11 Apr 2016

Gaborone based chief magistrate Ms Faith-Dlamini-Ng’andu has ordered the prosecution to effect an execution order against George and Colly Zikhale, brothers to Gerald Zikhale for their failure to comply with the court order following their brothers’ failure to honour bail conditions

The Zikhale brothers had each committed themselves with the sum of P20 000 for being sureties of Gerald Zikhale’s, an accused in the Trojan Security company P2 million robbery case an offence committed in 2011.

Zikhale has constantly failed to turn up for mentions and trials as scheduled by the court something that prompted the court to effect the order.

Magistrate Dlamini-Ng’andu has ordered prosecution led by chief prosecution counsel Ms Thato Dibeela to ensure that proper civil procedure was being followed to execute the procedure to see to it that the two Zikhale brother’s goods were attached to enable the P20 000 payment they have bonded themselves with to bail out their brother.

The two were first ordered to pay during the March 7 appearance after the Zikhale brother told the court that they were not in a position to locate Gerald with his phone continuously going on voicemail.

One of the sureties Mr George Zikhale told the court that he was aware of the fact that he was bound to pay the P20 000 but denied ever being told that he will be expected to pay whole sum without option of instalment.

Both Zikhale brothers told the court that they will only be able to pay the bonded amount on instalment as they each had P5 000 and requested that they be given extra two months to be able to raise the required P20 000.

However magistrate Dlamini-Ng’andu dismissed the two accused’s plea for an additional time arguing that she believed that a clear explanation was made for the two to understand that they were putting their necks on the block in binding themselves for the accused to be released.

The chief prosecution counsel Ms Thato Dibeela had insisted on the order to be effected saying the defence was not taking the matter seriously by pleading for the court to exercise mercy on the sureties when they were actually aware of what they were putting themselves through.

The defence counsel Gosiame Digangwa highlighted that the order can only be effected through judgement by the presiding magistrate as it was a requirement by section 110 of the Criminal Procedure and Evidence CP&E.

Ms Dibeela however, pleaded with the court to grant prosecution three more months to try and locate Zikhale whose whereabouts were not known except that he might be in Zambia, Namibia or South Africa.

Meshack Kangangwane former employee of Trojan Security Company is so far the only remaining accused out of five in the case. 

He was charged jointly with Gerald Zikhale and Brutas Mokgalo, Motlhatlhobi Bagopi now deceased, together with Onkabetse Malope who has since been turned into an accomplice.

Magistrate Dlamini-Ng’andu expressed her disappointment that the case was taking time with only one witness given testimony out of 33 remaining prosecution witnesses. 

The case will resume on July 28 at Broadhurst Magistrate Court. Ends