The troubled Matjhabeng mayor, Thanduxolo Khalipha, appeared before the Free State High Court in Bloemfontein on Monday (19/10), where his legal representatives presented arguments challenging his convictions on one count of common assault and two counts of crimen injuria. The convictions were handed down by Odendaalsrus magistrate Shaun Malander, who sentenced Khalipha to a fine or imprisonment in 2024. Judgment has been reserved.

Khalipha’s legal representative Adv. Jeremy Merabe, argued the state had failed to prove the essential elements of assault conduct, unlawfulness and intention beyond reasonable doubt. He maintained the evidence did not establish the complainant feared the physical contact, which included touching or slapping, as an act of violence.

The Free State high court in Bloemfontein. Photo: Kekeletso Mosebetsi

The defence also questioned Malander’s conduct during the trial, alleging the magistrate intervened on behalf of the prosecution while Khalipha’s body guard, Frank Moreroa, was testifying.

According to Merabe, the magistrate allegedly told the prosecution to “wake up” during Moreroa’s testimony. The defence argued this created the impression that the magistrate was acting as both a referee and a player in the proceedings.

“What we want you to take into consideration is that Mr Malander (helped) to convict the applicant come 1 May. He even told the prosecution to say, hey wake up! But the prosecution is not objecting and it is not a hear say. He is wrong, he can’t object on behalf of the state. He was becoming a referee and a player at the same time. A judiciary officer must be impartial,” he said.

The legal team further argued Khalipha’s rights had been violated and  the conviction had damaged his public image and placed his political career at risk.

Merabe also questioned the magistrate’s alleged reliance on advice from friends and colleagues in Cape Town and Mpumalanga while preparing the judgment, arguing this raised concerns about the independence and integrity of the decision.

Khalipha’s representative maintained a judicial officer should not introduce personal views or political preferences into a judgment, alleging that Malander had done so in this case.

Merabe also challenged the prosecution’s evidence, pointing to what they described as contradictions and a failure to establish the charges beyond reasonable doubt.

According to the defence, Khalipha’s version was that he had attempted to get Moreroa’s attention and instruct him to stop driving at a high speed while people were still nearby. The legal team argued the physical contact was neither unlawful nor intended to constitute assault. The defence also challenged the crimen injuria convictions arising from words Khalipha allegedly directed at the complainants.

Merabe argued that the words “f*** off” were uttered in anger and amounted to idle abuse rather than conduct that unlawfully impaired the complainant’s dignity.

‘Khalipha’s legal team argued  the remarks were politically charged’

His legal representative argued the expression was a commonly used swear word and questioned whether the state had proved that the words humiliated the complainant or offended his dignity.

He also raise concerns about comments Malander allegedly made during sentencing, including references to former president Nelson Mandela and the ANC. Khalipha’s legal team argued the remarks were politically charged and irrelevant to the determination of a criminal case, creating a reasonable perception of bias and undermining his constitutional right to a fair trial.

The defence further challenged the magistrate’s decision to declare Khalipha unfit to possess a firearm, arguing that the statutory requirements had not been properly established through the evidence.

In a significant development, the state conceded in its heads of argument that it had failed to prove Khalipha’s guilt beyond reasonable doubt and submitted the appeal against his convictions should be upheld. The state also argued that, should the court decline to overturn the convictions, the appeal against the sentences should nevertheless succeed and lesser sentences be imposed.

Khalipha, who also serves as the ANC’s provincial organiser, was convicted in November 2024 following a February 2024 incident involving two municipal employees, Frank Moreroa and Sphamandla Msomi, who were employed as his bodyguards.

The convictions also placed him under pressure within the ANC, with the party considering disciplinary action over allegations that he had brought the organisation into disrepute. He was mentioned alongside former ministers Sisisi Tolashe and Bheki Cele in connection with disciplinary action.

OFM News/Kekeletso Mosebetsi sm

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