04 Aug 2022

The Village Magistrate Court has ordered Thatayaone Lebele to reimburse Mr Tlhomamang Hambira an amount of P100 000 or go to jail for five years.

Convicting Lebele on a single count of obtaining by false pretences on Tuesday, Senior Magistrate Tshepo Thedi directed Lebele to have paid the money by end of business on September 1, 2022, failure of which he would be incarcerated for five years.

Particulars of the offence are that on August 8, 2016, Lebele obtained by false pretences the sum of P100 000 as payment for a plot in Mogoditshane, while in actual fact, the said piece of land was non-existent.

In mitigation, Lebele, a father of two boys, pleaded with court to temper justice with mercy, indicating that he was determined to reimburse the complainant.

Lebele told the court that he had arranged with the complainant to pay him P50 000 at the end of August and settle the balance in September and October.

He also pleaded with the court to consider a non-custodial sentence as he was a mechanic and therefore incarceration would impact negatively on his business and welfare of his children.

Lebele said he was determined to raise the funds and reimburse Mr Hambira.

Prior to passing sentence, Senior Magistrate Thedi said though the court had taken into consideration Lebele’s mitigating factors, it must also consider the gravity of the offence. 

She said the judiciary was concerned by the increase of cases where some people had developed a criminal motive of preying on innocent members of society and through mischievous means draw money from them.

The magistrate said people were desperately looking for land and therefore criminal masterminds like Lebele were ready to pounce on them.

Therefore, the court must stamp its authority and protect innocent people, she said. Ms Thedi said the matter was old and if Lebele was determined like he said in his mitigation, he could have long reimbursed the complainant. ends