Update

GEORGE NEWS -The application for leave of appeal by the three accused convicted of the murder of Hlompho Mohapi (25) in 2018 was dismissed in the Thembalethu Circuit High Court on Friday 18 March.

Self-proclaimed pastor Melisizwe Monqo (33), his wife Siphosihle Pamba (26), and their co-accused Phumlani Quesheka (31) were sentenced in the Circuit High Court in George in November last year. 

Monqo and Quesheka were handed down life sentences and Pamba was handed down 20 years direct imprisonment for their respective roles in the murder. 

Mohapi's body was found by a passing fisherman next to the gravel road leading to Voëlklip on 5 July 2018. She had seven stab wounds to her chest and her throat had been slit. 

Fraudulent life and funeral policies to the value of R3-million had been taken out on her life.

'Shock'

On behalf of Monqo, senior advocate Johan Visser said that their grounds of appeal on some of the sentences, mainly related to ten convictions of fraud, induced a sense of shock.
In his heads of argument, Visser also stated that the sentence of 10 years imprisonment for a charge of assault with the intent to cause grievous bodily harm, was shockingly inappropriate.

The leave of appeal also contained the convictions on charges of kidnapping, robbery with aggravating circumstances and Mohapi's murder.

"The honourable court erred in not accepting the appellant's evidence relating to these charges," Visser said on behalf of his client.

During her appeal on behalf of Pamba, Louise Luterek said the court did not take evidence into consideration that Pamba was not on the scene of Mohapi's murder and no cellphone evidence placed her near the scene.

"The Honourable Court erred in not having sufficient regard to the appellant's (Pamba's) personal circumstances, such as her age, the fact that she has a little child, that she was under the influence of and manipulated by her husband. 

The Honourable Court did not take into consideration that she was a battered woman and scared of her husband. She is also a first offender and showed remorse for her actions. The sentence of 20 years imprisonment is harshly inappropriate," she said.

Double 'shock'

On behalf of Quesheka, Luterek said the court did not take the evidence of Mohapi's brother, William Koloi, into consideration, who said that he did not identify Quesheka in the vehicle that transported Mohapi on the day of the murder. 

Cellphone evidence also did not place the appellant near or on the crime scene and there was no evidence that Quesheka would benefit from the murder, Luterek said.

"The Honourable Court erred in not having sufficient regard to the appellant's personal circumstances such as his age, upbringing and that he is a first offender. The aggravating circumstances were over-emphasised and the mitigating circumstances under-emphasised. 

The sentence of life imprisonment induces a sense of shock," Luterek said.

Luterek's application for leave of appeal for both her clients was based thereon that another court would come to a different conviction and sentence.

The state, represented by Advocate Evadné Kortjé, opposed the application for leave of appeal, saying that the trio acted in common purpose and that there is no reasonable prospect of another court coming to a different finding.

Judge Taswell Papier agreed with the state and said that there are no compelling reasons to grant the application for leave of appeal and said that nothing new was raised during the application that was not substantially dealt with in the judgement.

The applications for leave of appeal on the convictions and sentences of all three appellants were dismissed.

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