- Mmelesi was found guilty of culpable homicide by the Kimberley Regional Court.
- The crash happened between Warrenton and Kimberley on 3 April 2023.
- Justice Mokgoro’s family told the court that medical bills after the crash came to about R3 million.
The partner of retired Constitutional Court Justice Yvonne Mokgoro has been given a wholly suspended five-year prison sentence after being found guilty of culpable homicide in connection with her death.
David Gaolatlhwe Mmelesi, who is 68, was convicted by the Kimberley Regional Court. The court suspended the five-year sentence for five years on the condition that he is not found guilty of the same offence during that period.
The conviction is linked to a crash on 3 April 2023, between Warrenton and Kimberley. Mmelesi was driving with Justice Mokgoro, then 74, as his passenger. She was seriously injured and died in May 2024.
State presents evidence of negligent driving
Senior state prosecutor Tebogo Benjamin Namisa led the prosecution. During the trial, the State called the truck driver involved in the crash to testify. The truck driver told the court that Mmelesi’s vehicle was parked on the side of the road with no hazard lights on.
He also said Mmelesi failed to indicate before making a U-turn, which led to the crash. The State argued that Mmelesi’s negligent driving caused the crash and ultimately led to Justice Mokgoro’s death.
Family details impact of Justice Mokgoro’s death
During sentencing, the State presented a victim impact statement prepared with help from court preparation officer manager Matshidiso Maubane. Mokgoro’s eldest son, Ithateng Mokgoro, read the statement out in court.
The family described Justice Mokgoro as vibrant, compassionate, and welcoming, someone who connected with people from all walks of life. Although she had retired from the Constitutional Court, she was still deeply involved in social issues when she died.
The statement explained the emotional, medical, and financial difficulties the family went through after the crash. Medical bills came to about R3 million, and legal costs were more than R600 000. The family also told the court that Mmelesi had not shown real remorse for his actions and called for him to be sent directly to prison.
Court imposes wholly suspended sentence
When deciding on the sentence, the court considered Mmelesi’s personal circumstances, including that he was a first-time offender and had an adult child who relied on him for financial support.
The court also recognised how serious his negligence was in causing Justice Mokgoro’s death. It gave Mmelesi five years in prison, suspended for five years, as long as he is not convicted of the same offence during that time.
The National Prosecuting Authority said Mokgoro’s family received ongoing emotional and psychological support from the court preparation officer throughout the trial.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
