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R v Sekhulumi ( Probation Report ) (NA)

Media Neutral Citation: 
[2000] LSCA 100
Judgment Date: 
18 August, 2000

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PROBATION SERVICE


MINISTRY OF JUSTICE, HUMAN RIGHTS AND REHABILITATION


COMMUNITY SERVICE SUITABILITY REPORT


COMMUNITY SERVICE SUITABILITY REPORT


NAME: Leboea Sekhulumi

AGE: 22

OFFENCE: Culpable Homicide

OCCUPATION: Brickmaker

VILLAGE: Kubake - Mohale's Hoek

HEADMAN: 'Masello Maphokoane

COURT: High Court

CR NO.:


INTRODUCTION


The Probation Officer submits this report which was compiled based on interviews conducted at Kubake in Mohale's Hoek. The client Leboea, his mother 'Masello, neighbours 'Manno Komane, 'Matumelo Likhoeli and Thetso Malekelle were interviewed. Also interviewed were the Headman 'Matau Mphokoane and her two assistants Thabo Mafaesa and 'Matsiu Thamae.


FAMILY AND PERSONAL DETAILS

Leboea's family is comprised of his mother, his sister Khothatso aged 15, brothers Shadrack and Sakula who are aged 11 and 8 respectively. Khothatso dropped out to school when doing standard 5 because of financial problems. Shadrack is in standard 4 and Sankula is in standard 3. Their brother Leboea is the one who is the


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sole bread winner and provider of all the family needs.


Their father passed away and their mother has no stable source of income as she engages in doing menial jobs.


Leboea is employed in brick making business owned by a certain Mr. Mohapi Mohapi at Ha Potsane. Leboea nearly lost his job because he attended a case in Maseru, his employer thought he had deserted. Leboea is the family's breadwinner and this job is the only source of his income.


Leboea has however decided to stop drinking as a result of the offence he committed.


COMMUNITY'S VIEW


The community regards Leboea as a responsible citizen despite the offence he has committed. According to them this was the first time for him to be involved in this type of behaviour. In their opinion Leboea should be given a chance to serve his sentence within the community as his being in the community poses no threat to the peace and stability in their area.


This sort of behaviour was also observed by the Probation Officer during an interview that he had with him.


CONCLUSION


Leboea fulfills almost all of the essential criteria as specified in Section 14(1) of the C.S. rules and therefore he truly deserves to be given a chance to serve his sentence by way of Community Service.


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Leboea too welcomed the idea of Community Service Order and has pledged his commitment to serving the sentence to the best of his ability.


THABANE. H.

Date: August 18, 2000

PROBATION OFFICER


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