Provocation could determine death row inmate’s fate

Appearing before the Court of Appeal (CoA) on Tuesday, Maxala said his alleged assault at the hands of the deceased should be sufficient to establish reasonable provocation.

When Justice Matlhogonolo Phuthego found Maxala guilty of murder in 2021, before the eventual death sentence, he (Justice Phuthego) said it was his finding that provocation was not available to Maxala as self-defence because according to the evidence, he used a firearm to kill the deceased. “I find this not to be proportionate to the assault and insults he received from the deceased,” Phuthego said then.