Man appeals murder conviction, claims self-defence
Moses Tjazembua (33) has filed an appeal in the Windhoek High Court against his murder conviction and 14-year prison sentence, maintaining that the fatal blow he dealt to Ebson Mureko with a metal bar seven years ago was an act of self-defence.
Tjazembua was originally convicted on 20 October 2022 in the Otjiwarongo Magistrate’s Court on a charge of murder in connection with Mureko’s death.
The incident occurred in late August 2018, when the two men were out drinking with friends, according to trial documents.
“After we went to another bar. And from there we went to the house of Mr Lesley, and we continued drinking," Tjazembua’s plea explanation read.
"And Lesley beat Mureko in the mouth as he touched one of the girls' buttocks”. A fight broke out following the altercation, eventually resulting in Mureko’s death.
In his appeal heads of argument, Tjazembua says that the State failed to prove intent beyond reasonable doubt, as Mureko – who was allegedly drunk, aggressive and armed with bottles – pursued him at around 02:00 in the morning.
Tjazembua’s lawyer, Laura Pack, argues that several factors were overlooked, including mutual intoxication, the deceased’s earlier violent behaviour and the five-metre distance between the two men when the iron bar was thrown.
She further argues that the trial court failed to consider a competent verdict such as culpable homicide, and that intervening factors – including the deceased removing the bar from his own throat before he died, delays in medical assistance and alleged negligence by those present – broke the chain of causation.
‘No chance of success’
The State has urged the High Court to dismiss the appeal, arguing that it is nearly three years late, procedurally defective and has little chance of success.
Under Namibian law, an accused has 14 days after conviction to file an appeal. Tjazembua initially filed a notice shortly after sentencing but withdrew it in November 2024. His second notice was only submitted in July this year, with the State contending that he offered no acceptable explanation for the delay.
In his explanation for the late filing, Tjiazembua informed the court that he was emotionally overwhelmed and did not understand the process as a layperson.
The State has countered that emotional distress is unsupported by medical evidence, lack of legal knowledge is no excuse, and that Tjiazembua had access to legal aid throughout. “The explanation simply does not meet the required threshold,” the prosecution notes.
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Tjazembua was originally convicted on 20 October 2022 in the Otjiwarongo Magistrate’s Court on a charge of murder in connection with Mureko’s death.
The incident occurred in late August 2018, when the two men were out drinking with friends, according to trial documents.
“After we went to another bar. And from there we went to the house of Mr Lesley, and we continued drinking," Tjazembua’s plea explanation read.
"And Lesley beat Mureko in the mouth as he touched one of the girls' buttocks”. A fight broke out following the altercation, eventually resulting in Mureko’s death.
In his appeal heads of argument, Tjazembua says that the State failed to prove intent beyond reasonable doubt, as Mureko – who was allegedly drunk, aggressive and armed with bottles – pursued him at around 02:00 in the morning.
Tjazembua’s lawyer, Laura Pack, argues that several factors were overlooked, including mutual intoxication, the deceased’s earlier violent behaviour and the five-metre distance between the two men when the iron bar was thrown.
She further argues that the trial court failed to consider a competent verdict such as culpable homicide, and that intervening factors – including the deceased removing the bar from his own throat before he died, delays in medical assistance and alleged negligence by those present – broke the chain of causation.
‘No chance of success’
The State has urged the High Court to dismiss the appeal, arguing that it is nearly three years late, procedurally defective and has little chance of success.
Under Namibian law, an accused has 14 days after conviction to file an appeal. Tjazembua initially filed a notice shortly after sentencing but withdrew it in November 2024. His second notice was only submitted in July this year, with the State contending that he offered no acceptable explanation for the delay.
In his explanation for the late filing, Tjiazembua informed the court that he was emotionally overwhelmed and did not understand the process as a layperson.
The State has countered that emotional distress is unsupported by medical evidence, lack of legal knowledge is no excuse, and that Tjiazembua had access to legal aid throughout. “The explanation simply does not meet the required threshold,” the prosecution notes.
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