FRANCISTOWN: Two Monarch men accused of rape have been sentenced to receive strokes for disrespecting the court.
The two, Thatayaone ‘Saddam’ Malebye, 30, and Zenzo ‘Zama’ Kayeye, 36, allegedly robbed a Zimbabwean woman at her rented place in Monarch Area 2 on February 24, 2018.
They allegedly robbed the woman and her partner, Philani Ncube, of a cellphone and other valuables worth P3,049 using violence.
The state also alleges that after the duo robbed the woman, Malebye proceeded to rape the woman in the presence of her partner.
When the duo appeared before Chief Magistrate Taboka Mopipi on Tuesday, they applied for Mopipi to recuse herself from the case because they felt that she is biased against them.
However, chaos erupted in court after Mopipi refused to recuse herself from the case.
Mopipi said that the application for her recusal was without any basis because she has not done anything that can be said to be prejudicial to the accused.
This did not go down well with Malebye and Kayeye. The duo started to bang the dock to show their displeasure at the decision taken by the magistrate.
Mopipi, who also ruled that the duo should further be remanded in custody, then sentenced the accused to four strokes each for bringing the court into disrepute.
Malebye then dared that he was not going to be whipped as the magistrate had ordered when he was escorted outside the court by a group of police officers.
Malebye is not new to controversy. He spent many years in jail after being convicted of the murder of a Botswana Defence Force (BDF) soldier, Tshokodiso Plots.
Saddam as Malebye is popularly called in social circles, was later acquitted and discharged of the offence by the Court of Appeal (CoA).
When the duo previously appeared in court the investigating officer, detective sergeant Batisani Soba, pleaded with the court not to grant Kayeye bail.
Soba told the
“We arrested the accused (Kayeye) on March 29 at Tsamaya village following a tip-off. He is currently facing a similar matter before this court. Also investigations in the matters are still continuing hence we apply for the accused to be further remanded in custody. I am yet to extract blood from Kayeye, record his statement and take his fingerprints. May I be given 14 days to complete my investigations because I am also investigating other cases?” Soba requested.
In cross-examination, Kayeye put it to Soba that he did not escape from custody but was freed by him after questioning him at the scene of the crime.
In response, Soba admitted that he indeed freed Kayeye but he (Kayeye) was later arrested after investigations showed that he also took part in the commission of the offences.
At the end of the appearance, the Francistown Chief Magistrate Thebeetsile Mulalu ruled in favour of the state then.
He said: “The accused are facing serious offences of rape and robbery. Malebye and Kayeye are also said to be facing similar counts of rape and robbery. I remember the said cases very well because they are before me.”
“The accused have the right to bail since they have not been found guilty of any crime in relation to all these allegations. However, the right and liberty of one man should not encroach on the rights of others. In my view the accused are not good candidates for bail. Their application for bail is therefore opposed and they are at liberty to appeal my decision at the High Court if they are not satisfied with it,” Mulalu said then.