Madiba murder charges withdrawn over missing co-accused

Hopolang Mokhopi

THE murder charges against Naledi Funeral Planners (Pty) Ltd founder and chairperson, Thabiso Madiba, have been withdrawn from the Maseru Magistrate’s Court because other suspects linked to the killings remain at large.

The matter was withdrawn on Monday after Senior Crown Counsel, Advocate Keketso Motiki, informed the court that the State was unable to proceed against Mr Madiba while the other suspects allegedly involved in the murders were still at large.

Mr Madiba had been charged with two counts of murder over the deaths of fellow Naledi shareholder Ikhetheleng Matabane and the company’s finance manager, ‘Maserema ‘Makong.

The two were shot dead on 10 February 2023 while at The Deck restaurant in Maseru. The prosecution alleges that the killings were carried out by assailants acting in concert and in furtherance of a common purpose.

Mr Madiba initially appeared before the Maseru Magistrate’s Court alongside Mokomane “Qoqotho” Salemone, who was also charged in connection with the murders. Qoqotho was subsequently shot dead in Lithabaneng in March 2024 in unclear circumstances. No one has been arrested in connection with that murder too.

Other suspects linked to the case, whose identities have not been disclosed, have not been charged and are said to be on the run.

The matter was before Magistrate Itumeleng Letsika on Monday, with Advocate Motiki appearing for the Crown and Attorney Thato Chabana representing Mr Madiba.

Advocate Motiki told the court that the other accused persons were still at large. He further informed the court that the defence had approached the Director of Public Prosecutions (DPP) seeking the withdrawal of the matter from the roll until circumstances changed.

Attorney Chabana confirmed that the defence had received notice of the intended withdrawal from the DPP’s office and did not oppose it.

In a notice dated 31 August 2026, Acting Director of Public Prosecutions, Advocate Lehlanako Mofilikoane, invoked Section 278(3) of the Criminal Procedure and Evidence Act of 1981 to withdraw the murder charge against Mr Madiba.

The provision empowers the DPP to withdraw a charge at any time before an accused person has pleaded.

“Kindly take notice that the Director of Public Prosecutions intends to withdraw the charge of murder (contravention of Sec. 40(1) of the Criminal Procedure & Evidence Act, 1981) that the accused herein is facing,” the notice read.

Mr Madiba’s charges were therefore withdrawn, with the State leaving open the possibility of reinstating the matter should circumstances change, including the apprehension of the outstanding suspects.

The charge sheet alleged that on or about 10 February 2023, at or near The Deck in Maseru, the accused persons, acting in concert and in furtherance of a common purpose, unlawfully and intentionally shot and killed Matabane.

The second count similarly alleged that the accused persons unlawfully and intentionally, acting in concert and in furtherance of a common purpose, shot and killed ‘Makong.

Mr Madiba was charged by the Maseru Magistrate’s Court on 1 March 2023 and was subsequently granted bail of M2000 by the High Court on 13 March 2023 by Justice Maliepollo Makhetha.

His bail conditions included attending monthly remands at the Leribe Magistrate’s Court, reporting to Hlotse Police Station on the dates of his remands, and refraining from interfering with Crown witnesses and police investigations.

Qoqotho handed himself over to the police on 25 May 2023 after being listed as a wanted suspect in connection with the murders of Matabane and ‘Makong. He was also granted bail of M2000 by Justice Fumane Khabo.

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