Death conviction of Molefe and Sampson quashed

ISAIAH MOREWAGAE
Staff Writer | Monday May 2, 2011 00:00

 

They have already served half of this jail term since incarceration. In 2007, Chief Justice Maruping Dibotelo convicted Michael Molefe, a South African national and Brandon Sampson of the murder of two Zimbabwean nationals in Mogoditshane more than 10 years ago.

The prosecution successfully argued that Molefe and Sampson believed Robert Ncube had killed Molefe's aunt in South Africa in the 1990s. The pair located Ncube and killed him as well as a visiting friend, Sam Hombarume.However, a bench of three CoA judges, comprising Justice Neil McNally, Dr Seth Twum and Craig Foxcroft on Friday ruled that death sentences imposed on Molefe and Sampson be set aside on the basis of extenuating circumstances in each of the cases.

The judges ordered that the duo be sentenced to 20 years imprisonment, backdated to December 25, 2000, the date from which they were incarcerated. 'The appeal of Molefe against his conviction for the murder of Ncube is dismissed and the conviction is confirmed. And his conviction for the murder of Hombarume is allowed and the conviction is confirmed', the judges ruled.

The judges further ordered that the appeal of Sampson against his conviction for murder of Ncube be allowed, and the conviction set aside. However, Sampson's conviction for the murder of Hombarume was confirmed. On the possession of unlawful possession of firearm, judges confirmed conviction of Molefe and set aside that imposed on Sampson. 'The conviction of Michael Molefe for the unlawful possession of ammunition is confirmed and the sentence thereof.

Family members of the two men welcomed the judgement. They praised God and said that their nightmares were finally over. Tshidi Banda said through God's strength they believed that somehow the court would spare the lives of Sampson and Molefe. Ikwaleng Sampson was also grateful that his brother's fate has finally been decided.

Ikwaleng said it has been a torrid time for the family but with God's grace, it is finally over. Ophaketse Maphakwane and Duma Boko represented Molefe and Sampson respectively while Susan Mangori and Thato Dibeela represented the state.