30 Oct 2022

Broadhurst Chief Magistrate, Ms Linah Mokibe-Oahile has acquitted a Zimbabwean national, Tafara Chihwayi on a charge of obtaining by false pretence.

Instead, Chihwayi was convicted for entering Botswana at an ungazetted point as well as unlawful possession of government trophy.

Delivering the judgement on October 28, Ms Mokibe-Oahile said the court acquitted Chihwayi on a count of obtaining by false pretences since there was no sufficient evidence to substantiate the charge.

The court learnt that on April 14, 2018, Chihwayi was alleged to have fraudulently obtained the sum of P10 000 from Kamogelo Setlalekgosi under the pretext that he was a traditional doctor and would assist in casting out the demons that were troubling her. Ms Mokibe-Oahile said at the time of arrest, the accused had failed to produce evidence that he was licensed to practice as a traditional healer.

It was reported that though not licensed, it would seem Chihwayi was indeed practicing as a traditional healer given at the time of arrest, there was a group of people who had come for consultation for various ailments.

Regarding the allegation of defrauding Setlalekgosi, evidence presented before court by the complainant and the accused indicated that indeed the said amount exchanged hands. “Even though it was not clear as to whether the said amount was paid in full because the accused indicated receiving only P5 000 while the complainant claims to have given him P10 000, the truth remains that a financial transactions was confirmed by the duo,” she said.

Ms Oahile-Mokibe said the state case had further revealed that Chihwayi and Setlalekgosi had at one point travelled to Zimbabwe where the former was accompanying the latter to an identified traditional healer to address her challenges.

“Setlalekgosi who was said to be troubled by stomach pain, was also to be initiated as a traditional doctor. On arrival at the specified location in Zimbabwe, the complainant is said to have met the said traditional healer and that service was rendered accordingly which including being taken to a nearby river and taking a bath on a mixture of traditional herbs and getting some to use at home,” said Ms Oahile-Mokibe.

She added that even though the complainant claimed to have been defrauded and wanted a refund, evidence before court showed that service was rendered accordingly and therefore it was difficult for the court to establish any mischievous act that could be addressed by way of compensation. “The court also cannot tell how the rendered service was to work and therefore difficult to ascertain if there was a need to seek refund since the provided traditional herbs failed to work as expected,” she said.

She said since Chihwayi was not the one who provided the service to the complainant, he was wrongfully charged for obtaining by false pretences and therefore was accordingly discharged.

On the charge of unlawful possession of government trophy, Ms Oahile-Mokibe said the accused’s house which was used for consulting his clients was decorated with among others two python skins, ostrich egg shells, baboon skin, elephant tasks of which he failed to produce evidence of how he had obtained them.

“Therefore the accused is guilty for unlawful possession of government trophy,” she said. Chihwayi was also convicted for entering the country at an ungazetted point. Ms Oahile-Mokibe said records from the immigration department only showed the date when Chihwayi left Botswana for Zimbabwe and there was no record that he ever came back, though he was arrested in Botswana and that his claim that he left his passport was not enough.

“Therefore, it will be fair to say he entered the country through an ungazetted point. Information of him entering Botswana must be available in the records of the immigration department as it is the case with that of his departure,” said Ms Oahile-Mokibe.  She added that the state had proven beyond reasonable doubt that indeed he had entered the country at an ungazetted point and therefore found guilty as charged. Chihwayi has been remanded in custody and will appear before court on November 14 for sentencing. ENDS