…claims he was forced to make it
Moorosi Tsiane
INCARCERATED?army Captain,?Litekano Nyakane,?has disowned a report he made to his superior, Major General Ramanka Mokaloba, regarding a 2012 shooting incident which claimed?the?lives of three civilians in Mafeteng, claiming he was forced to make it under military orders.
Nyakane, who is on trial for the murder of?the?three,?insists that the report was not made freely and voluntarily?as required by law.
His lawyer, Advocate Karabo Mohau KC, argued that the court should not admit the report as evidence because Nyakane was bound by military law and the chain of command to make it.
He said this during his Thursday submissions, in a trial within a trial aimed at determining whether Maj-Gen Mokaloba can testify about the contents of the report.
Maj-Gen Mokaloba had earlier informed the court that on the night of 7 April 2012, he received a phone call from Nyakane, who reported that soldiers under his command had been involved in a shootout with civilians in Mafeteng. At the time, Nyakane was the commander of special forces at the Mafeteng Military Base, holding the rank of Second Lieutenant.
Adv Mohau objected to the use of this report as evidence, stating that Nyakane’s statement was made under duress due to his military obligations. He cited Section 53(1) of the LDF Act, which makes it a crime to disobey orders, arguing that this provision negates the voluntariness of any statement made by Nyakane.
“It is irrelevant how the statement was induced. Whatever report allegedly made to Mokaloba would have been made in terms of the LDF Act Sec 53(1). A command had been given to Nyakane to make a report regarding events at the base in Mafeteng. So, that report was a statutory compulsion, and failure to do it is a criminal offence. The report is inadmissible as it was made in terms of the LDF Act it therefore should not be admitted,” submitted Adv Mohau KC.
His argument was supported by fellow defence lawyers Motjantji Kao, Zwelakhe Mda KC, and Napo Mafaesa.
However, Crown Counsel, Mosoeunyane Masiphole, counter-argued that Capt Nyakane was fully aware of what was happening during the incident and was not under compulsion when he made the report. He contended that the statement should be admitted in court.
“Nyakane knew exactly what was happening that night, and the statement he made to Mokaloba and should be used as evidence against him,” said Adv Masiphole.
Trial Judge, Polo Banyane, then reserved her ruling on the matter until 20 September 2024.
Nyakane, along with Lance Corporals Khauhelo Makoae and Sebilo Sebilo, and Privates Tšepo Tlakeli and Thebe Tšepe, are in this matter accused of murdering Thabang Mosole, Monyane Matsie, and Pakiso Ntala Letatane at Ha-Motanyane, Mafeteng, in 2012.
Besides this case, Nyakane faces a litany of other?treason and?murder charges in relation to?the killing?of former army commander Maaparankoe Mahao, murder of police Sub-Inspector Mokheseng Ramahloko and attempted murder of former Police Commissioner Khothatso Tšooana and former First Lady ‘Maesaiah Thabane.
Post Views: 402