Culpable homicide conviction secured in judge Yvonne Mokgoro’s road crash - TimesLIVE

Motorist David Gaolatlhe Mmelesi has been sentenced for culpable homicide in connection with the death of his partner, retired Constitutional Court justice Yvonne Mokgoro.

The Kimberly regional court sentenced the 68-year-old to five years’ imprisonment, wholly suspended for five years on condition that he is not convicted of the same offence during the suspension period.

The couple were in a collision on April 3 2023 between Warrenton and Kimberley. Mmelesi was driving a vehicle in which Mokgoro was a passenger when the collision occurred. She sustained serious injuries and subsequently died in a Johannesburg hospital in May 2024.

Senior state prosecutor Tebogo Benjamin Namisa presented evidence, including testimony from the truck driver involved in the collision.

The witness testified that the vehicle driven by Mmelesi was stationary on the side of the road without its hazard lights activated.

Mmelesi failed to indicate before executing a U-turn, resulting in the collision that left justice Mokgoro with severe injuries.

During sentencing proceedings, her eldest son, Ithateng Mokgoro, spoke on behalf of the family about their loss.

The family described Justice Mokgoro as a vibrant, compassionate and accommodating person who connected with people from all walks of life. They said her passing has left an irreplaceable void in the lives of her children, grandchildren and siblings, as well as in the broader community. Despite having retired from the Constitutional Court, she remained actively involved in matters of societal interest at the time of her death.

The family further outlined the emotional, medical and financial hardships experienced following the collision, including medical expenses amounting to about R3m and legal costs exceeding R600,000.

“They expressed the view that the accused had shown no genuine remorse for his conduct and appealed to the court to impose a direct custodial sentence.”

In considering an appropriate sentence, however, the court took into account the accused’s personal circumstances, including that he was a first-time offender and had an adult child dependent on him for support.