21 Nov 2014

Francistown principal magistrate, Mr Thebeetsile Mulalu has sentenced Mgcini Ncube to five years imprisonment and five strokes for each of the two counts of arson.

Passing the sentence on November 19, Mr Mulalu said three of the five years would be suspended on condition that Ncube did not commit any crime of arson or malicious damage to property within the suspended period.

The two years will run concurrently effecting from August 14 last year when he was arrested, he said. Mr Mulalu also ruled that the shoes which were kept as exhibits should be handed back to Ncube and if he did not want them the state should dispose them. 

He noted when making the ruling he took into consideration that arson was a serious offence, the accused acted recklessly because according to the evidence given in court the accused cared less whether there was somebody inside the burnt houses.

He said he also took into consideration that the 34-year- old, Ncube was a first offender and although there was insinuation that Ncube could be responsible for the other cases of arson in the area, it was not proven to court beyond reasonable doubt.

Mr Mulalu advised all the parties not satisfied with the decission to appeal to the high court within a period of 14 days.

Ncube was facing counts of arson of two mud houses in Sebina in which property valued at P1 500 was destroyed. 

The state called nine witnesses while Ncube called two witnesses. ENDS