Court of Appeal reserves judgement in Makhamisa murder conviction
Written by Mohale FM on October 10, 2025
The Court of Appeal has heard that the fatal chest wound suffered by the late wife of Litšoene Makhamisa was not inflicted by him.
Makhamisa, who is appealing against both his conviction and sentence, was found guilty by the High Court’s Northern Division of murder and malicious damage to property after stabbing his wife, ’Mathabang Makhamisa, in Botha-Bothe in 2018.
He was sentenced to 25 years’ imprisonment for murder and one year for malicious damage, with the sentences to run concurrently.
His lawyer, Advocate Taaso, told the Court of Appeal that his client only stabbed the deceased on the back, and that a post-mortem report revealed another chest wound, which was the actual cause of death but was not inflicted by Makhamisa.
The post-mortem indicated that excessive bleeding from stab wounds caused the death but did not specify which wound was fatal.
Advocate Taaso argued that the High Court erred by relying on what it termed “overwhelming evidence” instead of the medical report, insisting that without clear medical proof linking his client to the fatal wound, a murder conviction was not justified.
He asked the Court to set aside the conviction or alternatively reduce the sentence, which he said was too harsh. However, representing the prosecution, Advocate Thato Lepheana maintained that the sentence was appropriate given the gravity of the offence. She argued that the appellant failed to prove his defence, noting that once the prosecution had established a prima facie case, the burden of proof shifted to the accused.
She therefore urged the Court to dismiss the appeal. The matter was heard by the President of the Court of Appeal, Justice Kananelo Mosito, sitting with Justices Phillip Musonda and Realeboha Mathaba.
Judgment is expected on 7 November 2025.
