Quintet gets three suspended years for stealing P315,000 phane
Lesedi Mkhutshwa | Thursday June 12, 2025 14:45
Magetse delivered the judgment at Francistown Magistrate's Court yesterday (Monday).
According to court documents, on the first count sometime during May 2025, exact date not known to the prosecutor, at Gerald Estate location in Francistown the accused persons stole 10 bags of Mophane worms.
The accused who have now been sentenced are Lebani Makhulela, Chikadzi Makhulela, Kewagamang Makhulela, Keitumentse Ndlovu and Trust Mhodi.
Each bag weighed 55kg and each was valued at P3,500. The bags' total valued was P35,000 belonging to Nametso Mandendemuka.
The charge sheet further reads that the accused persons did not have any claim of right over the properties and their intentions were to permanently deprive Mandendemuka of her lawful property.
On the second count, on or around June 1, 2025, Lebani and Trust Mhodi went back to the complainant's residence and stole 80 more bags containing mophane worms valued at P280,000.
The documents state that an investigation into the matter led to the recovery of 60 bags of mophane worms, a Honda fit car and P10,000 found in the possession of Lebani.
Additionally, on count three and four, Ndlovu and Trust Mhodi are facing charges of entering Botswana through ungazetted point of entry.
In his ruling, Magetse said that each of the accused persons is sentenced to three years’ imprisonment, wholly suspended for a period of three years, on condition that during the period of suspension, they are not convicted of any offence involving dishonesty or theft.
He further said that Lebani and Kewagamang are each ordered to receive five strokes of corporal punishment subject to certification of medical fitness by a qualified medical officer.
He stated that on count two Lebani is sentenced to three years’ imprisonment, wholly suspended for a period of three years, on condition that during the period of suspension, he is not convicted of any offence involving dishonesty or theft.
Magetse also ordered Lebani by consent to compensate the complainant P53,695 within six months effective Monday (yesterday).
He mentioned that the exhibits should be forfeited to the complainant.
Prior to speaking about assessment of mitigating factors, Magetse said that all accused persons are first offenders.
This status recognised across jurisprudence as a mitigating factor, naturally weighs in their favour in the sentencing process, he added.
Magetse also said that the accused persons also pleaded guilty at the earliest opportunity.
“The plea spared witnesses including the complainant from the emotional toll of testifying, whilst reducing the costs ordinarily incurred by the state in contested proceedings,” he continued.
He noted a guilty plea reflects an acknowledgment of wrongdoing made of the accused’s own volition.
Magetse stated that the court further notes and acknowledges Lebani's honesty in disclosing the full extent of his involvement in the offence, including how the stolen phane was transported across the border into Zimbabwe.
“Whilst this does not diminish the seriousness of the offence, it demonstrates a level of cooperation and accountability that is not often forthcoming in cases of this nature,” Magetse added.