Soccer star Mogaila seeks plea deal – Private Prosecution Unit wants dashcam footage shown

The football star accused of causing the crash that killed Gomolemo Mavimbela (9) and critically injured Thando Khethiwa is contemplating entering a plea agreement in the Thembisa Magistrates Court, where he is facing charges of culpable homicide and reckless and negligent driving. Shaune Mogaila’s legal team informed the Court on Tuesday that they would be making a submission to the Senior Public Prosecutor in terms of Section 105A of the Criminal Procedure Act (CPA). However, AfriForum’s Private Prosecution Unit, which represents the victims’ mothers, Keo Mavimbela and Carol Khethiwa, insists that the dashcam footage of the accident be shown so that the seriousness of the crime be considered when the court considers an appropriate sentence.

Gomolemo was killed on Andrew Mapheto Road in Tembisa on 30 October 2024, when Mogaila’s car collided with Keo’s. Thando, the son of Keo’s friend, was critically injured. The Sekhukhune United winger allegedly fled the scene and handed himself over to the police later that day. He was granted bail of R20 000.

AfriForum’s Private Prosecution Unit has written to the National Prosecuting Authority (NPA) to indicate both Keo’s and Carol’s eagerness to exercise their rights in terms of the CPA by making submissions in response to the proposed plea and sentence agreement. Mogaila’s legal team told the Court they would make their submission within the next week, and had the case postponed to 30 March.

Barry Bateman, Spokesperson for the Unit, says although a proper guilty plea will ensure justice for the victims, they are concerned the apparent haste to submit and conclude a plea and sentence agreement might be an attempt to prevent certain key evidence being presented in Court. “Video footage from a dashcam shows Mogaila’s high-performance car swerving across a wide bus lane, seemingly at high speed, and colliding with Keo’s car. It is critical that the Court see that footage in order to fully understand the circumstances surrounding this horrific collision.

“As we saw in the case of Jaco Swart, who mercilessly beat his wife Nicolene Swart, he escaped with a slap on the wrist because the Court did not see the video evidence that showed the savage nature of the assaults. In the same way, we believe that only by viewing the footage of Mogaila’s actions will a Court be able to impose a just sentence,” says Bateman.

The Unit will provide the position of the victims to the Court so that it can fully understand the life-changing emotional and physical scars suffered by the Mavimbela and Khethiwa families.