The judge said that though the offence carries a minimum sentence of 15 years imprisonment, the court has considered extenuating circumstances as submitted by both the state and defence counsels.
Principal prosecutor, Nomsa Moatswi and Lejowa's attorney, Charles Tlagae, had agreed that the accused was intoxicated and was provoked to act the way he did. Tlagae said the accused had told the court that he had smoked dagga on the day of the offence. When passing sentence, the judge took consideration of the convict's intoxication. "There was evidence that both accused and deceased were drunk. I had taken the issue of intoxication into account. Thirteen years imprisonment would be appropriate in this matter," pronounced the judge.
The sentence is backdated to May 19, 2004 the date the accused was first taken into custody.
Though the court considered that Lejowa was provoked, the judge stressed that he was not married to the deceased, Lebopo Ogopotse so he could not expect certain behaviours from her. Lejowa and Ogopotse who were lovers had gone drinking and then travelled to Tonota where they took more drinks. At Flamingo Bar in Tonota, Ogopotse introduced a man she said was her cousin to Lejowa who later got drunk and fell asleep. She left him there and went home with the cousin. When Lejowa woke, up he went to his girlfriend's house only to find her with the cousin. He knocked repeatedly before the cousin came out of the house. He entered and found beer and a knife on the table. When Lejowa asked who the owner of the knife was, Ogopotse answered that it belonged to her boyfriend. It was alleged that she started pelting Lejowa with stones and moved to the direction where the 'cousin' went.
"In his evidence, he said he was angered by the deceased's act of abandoning him at the bar, going home with the so called 'cousin'," said Chinhengo.
Earlier, the prosecutor Moatswi agreed with the defence that there was no evidence of pre-meditation in the matter. "Lack of premeditation should be considered," submitted Moatswi.
Lejowa pleaded not guilty to the offence. Tlagae pleaded with the court not to impose a lengthy custodial sentence saying his client had conceded that he loved his girlfriend. He said the accused was a young adult at the time of the crime so he should be given a second chance in life.
