Swift justice demanded in footballer's culpable homicide case

IOL News

18-07-2025

Mogaila in court Sekhukhune United player Shaune Mogaila was involved in a fatal crash in October last year in Tembisa, killing a nine-year-old girl and injuring another teenage boy.
Image: Simon Majadibodu / IOL
AfriForum is demanding swift action from the SA Police Service (SAPS) in the culpable homicide case against Sekhukhune United player Shaune Mogaila, who the lobby group complains has been allowed to continue with his life.
Mogaila was involved in a car accident that left nine-year-old Gomolemo Mavimbela dead and a 14-year-old boy injured in October last year.
The winger fled the accident scene after crashing in his BMW sedan but later handed himself to the police, and in November, the Tembisa Magistrate's Court granted him R20,000 bail.
However, AfriForum's private prosecution unit, which represents Gomolemo's mother, Keo Mavimbela, and the 14-year-old's mother, Carol Khethiwa, has expressed concerns that the accused is allowed to continue with his football career while the criminal justice system fails those seeking justice and closure.
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Gomolemo's mother, Keo Mavimbela, Advocate Gerrie Nel, and the 14-year-old's mother, Carol Khethiwa.
Image: Supplied
In a letter written to the SAPS in Rabie Ridge near Tembisa on Wednesday, the unit's head Advocate Gerrie Nel said its clients have attempted to follow the progress in the matter by attending court, but the reasons tendered by the State for each postponement have been met with disbelief as the police still require until September 16 to complete the investigation.
'While the accused returned to the field in February 2025 to continue his career as a soccer player, the SAPS only obtained a statement from Khethiwa in June 2025, after the May 19 postponement,' Nel explained.
He demanded that the police ensure that the case is trial-ready on September 16 and that no further postponements are requested for further investigation.
In addition, Nel wants the SAPS and/or the prosecutor to provide meaningful feedback, including a timeline, failing which would suggest an apparent lack of urgency in completing the investigation.
AfriForum complained that Mogaila was granted bail despite available evidence indicating that he fled the scene and handed himself over to the SAPS at least eight hours after the collision.
'On February 4, 2025, three months after the incident, the matter was postponed because the post-mortem and J88 forms were not available.
'The SAPS requested an opportunity to analyse video footage and to obtain further witness statements,' reads the letter.
According to Nel, in May, the State requested another postponement because the post-mortem was still unavailable and to obtain the results of a blood alcohol sample obtained from Mogaila, which suggests that the specimen was received more than eight hours after the accident.
Last month, the matter was postponed to September 16 due to the outstanding blood alcohol report.
Mavimbela said she felt like there is no progress in the case and that there is a lot of run-around.
'The way things are going, it doesn't give any hope because the case has been postponed without a trial.
'It's always investigations, investigations based on the same reason, which is the blood results,' she said.
AfriForum is also demanding to be provided with details of the evidence obtained, including dashcam footage of the collision and a statement from the driver in whose car the camera was installed, and a statement about the alcohol and identification of the possible drugs found in Mogaila's car.
The unit wants to establish Mogaila's whereabouts and how he managed to escape in the period between 7am and 3pm on the day of the collision.
Available information indicates that the accused fled the scene via an e-hailing vehicle and spent time at a friend's house before handing himself over to the SAPS.
Additionally, AfriForum has asked for statements from individuals who removed Mogaila's car from the scene, including information on who arranged for the vehicle to be towed away, as well as evidence from his insurance company regarding the version he provided to explain the collision in support of his claim.
BMW South Africa has been asked to provide statements to the police on the evidence recorded by the luxury vehicle's electronic control unit, which would provide precise details of speed, acceleration, and deceleration, engine revs, gear selection, and steering input, among numerous other data fields, in the moments preceding the collision.
Other required evidence is the vehicle tracker data, if such a device were installed on the car, and Mogaila's insurance company would be able to confirm this, and statements from other potential witnesses, such as pedestrians and motorists, who are visible in the dashcam footage.
SAPS Gauteng spokesperson Mavela Masondo is yet to respond to requests for comment.
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