Fraudulent chief convicted

Lebogang Baingapi | Thursday August 11, 2016 15:30

 

Delivering the judgement on Monday Magistrate Odirile Mokgatle noted that the 58-year-old sold the cows in question bearing his brand mark, the district mark and the RADP brand mark and he was paid a sum of P20,000.

The five cows and a bull were then handed over to the beneficiary Dolly Mapere on November 2014. It was noted in court that Mapere later reported to Mabutsane Sub-District that her cows were missing after using all her energy to look for the cows in vain.

Acting on a tip-off she found a lead to Pule’s cattlepost where it was reported that he moved the stolen cattle to Kokong village to his cousin as mafisa. During investigations, Pule claimed that he did not steal the said cows but wanted to care for them as they were becoming thin, thirsty and hungry every day. He later made an effort to make peace with the complainant by offering her two cows and P1,500 as compensation to pursue withdrawal of the case.

Mapere’s testimony that she did not need any assistance from the accused was corroborated by the Community Social Development Officer at Mabutsane Sub-Disctrict, Nakedi Morwagaabuse, who said it is the burden of the council to take care of those cows for the first five years and they do not need any Good Samaritan to help.

He testified that the programme is for the marginalised groups and the beneficiary has a duty to report any hiccups to the council that include diseases, shortage of food, water or any sale that needs to be done.

“The accused was paid P20,000 and he had no obligation to take care of the cows. No one should burden themselves with what Matimela department does. Furthermore it is upon the council to hand over the cows to another beneficiary in an event that the current beneficiary is failing to take care of the said livestock,” reads part of the judgement.

The defence attorney Phenyo Sekape argued that the exhibits were tempered with as during trial the cows already had the complainant’s brand mark which were not there during investigations. It however emerged that Mapere did not have a brand mark at the time she was awarded the cows but she applied and was given a brand mark which she used after recovering the stolen cows which came with a one-year-old calf, with fear that they might be stolen again.

Magistrate Mokgatle noted that all elements of conviction in criminal procedure were satisfied in the matter and it shows that the accused intended to deprive the complainant of her cattle as he stole them from Kanaku to his cattlepost in Maokaneng and later drove them to his cousin in Kokong village as mafisa.

He was found guilty and convicted on a single count of stocktheft. Pule was remanded in custody following his conviction and sentence was reserved for August 18.