Forty-two-year-old Mooketsi Mathokgo, a death row inmate, has had his appeal thrown out by the Court of Appeal this Monday for not being rightfully before the court.
Mathokgo who has four death penalties hanging over, was told by Judge Isaac Lesetedi that his appeal was filed out of time and did not seek leave with the Court to do so.
“Having filed your appeal out of time and without leave, the appeal is struck off, because it is not rightfully before this court”, ruled Justice Lesetedi.
“You were supposed to file your appeal within the stipulated six weeks after the decision of the High Court but you did not do so. Further, you did not seek leave to file out of time”, continued Justice Lesetedi, who was presiding the appeal alongside with Judge Singh Walia and Judge Lot Moroka.
Mathokgo’s only option now is to retrace his steps and seek permission from court by demonstrating that there were exceptionally circumstances for delaying to file his appeal to the apex court.
The former farm worker was convicted and sentenced to death in 2021 by Judge Bengbame Sechele for the gruesome murder of four children at Dikgokong cattle post in the outskirts of Selebi Phikwe.
Justice Sechele found Mathokgo to have premediated the murder, and was on the rampage to harm and kill his ex-lover together with whoever was inside the hut.
Mathokgo is said to have doused a hut with diesel, tied the door of the hut before setting it on fire, while his ex- girlfriend, Segametsi Philemon aged 46 was asleep with four nephews and nieces being Boemo Otukile, Kgakololo Ramontsho, Kgotso Ramontsho and Tshepang Dikgang.
Some the children died in the inferno, while others succumbed to injuries and organ failure, while Philemon escaped with third degree burns, life changing scars to remind her of the horrific, spine-chilling incident.
