By Teboho Moloi
QWAQWA – The Phuthaditjhaba Magistrate’s Court has withdrawn murder and conspiracy to commit murder charges against two of the five accused in the brutal killing of 20-year-old Celemuzi Hlatswayo.
The charges against Mahlape Mokoena and Lomile Hlolloane were formally withdrawn on Wednesday, 29 July, following a decision by the Director of Public Prosecutions (DPP). Both accused were released from custody.
The pair had been arrested alongside three other accused – Malefetsane Mokoena, Oupa Mofokeng and Kgalemang Masaballa – in connection with Hlatswayo’s disappearance and murder earlier this year.
Hlatswayo’s burnt and partially decomposed body was discovered in a donga on a farm along the Clarens route after he had been reported missing. He was allegedly last seen visiting his girlfriend in Matsikeng village.
The withdrawal of charges comes despite evidence previously presented during the bail application.
Investigating officer Detective Constable Mapitori Matale told the court that Hlatswayo had allegedly been lured to a house in Matsikeng by his girlfriend, Mahlape Mokoena, under the false pretence that she and her child had been evicted and needed assistance.
During the bail proceedings, Hlolloane’s legal representative maintained that his client would plead not guilty to the charges.
The State had alleged that her vehicle was used during the commission of the crime and further claimed that an alleged conversation took place between Hlolloane and her husband, accused Malefetsane Mokoena, in which she allegedly asked whether “the work had been done” on the day of the murder.
When all five accused appeared in court on Tuesday, 28 July, the matter involving the remaining three accused – Malefetsane Mokoena, Kgalemang Masaballa and Oupa Mofokeng – was postponed to 17 August.
The postponement will allow the DPP to decide in which court the matter will be heard.
The court noted that investigations into matters of this nature are generally expected to be completed within one to six months and described Hlatswayo’s killing as a senseless murder.
It remains unclear whether additional charges will be added to the Schedule 6 murder and conspiracy to commit murder charges currently faced by the remaining accused.
During an earlier court appearance, the deceased’s father, Samuel Hlatswayo (60), said repeated postponements had not diminished his faith in the justice system.
“I understand that there are processes to be followed as investigations continue and the matter is prepared for trial. As a family, the postponements do not make us lose trust in the court. We believe that, in the end, justice will prevail,” he said.
The Hlatswayo family was not present during the latest court appearance.
However, the deceased’s brother, Thulani Hlatswayo, previously said that no court outcome would ever heal the family’s pain, adding that nothing could replace his brother’s life.
