Aluta Pasiya who chopped Nosicelo Mtebeni into pieces and stashed her parts in a suitcase did not waste the court’s time but pleaded guilty to the case of murder and was sentenced to 25 years. Pasiya ‘s case was complete in two months time.  Meanwhile Boitumelo Khitledi who stabbed his girl friend, Mpharwane Mankumane a number of times to death and stabbed Makumane’s friend, Lebo, five times is now seventeen months behind bars using his rights to fight the court from finding any reason to find him guilty of these charges.

In January this year the stakes became high when Khitleli came face to face with prosecutor and the magistrate at a regional court in Maluti. He was asked to give exceptional reasons that could make the court grant him bail. He told the court that he wanted to be granted bail so that he can be able to find work to support his two children and pay his legal representatives. The other argument that he put forward through his lawyer Lindzay Nappier was that he can go out of jail now because community members who used to come to court, demanding that he must not be given bail are no longer coming meaning the anger has subsided.

Asked where is he going to stay if the court grant him bail? Khitleli named four places, that could accommodate him if he is released from jail. Those places include Kwa Khaoue,  Klergsdorp Underberg and Swartberg.  In a cross examination investigator Sgt Nkosinathi Bene  told the court that there is no guarantee that Khitleli could be found in one of these places once he is released on bail. He said in his investigations he found an old woman at Khauoe who told him that Khitleli would come once in a while so she cannot say he stays there. “When I tried to find out about Klerksdorp, Khitleli prevented me from calling the place, saying that his work contract has expired there”, Bene told the court. In as far as  Swartburg and Underberg is concerned Sgt Bene said he found Khitleli’s relatives  but they did not guarantee that they could keep him until he finishes the case.

There was a time when the magistrate wanted to know from Khitleli if where was he arrested and  what was he doing during his arrest. Khitleli responded that he was at KwaKhaue walking, something that was denied by Sgt Bene. Bene said,  Khitleli was running away from the scene with the deceased car, he collided with three car at Khoapas, he came out of the car and ran away, police chased him and caught him. Khitleli also said that he does not know the witnesses in the case but the investigator told the court that he is telling a lie. “He knows that the person who he stabbed was a friend of the deceased and he knows he is the witness.

Magistrate Malindi refused to grant bail to Khitleli saying that he has failed to give exceptional reasons that could lead to the court giving him bail. He also said that he has got many contradictions in his plea for bail. That did not stop Khitleli from raising his hand asking the court to give him a chance to approach the High Court to challenge the regional court’s decision of not granting him bail.

Although he was allowed to approach the High Court to challenge the regional court’s decision, that attempt failed due to financial constraints on his side. There was no other option therefore other than for the case to be taken for a trial.  The court has finally set the trial date to the 5th of May 2022.

The case will go for trial  after the murder accused has used his rights tossing around the court for  17 months.  Khitleli began by abandoning the bail during his first appearance in court in October 2020. When the court was about to continue with trial he wanted to plead guilty to all the charges and wanted a plea bargaining. He was then represented by Mr Nondabula who began preparations to deal with plea bargaining. Nondabula decided to withdraw from the case stating that he has not been paid. Khitleli then wanted the court to grant him bail. The court was then obliged to give Khitleli a right to solicit legal representation. The only option was for Khitleli to get a legal aid representation to assist him in applying for bail. He was then represented by Lindzay Nappier from the legal aid.  The bail was denied and he then decided to go to high court of which that attempt also failed.. Many people are asking why is Khitleli not taking Pasile ‘s route, plead guilty and be sentenced instead of using his rights tossing the court left and right.

According to the NPA, the state is ready to continue with the trial on the 5th of May and they hope that Khitleli will not create another drama to derail the trial.


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