Legal Technicality Frees Six Men Convicted Of Killing CPF Patroller In North West

Six men serving 15-year prison sentences for the murder of a Community Policing Forum (CPF) patroller in Jouberton, Klerksdorp, have been released after the North West High Court in Mahikeng overturned their convictions.

Simon Bohope, Kholekile Mafilika, Charles Nkosi, Mzikaise Mfishane, Thyekile Zitha, and William Mogorosi were among seven suspects originally accused of killing CPF member Mohele Motimi in February 2017. Motimi was brutally stabbed to death during a gang-related attack, according to the initial trial.

The Stilfontein Regional Court had sentenced the men to 15 years in prison in March 2022. Only six, however, appealed the decision.

Brutal Killing of CPF Patroller in Jouberton

During the 2017 attack, Motimi and fellow CPF members were patrolling Extensions 19 and 20 of Jouberton when they were allegedly ambushed by gang members. Witnesses testified that the group threw stones, chased patrollers with pangas and knives, and cornered Motimi.

According to the regional court’s findings, Bohope caught up with Motimi first, sparking a fight before others joined in. Motimi collapsed after multiple stab wounds. Even after the group dispersed, Mafilika allegedly returned, striking Motimi on the head with a baton and stabbing him again.

A post-mortem later revealed multiple chop wounds to his scalp, neck, and chest.

The state alleged that the gang targeted Motimi because CPF patrols disrupted their criminal activities in the area.

Appeal Succeeds on Legal Technicality

The appeal, heard on 18 June 2024, was not opposed by the state. Defence lawyers argued that the trial court failed to properly apply section 93ter(1) of the Magistrate’s Courts Act, which requires two assessors to sit with the magistrate in murder trials—unless the accused explicitly waive this right.

Court records showed the magistrate declared “no assessors are needed” in September 2018 but did not confirm whether the accused understood or consented. Notably, Bohope, the first accused, was absent during that court session.

Acting Judge Nicolaas Laubscher ruled that this oversight rendered the trial irregular:

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“This fact clearly indicates that no explanation of the contents of the provision was proffered to, or inputs were solicited or received from the accused persons before the court,” he said.

The court set aside the convictions and ordered the immediate release of the six appellants unless held for other charges.

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