the court in order to avoid testifying. Makhubela’s lawyer Advocate Lusani Mathavha said she had received instruction to make the application before court on the basis that the state had failed to produce sufficient evidence which could lead to her client being convicted.

However presiding judge Francis Kganyago said the state had brought evidence that Makhubela was the last person to see Katlego and that he [Makhubela] had pointed out the place where the boy’s body had been dumped.

Kganyago dismissed the application‚ saying that Makhubela had a case to answer to. Makhubela‚ who was dressed in a beige jacket‚ later ascended to the witness box to give testimony.

At first Makhubela was barely audible while giving testimony. Kganyago had to ask him to speak louder so that his testimony could be recorded.

“The machine is not picking up your voice. You must speak louder‚” Kganyago said.

Makhubela responded by saying “I will speak louder” but then he continued to speak in a soft tone.

Kganyago had to caution Makhubela once more‚ asking him whether he has a problem with his voice.

Makhubela responded by saying that he does not have a problem.

“So you must talk louder. You must not be reminded time and again‚” Kganyago said.

Lesenya had previously testified that she ended the relationship with Makhubela the day before Katlego went missing during May last year.

However on Wednesday Makhubela claimed that he had a good relationship with Lesenya and that the breakup never happened.

Makhubela claimed that on the day before Katlego disappeared‚ Lesenya had asked him to fetch Katlego and his siblings from school. He said Lesenya also asked him to buy shoes for her and the children which he did.

Makhubela said the next day‚ he had to fetch Katlego and go to the shopping mall with him to exchange the shoes he had bought for him as they did not fit properly.

He claimed to have last seen Katlego when he dropped him off somewhere in the streets of Mzombane where he remained playing with other children.

Makhubela‚ who is a traditional healer‚ also denied that he had at some point informed police officers that his Mamlambo‚ which is a snake with powers‚ had shown him the boy’s whereabouts.

When asked by Mathavha whether he killed Katlego‚ Makhubela responded by saying: “I did not kill him.”

The state prosecutor put it to Makhubela that he fetched Katlego from the streets where he was playing with other children‚ drove with him to a local filling station and went with him to the mountains where the boy was later found dead.

- SowetanLIVE

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