More soup in the pan for Mhlauli

OARABILE MOSIKARE
Correspondent | Thursday April 30, 2009 00:00

The state is appealing on a point of law after the Mahalapye Magistrate's Court acquitted Mhlauli on September 12, 2005 on a charge of threat to kill.

Mhlauli was charged on 14 August 2004 for threat to kill in Mahalapye and it is alleged that without lawful excuse he threatened to kill Isabella Lefhoko and Mokganedi Nkopo by uttering the words 'mpulelang, e seng jalo ke a le bolaya - open up or else I am going to kill you'. It is also alleged that Mhauli further uttered a threat to Nkopo by uttering the words 'didimala o ma--te, ke a lo bolaya ga ke reetse sepe' or words to that effect: 'Keep quiet, your testicles. I am going to kill you both'.

Mhlauli was acquitted because the state was not ready to proceed with the trial.
This was because the substantive prosecutor was not present attending Circuit Court but the magistrate refused postponement. Then the state applied for withdrawal with the liberty to re-charge.

The magistrate ruled in favour of the defence and acquitted the accused person saying the evidence has not been led. But on May 8, the state will argue that following the proper procedure under Section 150 (4) of Criminal Procedure and Evidence Act (CPEA), the magistrate could only have discharged but not acquitted the accused person.