Murder convict fails in appeal

Mpho Mokwape | Tuesday May 13, 2014 11:09

 

Ramaeba had appealed his conviction and sentence on the grounds that the High Court – when convicting him in 2012 – failed in finding that he acted in self-defence, as there was provocation from the deceased.

He said the court erred in finding that there were several wounds on the deceased’s head while the evidence showed there was only one wound.

Justice Elijah Legwaila delivering judgment of a bench of three judges that had Isaac Lesetedi and Monametsi Gaongalelwe, said that strictly speaking, the self-defence and provocation claimed by the appellant were not defences but justifications. He said the appeal had no merit as justifications were inadequate to warrant its success. Legwaila said that the defence of self-defence did not negate the malice but only explained or justified Ramaeba’s acts.

“In this case, a man is dead and that the death was caused by a blow with a dangerous weapon to his head and that blow was delivered by the appellant. Therefore malice in this context means no more than an intention to cause grievous bodily harm,” said Legwaila.

He explained that proof of malice in any case does not necessarily oust the defences of self-defence and provocation. However, there was no merit in Ramaeba’s contention of provocation by the deceased.

“Hitting the deceased with a branding iron after not only watching your relatives retaliate on your behalf but also after your uncle had restrained you, was not the stuff a reasonable relationship to provocation is made of,” he said.

The judge said even though Ramaeba argued that he was provoked – which Legwaila said he did not buy – the relatives’ intervention and the punishment meted to the deceased while the appellant was watching would have given the convict’s passion time to cool off. “Only a vengeful mind can explain why you came back with a lethal weapon directed at a man who, like I said before, was restrained and was not even struggling to release himself from your uncle’s hands,” said Legwaila.