Magistrate Sijabuliso Siziba fined Radileng and Oreeletse P700 or six months in prison should they fail to pay the money before August 21."I take into consideration that you are taking care of your families and sending you to jail will not be in the interest of society although you have committed a serious offence. "I have considered that you are not working and think that a non-custodial sentence will be appropriate in this matter," said Siziba in his ruling.Before sentencing the accused, the magistrate told them that the offence they had committed attracts a maximum fine of P5,000, five years in custody or both. In mitigation, Radileng said he is taking care of his sickly mother who is currently admitted at Nyangabwe Referral Hospital. He said he is the sole breadwinner for his family and he is taking care of his school-going siblings and his three children.
He prayed for a non-custodial sentence because his family will suffer if he is sent to jail.Oreeletse also prayed for a non-custodial sentence because he is an orphan who is taking care of his elderly blind grandmother and younger brothers. He said members of his family would be greatly prejudiced if he is sent to jail because he supports them by doing piece jobs. Meanwhile a scrap yard dealer was spared jail after the magistrate ruled that the state failed to prove its case beyond reasonable doubt against him. Jeffressy Tarwirei was charged with receiving stolen property after he was found with three pieces of metal in 2011 belonging to Tati Nickel Mine
In his ruling Siziba said that Tarwirei did not know that the metals were stolen when he bought them at his scrap yard. He acquitted and discharged him for lack of evidence.
