Five in dock over brutal farm murder, lawyer absent

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Magistrate Court Phuthaditjhaba.

By Teboho Moloi

QWAQWA – Five men accused of a gruesome farm murder briefly appeared in the Phuthaditjhaba Magistrate’s Court on Monday, where proceedings were postponed to May 8, 2026, after their private lawyer failed to attend.

Malefetsane Mokoena, Oupa Mofokeng, Mahlape Mokoena, Kgalemang Masaballa and a fifth accused, Lomile, face Schedule 6 charges of murder and conspiracy to commit murder under common purpose.

The accused were represented by Legal Aid South Africa after their privately appointed lawyer was absent, reportedly due to another court commitment.

The State told the court that investigations are nearing completion, with crucial phone records linking accused one and five on the day of the murder already secured. Only a few outstanding witness statements remain.

The five are accused of killing Celemuzi Hlatswayo (20), whose burnt, half-decomposed body was discovered in a donga along the Clarens route days after he was reported missing.

It is alleged Hlatswayo was lured to a house in Matsikeng by his girlfriend — also among the accused — under false claims that she and her child had been evicted and needed help.

During earlier bail proceedings, investigating officer Detective Constable Mapitori Matale strongly opposed their release, citing the seriousness of the crime, risks to witnesses, community safety and the likelihood of the accused absconding.

Matale told the court the case is bolstered by a confession from accused one, admission statements from accused two, three and four, and a warning statement from accused five — all linking them to the killing.

She further argued that the accused had ample opportunity to report the crime after allegedly separating from the suspected mastermind, but instead failed to act and even intimidated co-accused.

The court has already described the killing as a “senseless murder.”

The defence, however, maintains that the State’s case relies on assumptions rather than concrete evidence.

Family members of the deceased expressed anguish and frustration.

Hlatswayo’s brother, Thulani, said no court outcome would heal the family.

“They are still alive, being taken care of in prison. But my brother is gone. I found him. I saw him burnt,” he said.

The victim’s aunt, Lillian Hlatswayo, called for a speedy trial, saying the family needs closure.

The court noted that investigations in cases of this nature are typically expected to be finalised within one to six months.

Magistrate also warned that the defence’s private lawyer must be available on the next court date to avoid further delays.

The accused remain in custody.

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