Court rejects Moses' self-defence claim
staff writer | Wednesday April 1, 2026 06:00
Delivering judgment recently, Justice Tshekiso said Moses was charged with murder contrary to Section 202 of the Penal Code, following the death of Bashe at or near Coloured location in Tati Siding. Moses had pleaded not guilty, placing the burden on the state to prove its case beyond a reasonable doubt.
The court heard that the state initially listed 13 witnesses but ultimately called seven, whilst the defence made admissions in respect of four others. Moses also testified under oath and called one witness in support of his case.
Evidence before the court revealed that the deceased suffered extensive and severe injuries during a violent encounter with the accused. A postmortem report showed that Bashe had bruises covering 51% of her body, multiple abrasions, fractures, internal injuries, and other trauma consistent with a prolonged and brutal assault.
Moses admitted to assaulting the deceased with a wheel spanner but claimed he acted in self-defence after Bashe allegedly attacked him first. He told the court that the altercation began after he discovered messages, photographs and a video on the deceased’s phone suggesting she was involved with another man.
According to his testimony, the deceased became aggressive, assaulted him with a wheel spanner, and insulted him, prompting him to retaliate.
However, Justice Tshekiso rejected the self-defence claim, finding that any threat posed by the deceased ended when Moses disarmed her. The judge ruled that the subsequent assault was retaliatory and excessive.
“The moment the accused seized the wheel spanner, the danger posed to him was extinguished,” the judge said, adding that the continued assault could not be justified as self-defence.
The court further found that the nature and extent of the injuries pointed to a “devastating, prolonged and sustained attack,” contradicting Moses’ version of a brief struggle. The judge noted that no reasonable person could repeatedly strike another with a weapon such as a wheel spanner without foreseeing the likelihood of serious harm or death.
Whilst the defence argued that Moses had been provoked by the discovery of the deceased’s alleged infidelity and her subsequent conduct, the court held that the provocation was insufficient to reduce the offence to manslaughter.
Justice Tshekiso accepted that there had been some provocation but ruled that Moses had ample time to cool off. Instead, he drove away from a public road into a secluded area, where he continued the assault away from potential intervention.
“The assault was so grave that it far outweighed the provocation,” the judge said, concluding that Moses acted with malice aforethought.
The court also criticised Moses’ conduct after the assault, noting that he failed to seek urgent medical attention for the deceased. Instead, he transported her home, where he was seen carrying her lifeless body, and delayed involving the authorities. The judge observed that timely medical intervention might have saved her life.
Although provocation was not accepted as a defence, the court found it to be an extenuating circumstance. Proceedings have been adjourned to allow for submissions in mitigation and aggravation before sentencing, with the court indicating that a sentence other than death will be considered.
Moses now stands convicted of murder.