Soccer star Mogaila to go on trial after state rejects his proposed plea
Private Prosecution Unit to head another road accident case
The football star Shaune Mogaila, who is accused of causing the crash that killed nine-year-old Gomolemo Mavimbela, will go on trial in the Tembisa Magistrates Court after the National Prosecuting Authority (NPA) appears to have rejected his proposed plea and sentence agreement. AfriForum’s Private Prosecution Unit submitted representations to the state on behalf of Gomolemo’s mother, Keo, and Carol Khethiwa, the mother of Thando, who was severely injured in the same collision. Mavimbela made a brief appearance in court yesterday (30 June).
Both Mavimbela and Khethiwa, after carefully considering Mogaila’s submission, rejected the sentence he had proposed in exchange for a guilty plea, saying it was shockingly inappropriate given the seriousness of the alleged offence and the trauma it caused everyone involved. The court postponed the case to 21 July for pre-trial proceedings.
Meanwhile, the police’s failure to properly investigate cases of culpable homicide involving people killed on the country’s roads have once again been highlighted by another fatal road incident in Tembisa, allegedly involving a drunk driver. AfriForum’s Private Prosecution Unit represents Thembisile Jama, the widow of Luthando Jama, who died on 23 January 2026 after being struck by a bakkie driven by Lebogang Nkuna, who allegedly then tried to flee the scene.
Despite these circumstances, Nkuna has not appeared in court, and Jama was told by the investigating officer that the investigation has been delayed because police are still waiting for the blood alcohol results.
On the day of the crash, Jama was standing on the side of the road near a panel beater’s workshop on the R562. He had gone to the panel beaters to get a quotation for repairs to his vehicle. He and the owner of the workshop were standing next to his vehicle when Nkuna, driving a bakkie, collided with them. Jama died at the scene, while the owner suffered minor injuries.
In correspondence to the Tembisa Magistrates Court Advocate Gerrie Nel, Head of the Unit, argued that the case should be enrolled for trial. “It has become increasingly apparent that investigations into culpable homicide cases are often not afforded the priority they deserve. Delays in obtaining blood alcohol results are seldom actively managed, with the result that matters are prolonged unnecessarily and, in some instances, are eventually struck off the roll.
“It remains our respectful submission that this matter constitutes one of culpable homicide and that the blood alcohol results are not essential to prove such a charge. There are eyewitnesses who can attest to the circumstances surrounding the collision, and the blood results would, at best, serve as an aggravating factor in sentencing. There is therefore no reason for this matter to be delayed indefinitely pending the outcome of those results,” says Nel.
