05 Mar 2014

Molepolole Senior Magistrate William Modise has dismissed a claim by a Zimbabwean national, Siphamandla Ndlovu, that he was being charged for an offence he did not commit.

Ndlovu contended that he was not present when the offence was committed  and therefore it was wrong to have been jointly charged for store breaking when he could have atleast been charged for possessing stolen goods which were allegedly found at his home after being left by a friend in his absence.

The two accused, Themba Dube and Siphamandla Ndlovu, both aged 23 were charged for jointly breaking into a store in Kumakwane stealing goods worth over P29 000 belonging to Mr Kerwin January last December.

He said it was wrong for him to have been charged for jointly committing the offence with Dube who is at large when he was not even implicated in the committal of the offence.

Meanwhile, the prosecutor Sub-Inspector Mishingo Kedikanetswe said there was no need for him to change charges against the accused saying they would rely on evidence of the prosecution witnesses to guide the court on who did what.

Magistrate Modise however dismissed the accused’s claim concurring with the prosecution over the fact that the accused persons could not decide on charges to be laid against them. “Let us wait for prosecution witnesses to lead evidence on what transpired on the actual day.

"The prosecution cannot rely on your argument because you can come up with stories simply to free yourself,” stated Mr Modise. The prosecution would be expected to call eight witnesses during trial scheduled for April 14 and 15.

Meanwhile,  Magistrate Bhekimpilo Sibanda has ordered a driver with Kweneng District Council, Odirile Dibotlhale to appear before court April 28, with the alleged dismissal letter from his employer that made him fail to comply with court orders.

The accused Dibotlhale allegedly failed to pay P10 500 outstanding areas following an order by the court to maintain his 39-year-old former wife and their two children  at the total cost of P500 monthly. He said he had been dismissed from work due to ill health.  ENDS