Outgoing Regional Magistrate, Barnabas Nyamadzabo, found that the state had proven its case beyond reasonable doubt. However, he set the Bakgatla royals free on the single count of trespassing.In convicting the suspended Customary Court of Appeal president, Mothibe Linchwe, Kgosi Kgafela's brothers Mmusi Kgafela and Bakgatla Kgafela, Tlokweng ward headman Chilisi Matlapeng, chief's representative Segale Linchwe, deputy chief Bana Sekai and Seikanelo Sebola, Nyamadzabo said it was clear that the convicts did not agree with the peaceful resolution of dealing with the tower as proposed by royal uncle Ray Molomo.
The court heard that the BPC meter box and the Mascom tower at the royal hill known as Phuthadikobo were destroyed after suspicions that the tower was hazardous. Nyamadzabo said the Kgatleng Land Board and other relevant authorities sought expert advice and the expert opinion was to the effect that the tower did not pose any health threat.He pointed out that despite the advice, some convicts went ahead and destroyed the tower.
