04 Feb 2014

Themba 'Kwanele' Dube and Siphamandla Ndlovu, both 23-year-old Zimbabweans recently appeared for mention before Molepolole Senior Magistrate William Modise.

The duo previously pleaded not guilty to two counts of breaking and stealing property worth more than P39 500 belonging to Mr Kerwin January in December last year.

The prosecutor, Sub Inspector Mishingo Kedikanetswe of Thamaga Police Station asked court to give him time to amend the charge sheet as previously they were charged with Khumbulani Nkomo, 25, who had since been convicted and sentenced to six years imprisonment.

Nkomo said he was the one who broke into the storeroom and stole the properties because after 11 years of working for Mr January, the latter refused to pay him, help him renew his residence permit and also threatened to harm him when he demanded payment.

However, Dube and Ndlovu requested that the investigating officer be present in their next court appearance, saying that the police statements that they had been served with did not include them in the offence.

Ndlovu also asked that he be taken to his rented house in Kumakwane to collect some of his clothes because he had not changed since he was remanded and he had no one to visit him in prison.

Mr Kedikanetswe then told court that he feared that calling the investigating officer would temper with evidence, as the accused persons were likely to cross-examine him prior to trial. He undertook to help Ndlovu with his clothes.

“My fear is that maybe the questions that the accused persons are going to ask the IO will put pressure on the evidence,” he said. “I’ll leave the court to make the final decision on the request.”

Senior Magistrate Modise rejected the accused person’s request because it would not be proper to call the investigating officer to be cross-examined prior to trial because that could temper with evidence. The remand warrant for Dube and Ndlovu was extended to February 17. ENDS