Senior citizens discharged, acquitted of stocktheft
Lebogang Mosikare | Tuesday July 26, 2016 16:05
The state alleged that Moffat Ndlovu (73), who walked with the help of a walking stick and Chidzani Mbise (55), stole cattle at Shalakwane lands.
Passing judgement, senior magistrate Thebeetsile Mulalu said the accused were found with cattle suspected to be stolen.
“The state said that the accused failed to explain how the cattle came to be in their possession. It is common cause that they were found with the stock in question in their ploughing field. They had arranged with Isaiah Muchaka to buy the cattle from him for P8,000,” said Mulalu.
He further said that Shadreck Kgomo identified the cattle as his.
“I am satisfied that the cattle were taken from Kgomo. The only question is whether the accused persons had reasonable reasons as to why they possessed the cattle. This is a matter that has a checkered history. The matter took long to be tried.
“At one point, Muchaka was kept in custody for a year because he was said to be an illegal immigrant. I ended up resolving to free him from jail but he absconded from attending court even during trial,” said Mulalu.
Muchaka, Mulalu added, featured prominently in the matter.
“It is said that Muchaka is the one who offered Ndlovu and Mbise the cattle. At the time of the sale of the cattle, Muchaka is said to have said the cattle belonged to some people he worked for at Panda farms. This is the version that Ndlovu and Mbise maintained,” said Mulalu.
Ndlovu and Mbise said they intended registering the cattle at the customary court for sale. They were however, confronted by the police before they registered the cattle at the customary court, said Mulalu.
“It is unfortunate that Muchaka absconded from trial. He is the only person to confirm or rebut the prosecution case. There is no doubt that Muchaka had stolen the cattle he offered for sale.
He is said to have promised to register the cattle at the customary court,” said Mulalu.
Mulalu added: “This alone renders him guilty of having stolen the cattle in question. I do not think we can rely on the testimony of the prosecution alone to prove the guilt of the accused beyond reasonable doubt. They are accordingly acquitted and discharged of the offence.”
Attorney Morris Ndawana represented the accused while Gasemotho Pitlagano from the Directorate of Public Prosecutions (DPP) represented the state.