Judgement on the murder trial of six teenagers and two adults who assaulted Thoriso Themane in 2019 continued on Monday and Tuesday in the Polokwane High Court.

Themane was assaulted at Fauna Park suburb, Polokwane in Limpopo and later died in hospital. The minors allegedly accused Thoriso of taking a cap that belonged to one of the young offenders.

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The six teenagers and two adults appeared before Deputy Judge President Semenya in Polokwane High Court for brutally attacking Thoriso Themane in 2019. The two adults accused, Chuene Maleka and Alfred Mothapo took the stand and denied all the allegations against them and said they never assaulted the deceased although they were at the scene. The two adults accused testified that the deceased was assaulted by the young offenders while he was outside Mothapo’s homestead.

They told the court that they could not stop the fight as there were many children. However, one of their friends who was in the car with the baby was trying to call the police but police never arrived at the scene.

Previously, it was the evidence of the state witness and the child offender that the two adults also assaulted the deceased and one of them also hit the deceased with a car jack. 

 Adv Nyathi on behalf of the adults accused argued in court for the release of Maleka and Mothapo because the two joined the group of teenagers and never assaulted the deceased and later they left the scene while trying to call the police to rescue Themane.  The legal representative of the other two teenagers submitted a plea statement which stated that they slapped the deceased and kicked him out of their vehicle and they then left the scene while the group of minors continued to assault the deceased.


 After the arguments, the Deputy Director of Public Prosecutions, Advocate Mashudu Mudau submitted that there was evidence linking child offenders to the charge of murder as they were participating from stage one even inviting the other group to join them to assault the deceased. He further said child offender number 3 even called the other group to come and see how the “Big Five commits murder”.

The adults are out on bail and the minors were released under parental care. Themane’s brutal assault was recorded on a cell phone video that went viral on social media in 2019.

The case is postponed to tomorrow, Wednesday, 8 December 2021 for judgment.

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