Defence challenges 'confession statements' in murder case
Larona Makhaiza | Thursday January 15, 2026 10:17
The accused are Tumelo Mogotsi and Thabo Ntwayakgosi.
Appearing before the High Court (Broadhurst Branch) today for trial, the State called a witness, Tshepo Kgotso, to strengthen its case against the accused.
In his testimony, Kgotso, who serves as District Officer Admin at Kasane, revealed that the two had made confessions to the murder charge against themselves individually.
“I recorded a confession from the two accused persons, and this was a confession of them stabbing Magang with a knife,” Kgotso revealed before the court.
Asked by the State Prosecutor, Mogotsi Ndlovu, about the manner in which the confessions were made, the witness revealed that it was through verbal communication, but jotted it down.
“They made verbal confessions, and I wrote down what they said in Setswana, and as I did that, I explained to them who I am, my duty and highlighted that their confession might be used against them in the court of law,” he said.
As the witness emphasised that the two accused made the confession statements voluntarily, he highlighted that the accused were not at any moment intimidated by the men in blue and were duly advised.
“I told them they were not forced to confess, but they said they wanted to confess. And I made sure it was only the suspect and I at the time in the room as the police were outside. The accused also went into the room,” Kgotso said.
Following Kgotso’s testimony, Ndlovu applied that the confession statements be admitted as part of evidence, but the two defence attorneys (Leitshamo Phil for Mogotsi and Claudina Rendo for Ntwayakgosi) were quick to object to the thought.
Phil raised that first and foremost, the confession statements were written in Setswana, which cannot be accepted by the court as part of evidence.
“We object to the admission of these statements as part of the evidence as it is in Setswana and as the court stipulates that it should always be in English, and that contravenes the court,” Phil argued.
Phil was seconded by Rendo for the second accused, who advanced the same reasons.
The defence attorneys further argued that the statements were never made voluntarily, and they can prove it.
“We are putting it on record that these statements were not made voluntarily, and we can showcase that to this court,” the defence said.
In its own defence, the State said there is absolutely nothing wrong with the confession statements and what the defence is doing is just introducing another trial within a trial.
“These statements were done above board as far as we are concerned, and it was voluntary, but we are amenable to any ruling the court will make,” Ndlovu said.
After listening to the two sides, Judge Oteng Motlhale adjourned the matter to a later date so that both the defence and state could advance their reasons why the statements should be admissible or not.
The case will continue on March 30, 31 and June 24, 25.