Mother slain during rape bid: accused guilty

386 31/08/2011 Wandile Makgato son of Mapula Makgato walks out of high court after hearing that the man (Skumbuzo Mosolapane) who murdered his mother was found guilty of attempted rape and murder. Picture: Motshwari Mofokeng

386 31/08/2011 Wandile Makgato son of Mapula Makgato walks out of high court after hearing that the man (Skumbuzo Mosolapane) who murdered his mother was found guilty of attempted rape and murder. Picture: Motshwari Mofokeng

Published Sep 1, 2011

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VUYO MKIZE

WHEN he saw the man who had murdered his mother standing over her limp body on the floor of their home he became outraged.

In the early hours of January 1 this year, a scrawny and short Wandile Makgato shouted: “What are you doing to my mother?”

He grabbed Skumbuzo Mosolopane – the man on top of her – dragged him to the dining room and hit him over the head with an ashtray.

But the larger Mosolopane overpowered the younger man and began throttling him on the ground outside the house in Klipspruit.

The death of Makgato’s mother, Mapula Makgato, was recorded by a post-mortem as consistent with “pressure to the neck in a lady with underlying ischaemic heart disease”.

Mosolopane faced charges of murder, attempted murder and assault to do grievous bodily harm – all of which he pleaded not guilty to, and all of which he was found guilty of in the Johannesburg High Court yesterday.

Makgato testified that in the early hours of New Year’s morning he was involved in an altercation with Anna Lephole – Mosolopane’s girlfriend at the time. In the process of that argument, he admitted he slapped Lephole in the face.

Lephole and Mosolopane then visited Makgato and his mother.

Lephole testified that after they left her house, Mosolopane dropped her off at a friend’s home.

After his mother had calmed him down, Makgato went to a nearby shebeen. Mosolopane met him at the shebeen and confronted him about the attack.

After exchanging words, Makgato went back home and found his mother sleeping. She was wearing knickerbockers and a gown.

He left again, and when he returned 30 minutes later, he found Mosolopane on top of her. Her panties were partially down.

“Wandile says he was enraged and dragged the accused to the dining room and struck him over the head with an ashtray,” said Judge George Maluleke.

They fought, but Mosolopane overpowered Makgato and throttled him on the ground.

Two neighbours, who acted as State witnesses, pulled the two apart, after which Mosolopane fled.

“Very clearly, Wandile was acting in defence of his mother. It’s difficult to imagine any son acting differently in that situation.

“Wandile was an impressive witness and stood his ground in cross-examination. The other State witnesses were also credible and independent. The State has proved its case beyond reasonable doubt that there were elements of attempted rape.

“On the assault charge, Wandile’s evidence is largely corroborated by the accused,” Judge Maluleke said.

He concluded that Moso-lopane’s testimony was full of improbabilities – in particular that he had acted in self-defence against both Wandile and his mother.

Sentencing was postponed until tomorrow.

After leaving the courtroom, Makgato said: “She was a good mother. This has really hurt me – now I have lost a mother.”

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