15 Nov 2022

Convict Tafara Chihwayi has pleaded with the court for a non-custodial sentence.

Chihwayi was convicted on two counts of entering Botswana at an ungazetted point and unlawful possession of government trophy, but acquitted on a count of obtaining by false pretences. He will be sentenced on November 24, 2022.

Presenting his mitigating factors before Broadhurst Chief Magistrate, Ms Linah Mokibe-Oahile on Monday, Chihwayi said he had a family to provide for and did not have previous convictions.

He said four of his five children were going to school and therefore depended on him as their sole provider. “I also have custody of my deceased sister’s two children. I left my native country, Zimbabwe for Botswana due to economic hardships and the pressure to provide for my family,” said Chihwayi.

He further pleaded with court to take into account that he had cooperated with the prosecution and the investigating team since his arrest. “When passing judgement the court must also take into account the time I have spent in custody. Since my stay in prison after conviction, I have learnt that committing crime does not have any positive results,” he said.

He further pleaded with the court for the sentences to run concurrently. The court learnt that on April 14, 2018, Chihwayi allegedly fraudulently obtained the sum of P10 000 from Kamogelo Setlalekgosi under the pretext that he was a traditional doctor and will assist in casting out the demons that were troubling her.

In relation to the charge on unlawful possession of government trophy, Ms Mokibe-Oahile said the accused person’s house, which was used for consulting his clients, was decorated with, among others, two python skins, ostrich egg shells, baboon skin and elephant tasks, which he failed to produce evidence of how he obtained them.Chihwayi was also convicted for entering the country at an ungazetted point. 

Ms Mokibe-Oahile said records from the immigration department only show the date when Chihwayi left Botswana for Zimbabwe, but there was no record that he ever came back, though he was arrested in Botswana, adding that his claim that he lost his passport was not enough.ENDS