Justice Yvonne Mokgoro’s partner sentenced over her death

The man convicted in connection with a car crash that ultimately claimed the life of retired Constitutional Court judge Yvonne Mokgoro will serve his sentence outside the confines of prison.

David Gaolatlhwe Mmelesi, 68, was sentenced to five years’ imprisonment, which was suspended for five years on condition that he is not convicted of the same offence during that period.

Mmelesi’s culpable homicide conviction follows a car accident on 3 April 2023 between Warrenton and Kimberley, Northern Cape, with him behind the steering wheel and Mokgoro in the passenger seat.

Collision claims Mokgoro’s life

During the trial, a truck driver who was involved in the collision told the Kimberley Regional Court that, at one point, the car the couple was travelling in was stationary on the side of the road without any hazard lights on.

He further testified that Mmelesi failed to indicate before making a U-turn, resulting in the collision that left Justice Mokgoro with severe injuries.

The retired judge later died in May 2024, aged 74.

National Prosecuting Authority (NPA) regional spokesperson Mojalefa Senokoatsane on Thursday said the state successfully demonstrated that the Mmelesi’s negligent conduct caused the collision and ultimately resulted in Mokgoro’s death.

Family details devastating loss

A victim impact statement read by Mokgoro’s eldest son, Ithateng, in court during sentencing proceedings detailed the loss the family suffered.

The family described her as a vibrant, compassionate and accommodating person who connected with people from all walks of life.

“Her passing has left an irreplaceable void in the lives of her children, grandchildren and siblings, as well as in the broader community,” the NPA’s Senokoatsane said.

“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.

This included medical expenses amounting to approximately R3 million and legal costs exceeding R600 000.

In their view, Mmelesi had shown no genuine remorse for his conduct.

‘Negligent conduct’

The family appealed to the court to impose a direct custodial sentence.

“In considering an appropriate sentence, 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,” Senokoatsane said.

“The court nevertheless acknowledged the seriousness of the negligent conduct that resulted in the loss of Justice Mokgoro’s life,” he added.