By Emily Setona
QWAQWA – The family of Mojalefa Mofokeng says it feels abandoned by the criminal justice system after the murder case against his partner was provisionally withdrawn by the Phuthaditjhaba Regional Magistrate’s Court, nearly two years after his death.
Court documents seen by The Guard show that Puleng Josephine Seli was formally charged with the murder of Mojalefa Mofokeng. The charge sheet alleges that on 1 October 2024, at Mangaung Village in QwaQwa, she unlawfully and intentionally killed him.
Despite the matter reaching the Regional Court, the case was recently provisionally withdrawn at the request of the State, leaving the Mofokeng family devastated and searching for answers.
Speaking to The Guard, Mojalefa’s brother, Sabata Mofokeng, said the family has endured months of postponements while hoping the matter would eventually proceed to trial.
“We have attended court proceedings and waited for justice. Now the case has been withdrawn before the truth could be fully ventilated in court,” he said.
According to the family, Mojalefa was allegedly killed in the presence of the couple’s two young sons, who were aged two and seven at the time. The family says the accused has been out on bail since October 2024 while the matter was repeatedly postponed.
The deceased and his family were well known in the neighbourhood. According to relatives, Mojalefa, his partner and their children lived in a back room situated opposite his parents’ home in Mangaung Village.
The family says it has struggled to come to terms with the circumstances surrounding Mojalefa’s death. They allege that injuries sustained by the deceased and observations made at the scene raised questions that they believe should be fully examined through a trial process.
Family members further claim that they received differing accounts regarding what happened on the night Mojalefa died.
According to the family, one version suggested that he had left the house around midnight and returned injured approximately an hour later. They question why emergency assistance was allegedly only sought several hours afterwards.
The withdrawal of the matter has intensified the family’s fears that crucial questions may remain unanswered.
“The family has not found closure because the matter has not been formally heard in court to establish the truth and the motive behind Mojalefa’s death,” said Mofokeng.
The family also questioned why the matter was withdrawn after several postponements and sought clarity on reports that police officials failed to attend court proceedings.
Responding to questions from The Guard, National Prosecuting Authority (NPA) Regional Spokesperson and Communications Manager for the Free State and Northern Cape, Mojalefa Senokoatsane, confirmed that the withdrawal was provisional and not final.
“Please note that this matter was provisionally withdrawn due to the absence of a crucial witness on the day of trial. However, an AJ175 will be issued. Meaning the matter is not closed,” he said.
Senokoatsane explained that postponements are a normal part of criminal proceedings and may occur for various reasons, including arrest procedures, first appearances, bail-related processes and other legal requirements.
Addressing concerns regarding witnesses, Senokoatsane said the State’s case does not rely on only a small number of individuals.
“The State’s case does not rely on only a few witnesses. There are numerous witnesses and various forms of evidence that the State may utilise in building and presenting its case against the accused,” he said.
Regarding allegations that family members were prevented from entering the courtroom, Senokoatsane said the NPA does not control court facilities or public access arrangements.
“However, court proceedings are generally open to the public, and the family of the victim will be entitled to attend proceedings when the matter resumes in court, subject to the court’s directives and available seating,” he said.
He further indicated that once the State has completed its processes and is ready to proceed, the matter will be re-enrolled and the family informed through the appropriate channels.
“The NPA remains committed to ensuring that the matter is properly prosecuted and that justice is served in accordance with the law,” Senokoatsane added.
Meanwhile, the Mofokeng family has appointed an attorney to engage senior officials within the prosecution service and the Independent Police Investigative Directorate (IPID) in an effort to ensure the matter is re-enrolled.
For the family, the provisional withdrawal has reopened wounds that have never healed. While the legal process continues behind the scenes, relatives say they remain committed to seeking answers and ensuring that Mojalefa Mofokeng’s death is ultimately heard before a court of law.
