25 Feb 2014

Francistown’s Principal Magistrate Jennifer Chikate has sentenced Nxobizitha Ncube, 23, and Bhekinkosi Ncube, 27, to three years imprisonment each for vandalising and stealing cables and other electrical goods from the new Francistown Stadium last September.

When sentencing two of the six accused persons, Principal Magistrate Chikate said the prison term would be backdated to September 2013 and that six months would be suspended on condition that the Ncubes did not commit the same offence within three years.

Ms Chikate also awarded a compensation order in favour of the complainant, that is, Botswana Government, and a disposal order for the recovered copper cables.

She noted that although the accused told the court that there was no where they could get the money to compensate the complainant, compensation was in order and it was upon the accused to meet the obligation.

She said in reaching the sentence, the court took into consideration that the Ncubes did not waste time for the court and money for the prosecution by calling witnesses but pleaded guilty.

She said the court also considered that the accused persons were unemployed and had families to fend for, meaning that they did not steal out of greedy but need.

“The sixth accused person, Bhekinkosi, in his mitigation told the court that he was arrested before his customers paid him for the sold stolen goods and some of the goods were recovered therefore he did not benefit from the offence,” she said.

Ms Chikate said, however, that unemployment could not be blamed as there were other youth who were unemployed but were making a living in the informal sector.

She pointed out that the accused persons were foreigners who were not in the country legally and were therefore malicious. She noted that the offence was not incidental but pre-planned as they acted jointly and in concert with others.

“Although you should be credited for cooperation during investigations, you did not surrender yourselves to the police as indication for change of your heart and the police had to investigate and arrest you,” she said.

Principal Magistrate Chikate said the court noted that even the recovered goods could not be reused and there was need for the government to buy new ones. She advised the Ncubes to appeal within 14 days should they disagree with the sentencing.

The prosecutor, Mr Mothusi Dintwa, had applied for separation of trial for the other four accused persons, Mmusi Kelapile, 28, Mothusi Lesole, 38, Fetogang Mathunya, 31, and Petrus Moyo, 26. Kelapile, Lesole and Mathunya were on bail while Moyo was in custody.

The four will appear for mention February 17. All the six men were accused of vandalizing the new Francistown Stadium  and stealing copper cables  and other electrical goods worth more than P400 000. ENDS