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to assault her, (which I do not accept) or that the deceased hit the accused with a
fist, the use of a dangerous weapon in those circumstances was excessive.
Thirdly, the means used by the accused should be the least dangerous or the only
means readily available at the time. Evidence have shown this court that the
accused postponed the fightingfrom11thOctober 1994 to 12th October 1994 on the
grounds that she was not ready to engage the deceased for a fight on that day.
When asked what will she bring to make herself ready to fight, she told the crowd,
in which the deceased and accused's friend and classmate LILAHLOANE SELLO
were present, that she will bring a knife.
The accused brought the knife
specifically to fight. She concealed it under her clothes until the moment she
produced it to stab the deceased. It is the accused's own evidence which shows
this court that at no state did this accused suspect the deceased to be armed. The
decision to arm herself with a knife was not justified. The decision to resort to the
use of the said knife, against the deceased's bare hands was even more unjustified.
The accused is therefore found guilty, as charged, of murder of LEFULESELE
MAHLOMOLA with a direct intent.
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