Legal representative for Qamo Matela who is charged with the murder of his wife Mahlompho Matela, born Rethabile Mofolo, says the accused will not give evidence in his own defence.

Advocate Lepeli Molapo told the court on Monday, as the defence is expected to present its case as the prosecution has already closed its own.  He stated that the defence has already subpoenaed two witnesses who are doctors from Bloemfontein in South Africa adding that they have acknowledged receipt of the subpoenas.

He however stated that due to their schedules, Dr Mosese from Pelonomi Hospital has indicated that he will be available on Thursday while Dr. Moopela from Universitas Hospital said he will be available after March 07 2024.

Adv. Molapo thus requested that the case be postponed to Thursday with a hope that Dr. Moses will be able to testify.

The postponement was granted by the court which added that it will also be provisional on the availability of prosecution lawyer in this matter Adv. Peleha Joala who has a scheduled doctor's appointment on Thursday.

The prosecution has led six state witnesses, including police officers, a pathologist, a nurse together with the deceased's sister and the accused's friend. 

The court has in this matter held a trial within trial in which it was trying to establish the admissibility of an admission made by the accused at the Mabote Police Station in relation to the death of his wife. The trial within trial came after the defence argued that the admission was not made freely and voluntarily because the accused was under duress when he made it.       

After hearing evidence, the court ruled that the admission obtained from the accused by the police was free and voluntary. It stated that the crown witnesses in the trial within trial corroborated each other adding that there is therefore no reason to question their credibility. It indicated that the accused's evidence was filled with contradictions and inconsistencies therefore his story was false and his statement before the police admissible.     

The accused is charged with contravention of section 40 (1) of Penal Code Act No.6 of 2010, read with section 40 (2) thereof by causing the death of the deceased on September 11, 2021.          

The case attracted public interest and activism against gender-based violence since the news on the deceased's death broke. The families of Matela and Mofolo even engaged in a legal battle over the burial of the deceased. The Mofolo family filed an application claiming a right to bury their daughter.          

They argued that the deceased's husband did not have the right to bury her because he is responsible for her death while the deceased's husband argued that the applicants did not have a right of burial over his late wife as they were still legally married when she died.          

The families ended up reaching an agreement on the burial of the deceased while the case was before the Court of Appeal. The agreement was made after the Matela family appealed against a decision of the High Court which declared Qamo unworthy to bury the corpse of his late wife.